December 12, 2024 . Greenpeace/Mushaful Imam.
Palembang, December 12, 2024 – A legal battle over South Sumatra’s perennial peatland fire haze began in earnest today as the Palembang District Court held the first substantive hearing of a lawsuit initiated by eleven affected residents, in which they seek accountability for smoke haze and other environmental impacts arising from the operations of pulpwood companies Bumi Mekar Hijau, Bumi Andalas Permai, and Sebangun Bumi Andalas Wood Industries – three timber suppliers under the control of Asia Pulp and Paper (part of the Sinar Mas Group).
Ipan Widodo, a lawyer from Palembang Legal Aid Foundation, acting for the plaintiffs, said: “All three companies named in this environmental damages suit failed to respond to the Palembang District Court’s summons for the first and second hearings. At the third court hearing, only one defendant, PT Bumi Mekar Hijau, attended. The parties then underwent a 30-day court-ordered mediation process. However, the defendants did not respond to the plaintiffs’ summary of claim, meaning the case will progress to formal hearings and these brave residents will soon get their day in court.”
During the hearing, lawyers for the plaintiffs presented claims for material damages arising from the smoke haze, in the order of between IDR 200,000 to IDR 200,000,000 (USD 12 – 12,000) along with immaterial damages of IDR 10b per plaintiff (USD 626,000) including for emotional damages and loss of the right to a healthy environment.
Following today’s hearing Greenpeace Indonesia made an application to intervene as an interested party concerned about the environment and in solidarity with the haze victims’ efforts for justice.
Kiki Taufik, Global Head of Greenpeace Indonesia’s Forest Campaign said: “Through an intervention, we aim to emphasise the urgent need for justice for victims of peatland fires. These three corporations have harmed the health of communities and the nation, triggered environmental destruction and exacerbated the climate crisis through massive carbon emissions. The court must hold them accountable – not only to compensate the victims but also to restore our shared environment that they have damaged through clearing forests and draining peatlands,” said, Global Head of Forest Campaign for Indonesia at Greenpeace.
The pulp and paper concessions run by PT Bumi Mekar Hijau (BMH), PT Bumi Andalas Permai (BAP), and PT Sebangun Bumi Andalas Wood Industries (SBA Wood Industries) are located within the Sugihan River-Lumpur River peat landscape. Forest clearing and peatland draining to convert the landscape into plantations for the pulp and paper industry damages biodiversity and releases the peat’s massive carbon reserves that were accumulated over many thousands of years, making a substantial contribution to global warming.
This land conversion for monoculture acacia plantations destroys natural ecosystems through species loss and because companies must first drain the peatlands to grow acacia, leaving them in an unnatural, highly flammable condition. Between 2001 and 2020, burned areas in the three corporations’ concessions spanned 473,000 hectares – 92% of the total burned area within the Sugihan River-Lumpur River peat landscape. Of this, about half burned between 2015 and 2020. Furthermore 175,000 hectares of the area was hit by fires recurring in the same place, compounding damage and illustrating corporate negligence.
Greenpeace Indonesia’s research findings indicate that the business activities of PT BMH, PT BAP, and PT SBA Wood Industries are a significant source of dangerous air pollution. Beyond their impact on public health, these companies’ activities and the haze from their concessions substantially contribute to the climate crisis. “Carbon emissions from this peatland drainage, these fires and the resulting haze clearly hinder emission reduction efforts and jeopardize Indonesia’s climate targets,” Kiki added.
As the litigation gets underway, support for the smoke haze victims has poured in from South Sumatran community groups. After today’s hearing, dozens of students and community members from South Sumatra displayed a banner outside the courthouse with the message “Belum Merdeka dari Asap” (Still Not Free From Haze).
Kartika Lestari from local NGO Komunitas Rawang, another lawyer for the plaintiffs, said: “Support from all these parties is incredibly meaningful for we, the people of South Sumatra fighting against the haze, and especially for the plaintiffs. Young people’s solidarity, on show today, proves that the fight against haze from forest and peatland fires is a fight for their future.”
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Notes to editors
[1] PT BMH, PT BAP, and PT SBA Wood Industries are listed as part of the APP Business Group in documents submitted during the company’s application to re-associate with the Forest Stewardship Council (FSC).
[2] Photos and videos are available for download.
Contacts
Igor O’Neill, Greenpeace Indonesia – [email protected], +61 414 288 424
Ipan Widodo, Lembaga Bantuan Hukum Palembang, +62 811-798-931
Press release from 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)
