Archive for date: September 17th, 2013

KIARA: Water Conservation Area Targets 20 Million Ha Marginalizing Traditional Fishermen and Killing Local Wisdom Jakarta, July 9^th, 2013. People’s Coalition for Fisheries Justice (KIARA) have assessed the targeted  expansion of marine reserves covering 20 million hectares in 2020 that disregards the active participation of fisher folk and indigenous peoples, as well as burying local wisdom which has been passed on  for generations in Indonesia. Sustainable management of marine resources has been applied since the 16th century by the indigenous peoples scattered across coastal areas and small islands in Indonesia. KIARA noted such management measures amongst the Sasi in Maluku, the Bapongka in Central Sulawesi, the Awig awig in Bali and West Nusa Tenggara, and the Ola Nua in East Nusa Tenggara. The management model is conducted independently (without being ordered to by outsiders) with the active participation of all members of society. The process does not require the creation of debt to raise funds. Traditional fishing communities realize that the conservation and sustainability of fishery resources is a prerequisite for the realization of a prosperous and fair life. Moreover, they realise the magnitude of the benefits for their lives that marine resources offer. This is a stark contrast to the water conservation that the government has arbitrarily implemented solely motivated to obtain foreign loans and a positive image at the international level. KIARA Data and Information Centre (June 2013) found that foreign funded conservation projects in Indonesian seas included: (1) In the period 2004-2011, Program Coral Reef Rehabilitation and Management (COREMAP II) reaching more than Rp1, 3 trillion largely sourced from the World Bank’s foreign debt scheme and the Asian Development Bank (ADB), (2) U.S. Government through USAID agencies providing aid through grants to Indonesia worth USD 23 million. The plan sees grants awarded over a four-year period for the conservation area (worth USD 6 million) and for strengthening fisheries industrialisation (worth USD 17 million). In practice, this coral reef conservation program actually failed / was not effective and there were incidence where a leakage of funds had occurred, based on CPC Report 2013. Having been proven as a failure, CTF instead want to continue the project COREMAP III for the period 2014-2019 by adding a new conservation debt of U.S. $ 80 million from the World Bank and ADB. Furthermore, the establishment of marine protected areas also triggers horizontal conflicts. Even more ironic, the government unilaterally changed the Batang Regency Decree No. 523/283/2005 dated December 15, 2005, reducing the Regional Marine Conservation Area (KKLD) Ujungnegoro-Roban in the coastal area of Batang, from an area covering 8639.75 ha to 4015.2 ha through Batang Regency Decree No. 523/194/2012, determined by the Minister of Marine and Fisheries in Decree No. KEP.29/MEN/2012. KIARA found that in fact at the KKLD beach area, the reduction of Ujungnegoro-Roban MP3EI infrastructure investments was due to ulterior motives, namely the construction of a 2,000 MW power plant, meaning the water conservation area of ​​4.624.55 Ha was  no longer a protected zone. The policy change was not for the benefit of the people of Indonesia. Therefore, KIARA urges the President to evaluate marine conservation projects that have proved to be a financial burden on the State, a failure, and which have led to the castration of the rights of indigenous peoples and communities, and further urges that the government should promote the management of marine resources in accordance with the existing local knowledge. For further information, please contact: Abdul Halim, Secretary-General KIARA at +62 815 53100 259 Ahmad Hadiwinata Martin, Coordinator of Legal and Policy Advocacy Division KIARA at +62812860 30 453 Sutiamah, Alasroban Women’s Fisher Group, Batang, Central Java at +62812847 33 339

Planned Amendments to Act No. 27 of 2007 on the PWP-KDP House of Representatives Ignore Citizens’ Constitutional Rights in Legislative Process that manufactured this Regulation Jakarta, July 12^th, 2013. Not even two years after the Constitutional Court’s decision to act in favour of judicial review 27 fishermen and 9 NGOs to Law No. 27 Year 2007 on the Management of Coastal Areas and Small Islands (PWP-CO), the Government is preparing a new scheme to legalize the carving up of coastal and marine areas. The lack of active participation of traditional fishing communities and indigenous peoples, who are scattered across coastal areas and small islands, means there is big potential to repeat the mistakes of drafting the initial legislation, causing the country financial harm, and triggering horizontal conflicts. As known, Constitutional Court Decision No. 3/PUU-VIII/2010 regarding the material composed by KIARA and 8 civil society organizations together with 27 Traditional Fishermen was read out on June 16, 2011 with two important parts, the first annulled all articles in Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands associated with Coastal Water Concessions (HP-3)​​; and second, the Court conducted an assessment of Article 14 paragraph (1) of Law No.. 27 of 2007 on the Management of Coastal Areas and Small Islands governing public participation in the preparation of RSWP-3-K, RZWP-3K, RPWP-3-K, and RAPEP-3-K, and concluded that it was contrary to the 1945 Constitution. The Government, through the Ministry of Maritime Affairs and Fisheries, has initiated a revision of Law No. 27 Year 2007 on PWP-KDP. In the proposed draft, there are no fundamental changes of any substance that would put the draft in line with the decision of the Constitutional Court and it’s proposed amendments to the Act. Through a plenary meeting on June 25^th, 2013, the House of Representatives has approved the establishment of the Special Committee Draft Law (RUU) Amendment Act No. 27 of 2007 on the PWP-KDP. The process of the formation of the Special Committee was not explained openly to the public, mainly because the amendment of the act has been a priority rather than other laws that traditional fishermen and coastal and small island dwellers need to a greater extent, such as the law on Protection and Empowerment of Traditional Fishermen. There is a tendency in the House of Representatives to shut down discussions regarding revision of acts relating to the interests of traditional fishermen, coastal communities and small islands. KIARA’s request to conduct hearings in order to seek clarification and give feedback on the planned revision of Law No. 27 Year 2007 on PWP-CO did not get a response from Parliament’s Legislative Body. To this date, KIARA has filed a two formal letters to request a legal audience with the Chairman of the House of Representatives, which were dated June 3, 2013 and July 4, 2013. KIARA deplores the attitude of the House of Representatives, as under Article 96 of Law No. 12 Year 2001 on the Establishment Regulation Legislation, it states that the public has a right to provide input in oral and / or written forms in any establishment of legislation. Neglect of the constitution supporting citizen consultation initiatives and input is unlawful. In addition, KIARA also urges the Chairman of the House of Representatives to not rush the discussion of the plan to change the Law No. 27 Year 2007 on the PWP-KDP draft legislation, in order that mistakes are not repeated and continue to cause impacts to the detriment of the interests of the main stakeholders, namely the traditional fishermen and people living in Indonesia’s coastal and small island areas. For further information, please contact: Abdul Halim, Secretary KIARA at +62 815 53100 259  

Food imports flood in, Gita Wiryawan protects U.S. and W.T.O. cartel Jakarta, July 4, 2013. A series of mega scandals and losses throughout the country in the first half of 2013, have not been enough to make the Minister of Trade, Gita Wiryawan , repeal the facilitation of food imports. This indicates he is more afraid of facing a lawsuit against the United States and the WTO, rather than protecting farmers, fishermen, cultivators, and livestock herders of Indonesia, both men and women. Earlier, in January 2013 the Government of the United States sued the Government of Indonesia with under the WTO’s Dispute Settlement Mechanism because the Minister of Agriculture issued Regulation No. 60 Year 2012 on the recommendation of the Import and Trade of Horticultural Products Regulation No. 60 Year 2012, about the import of horticultural products which are considered overly protective regarding entry of horticultural products. In fact, this restriction on horticulture was issued after Indonesia was invaded by a variety of cheap agricultural commodities, mainly horticultural products like garlic and potatoes from America, Australia, Canada, and China through the full implementation of the Asean-China Free Trade Agreement (ACFTA) which hit small farmers hard and affected the food security of the Indonesian people. Similarly, the Indonesian government also faced allegations of subsidizing shrimp production from the Coalition of Gulf Shrimp Industries through the U.S. Department of Commerce. The petition titled “Petition for the Imposition of Countervailing Duties on Certain Frozen Freshwater Shrimp from the People’s Republic of China, Ecuador, India, Indonesia, Malaysia, Thailand and the Socialist Republic of Vietnam”, dated December 28, 2012, accused the Government of Indonesia of providing a package of subsidies to small scale shrimp businesses in Indonesia, including outrageously accusing the government of providing subsidies to small-scale farmers. In fact, it had become imperative to ensure access to state protection and implement an empowerment program for small-scale producers like farmers, fishermen, gardeners, livestock herders and others, both men and women. In response to the US law suit, Minister Gita, rather than hold out for the welfare of small farmers, instead revised the terms of the horticultural import restriction through Decree No. 16, 2013, to impose import licensing arrangements in order to facilitate the flow of entry of imported goods, reducing commodity and postal tariffs and quotas. This context is also to be promoted by the Ministry of Trade during the 9^th WTO Ministerial Conference (WTO KTM), in Bali, in December. This is also characterized by the reluctance of RI to support the proposal ofG33 members in negotiating with the WTO. All 46 members of the G33 countries are currently urging the abolition of restrictions on subsidies for food stocks in their countries in order to protect smalldomestic farmers. But the opposite happened with the Indonesian government in this case, as the Ministry of Commerce said it would try to bridge the polarization of the United States in a meeting with members of the G33 at the 9^th WTO Ministerial Conference in Bali. This option reflects the attitude of the Indonesian government, showing that it is not acting in favour of its people. On this occasion, GERAK LAWAN calls for:

1. All the Indonesian people, especially farmers, fishermen, and small scale traders, workers, including migrant workers, and women to be engaged actively in order to make corrections to various trade liberalization policies by providing an alternative based on the constitution of RI and resisting the implementation of the policies proposed for the 9^th WTO KTM to be held in December 2013 in Bali.
2. Leadership of the entire House of Representatives and other State Agencies, to urge the government to cancel the implementation of policies proposed by the WTO for the 9^th KTM in Bali.
3. President Susilo Bambang Yudhoyono and Minister Gita Wiryawan to immediately shut the faucet of imports of food products, including horticulture, meat, and fish as a form of support to Indonesian farmers, fishermen, planters and livestock herders by extending provisions and adding new types of commodity tariffs to Regulation No. 60 Year 2012 on the Import of Horticultural Products.
4. President Suslio Bambang Yudhoyono and Minister Gita Wiryawan to ensure the stabilization of food prices ahead of Ramadan, and Eid al-Fitr.
5. Susilo Bambang Yudhoyono’s government to carry out agrarian reform and adopt an agro-ecological farming model to support the realization of food sovereignty and environmental sustainability.

People’s Movement against Neo-colonialism and Imperialism (GERAK LAWAN) Indonesia for Global Justice (IGJ) – Bina Desa – Serikat Petani Indonesia (SPI) – Solidaritas Perempuan (SP) – Aliansi Petani Indonesia (API) – Indonesian Human Right Committee for Social Justice (IHCS) – Komisi untuk Orang Hilang dan Korban Kekerasan (KONTRAS) – Climate Society Forum (CSF) – Koalisi Anti Utang (KAU) – Koalisi Rakyat untuk Keadilan Perikanan (KIARA) – Institut Hijau Indonesia (IHI) – Lingkar Madani untuk Indonesia (LIMA) – Jaringan Advokasi Tambang (JATAM) – Aliansi Jurnalis Independen (AJI Jakarta) – Front Perjuangan Pemuda Indonesia (FPPI) – Lingkar Studi-Aksi untuk Demokrasi Indonesia (LS-ADI) – Serikat Nelayan Indonesia (SNI) – Kesatuan Nelayan Tradisional Indonesia (KNTI) – Serikat Buruh Indonesia (SBI) – Asosiasi Pendamping Perempuan Usaha Kecil (ASPPUK) – Perhimpunan Bantuan Hukum dan Hak Asasi Manusia Indonesia (PBHI) – Universitas Al-Azhar Indonesia (Dosen Hubungan Internasional) – Asosiasi Ekonomi-Politik Indonesia (AEPI) – Koalisi Rakyat untuk Hak Atas Air (KRuHA) – Aliansi Pemuda Pekerja Indonesia (APPI) – Migrant Care

KIARA: Slack on Fish Theft, the President Must Reprimand Minister of Maritime Affairs and Fisheries Jakarta, June 7, 2013. Illegal, unregulated, and unreported (IUU) fishing practices have become a concern for many countries, including Indonesia. Throughout the year 2013, at least 39 foreign vessels entered Indonesian waters and fished illegally. KIARA Data and Information Center (June 2013) found that these vessels were from Malaysia, China, Philippines, Korea, Thailand, Vietnam, and Myanmar. This practice is clearly detrimental to the state in terms of preserving the marine ecosystem and sustainability if fisheries as a food source. The practice of illegal fishing in Indonesian waters increases year upon year. Between 2011 and 2013, there were 6,215 cases of illegal fishing (see Table 1). Of that amount, 60 percent or 3,782 cases occurred since November 2012. Ironically, the Minister of Maritime Affairs and Fisheries passed rules that allowed transshipment. It is stated in Article 69 paragraph 3 of the Regulation of the Minister of Marine Affairs and Fisheries Law No. 30 of 2012 on the Fisheries Industry, “(3) In the exercise of transshipment, fish landed at ports shall conform to SIPI or SIKPI and shall not be taken out of the country, except for fishing vessels using purse seine fishing gear measuring over 1000 (one thousand) GT which are operated singly “. Table 1. Figures for theft of fish in Indonesian Waters

No	Year	Number of cases
1	2001	155
2	2002	210
3	2003	522
4	2004	200
5	2005	174
6	2006	216
7	2007	184
8	2008	243
9	2009	203
10	2010	183
11	2011	104
12	2012	3.782
13	2013 (Mei 2013)	39
	TOTAL	6.215

Source: KIARA Data and Information Centre (2012)   In addition to conflicts with Law No. 31 of 2004 in conjunction with Law No. 45 of 2009 on Fisheries, it is contrary to the rules of the Decree of the Minister of Marine Affairs and Fisheries of the Republic of Indonesia No. KEP.50/MEN/2012 on the National Action Plan for Prevention and Control of Illegal, Unreported, and Unregulated Fishing 2012-2016, namely: (1) removal of the catch in the middle of the ocean or sea transshipment without being recorded / reported to the authorities; (2) failure to report catch in order to avoid payment of fees; (3) fishing vessels and fish transport vessels failing to report to the harbor to have the appropriate permissions granted, and (4) direct transfer of fish to foreign nation. The fourth point underlines how counterproductive the transshipment clause is in relation to efforts to counter fish theft. Furthermore, cooperation forged by the Ministry of Maritime Affairs and Fisheries (MMAF) with the FAO in addressing IUU fishing practices would not be useful if the State actually loosened the rules on fishing. Given the lack of state capacity to monitor marine resources and fisheries, KIARA urges the President to reprimand the Minister of Maritime Affairs and Fisheries and to revise regulations that could potentially harm the State and communities, as well as interfere with the availability of food from fisheries in the country. *** For further information, please contact: Abdul Halim, Secretary KIARA at +62 815 53100 259