Palembang, South Sumatra, 29 August 2024 – A dozen South Sumatran residents attended Palembang District Court this morning to register a lawsuit against three plantation companies over the chronic smoke haze that has blighted their lives due to fires repeatedly burning on peatland inside the companies’ concession areas. The three companies named in the lawsuit are PT Bumi Mekar Hijau (BMH), PT Bumi Andalas Permai (BAP), and PT Sebangun Bumi Andalas Wood Industries (SBA Wood Industries).
Supported by a coalition of civil society and environmental organizations called the South Sumatra Smoke Suit Initiative (Inisiasi Sumatera Selatan Penggugat Asap – ISSPA), the twelve residents are asking the court to award compensation for the deprivation of their right to a healthy environment and for environmental restoration after the fires, which have harmed them both materially and immaterially.
The plaintiffs are residents from several haze-affected areas including Bangsal Village and Lebung Itam Village, both in Ogan Komering Ilir district; and from the provincial capital Palembang. They come from varied backgrounds: farmers, rubber tappers, fishers, swamp buffalo breeders, full-time parents, freelance workers, and environmental activists.
“For years I have been a victim of smoke haze caused by peatland fires, and last year my swiftlet nesting house burnt down due to these fires. We came today to sue three companies that we blame for causing the haze that we suffer through almost every dry season. Through this lawsuit, we hope to warn the companies that what they are doing is wrong because it damages our families and the environment,” said one of the plaintiffs, Pralensa (who goes by one name) from Lebung Itam Village.
According to the lawsuit, the defendant companies are legally responsible for smoke haze which has had a negative impact on the environment and on the health of the public, both physically and mentally. The plaintiffs have experienced significant impacts and losses, including health problems such as chest tightness and respiratory difficulties. Routine activities, such as rice farming, rubber tapping, fishing, and construction work, which typically begin in the early morning, have been severely disrupted. The plaintiffs also suffered financial losses because the costs of growing rubber and raising livestock increased, while productivity decreased. Activities such as attending classes, worship and other social interactions were disrupted, triggering feelings of anxiety and depression.
“Because of the haze, I felt stressed and worried about the health of my children and myself. Our family’s economy was disrupted because the smoke prevented us from tapping rubber or catching fish. I decided to become one of the plaintiffs in the hope that companies and the government would pay more attention to the environment,” said Marda Ellius, another plaintiff.
Ipan Widodo from Palembang legal Aid Foundation, one of the lawyers overseeing this case, said: “Thus far, the people of South Sumatra have remained silent about the harmful effects of smoke from forest and peatland fires. This is the first time the community has demanded strict liability for losses resulting from environmental pollution or destruction committed by companies. This struggle marks a new chapter in the development of environmental law in Indonesia and a new style of public resistance against the climate crisis.”
The peatland fires that occurred in the defendants’ concession areas have contributed significantly to haze in Palembang in 2015, 2019 and 2023. The burned area in the defendants’ concessions in 2015-2020 was 254,787 hectares – equivalent to almost four times the size of Jakarta. These three companies have also been subject to sanctions and fines due to repeated forest and land fires. However, as recently as last year, fires were still occuring.
“The concessions of PT BMH, PT BAP and PT SBA Wood Industries are located in peat landscapes, which play a crucial role in carbon storage. The drainage and destruction of peatlands in these areas, which subsequently leads to out-of-control forest fires and haze, severely exacerbates the climate crisis. The increase in carbon emissions due to forest fires and haze also undermines emissions reduction efforts, jeopardizing the achievement of Indonesia’s climate targets,” said Greenpeace Indonesia Forest Campaigner, Belgis Habiba.
“Besides fueling prolonged agrarian conflicts, these three companies have caused severe ecological damage that disrupts the lives of South Sumatrans. It is time for the public to fight to show that they have sovereignty over their living spaces,” stressed the South Sumatra Regional KPA Coordinator, Untung Saputra, who is also a representative of the ISPA coalition.
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Photos and videos can be downloaded here:
Contacts:
- Ipan Widodo +62 811-798-931
- Untung Saputra +62 812-9277-6656
- Igor O’Neill, Greenpeace Indonesia – [email protected], +61 414 288 424
South Sumatra Smoke Suit Initiative (Inisiasi Sumatera Selatan Penggugat Asap – ISSPA):
Greenpeace Indonesia, Pantau Gambut, Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI), YLBHI-LBH Palembang, Indonesian Centre for Environmental Law (ICEL), Public Interest Lawyer Network (PIL-Net) Indonesia, Spora Institute, Perkumpulan Rawang, Perkumpulan Tanah Air, Dewan Pimpinan Wilayah Serikat Petani Indonesia Sumatera Selatan, Konsorsium Pembaruan Agraria (KPA) Wilayah Sumatera Selatan, Solidaritas Perempuan Palembang, Sarekat Hijau Indonesia Sumatera Selatan, Spektakel Klab, Kontra Visual, Diskomik, Himpunan Mahasiswa Pertanian Universitas Sriwijaya (Himasperta UNSRI), Aksi Kamisan Sriwijaya, Badan Eksekutif Mahasiswa Fakultas Hukum Universitas Sriwijaya (BEM FH UNSRI), Badan Eksekutif Mahasiswa Fakultas Ekonomi Universitas Sriwijaya (BEM FE UNSRI)
