KIARA: Water Conservation Area Targets 20 Million Ha Marginalizing Traditional Fishermen and Killing Local Wisdom

KIARA: Water Conservation Area Targets 20 Million Ha Marginalizing Traditional Fishermen and Killing Local Wisdom Jakarta, July 9th, 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

House of Representatives Ignore Citizens’ Constitutional Rights in Legislative Process that manufactured this Regulation

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 12th, 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 25th, 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  

House of Representatives Ignore Citizens’ Constitutional Rights in Legislative Process that manufactured this Regulation

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 12th, 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 25th, 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  

KIARA submits debt termination petition to President that urges support of conservation through local wisdom in the management of marine resources.

KIARA submits debt termination petition to President that urges support of conservation through local wisdom in the management of marine resources. Jakarta, 1st August 2013. People’s Coalition for Fisheries Justice (KIARA) handed a joint petition entitled ‘Preserve Marine Resources with Local Wisdom, not Debt/ Foreign Aid’ to the President via the Secretary of State of the Republic of Indonesia on Jl. No veteran. 17-18, Jakarta 10110. The petition was launched for 21 days (11th to 31st July 2013) through social media, and has gained the support of at least 123 organisations/ idividuals. The Ministry of Finance notes Indonesia debts reached Rp 2,036 trillion as of May 2013. Ironically, most of these debt funds were obtained through the marketing of Indonesia’s marine resources to international financial institutions, including coral reef conservation programs and the expansion of marine protected areas (MPAs). As already reported by the Centre for Data and Information at KIARA (May 2013): Firstly, in the period 2004-2011 the Coral Reef Rehabilitation and Management (COREMAP II) reached more than Rp1, 3 trillion worth of debt, most of it sourced from external debt sources such as the World Bank and Asian Development Bank (ADB). Secondly, the U.S. Government provides grant assistance to Indonesia worth USD 23 million or Rp 235.4 Billion. The grant plan is awarded over a four-year period, designed to aid the conservation area (USD 6 million) and to strengthen fisheries industrialisation (USD 17 million). Ironically, the implementation of coral reef conservation program actually proved unsuccessful and ineffective and leakage of funds has occurred according to a CPC report (CPC Report 2013). In one instance, a misappropriation of funds designated for COREMAP II amountinted to Rp11, 4 billion. This figure is based on CPC Examination Results collected during the period November-December 2012, which identifies the actual use of funds designated for COREMAP II. In addition, marine conservation practices also have a negative impact on traditional fishing communities. The Centre for Data and Information at KIARA (December 2012) found that at least 20 traditional fishermen have died or been declared lost at sea due to being shot by live ammunition from security forces in marine conservation area since 1980-2012. It has already been a proven failure, yet the government (read: Ministry of Maritime Affairs and Fisheries) wishes to implement project COREMAP III in the period 2014-2019, which would involve appropriating a further debt of U.S. $ 80 million from the World Bank and ADB. Furthermore, the establishment of MPAs is likely to trigger horizontal conflict. Given the facts mentioned above, KIARA has urged the President to: 1)      Cease to exploit foreign debt schemes in the administration of conservation programs for marine resources 2)      Provide full support to local initiatives that have been run for generations by 92 percent of fisherfolk and indigenous peoples, such as the Sasi in Maluku, Bapongka in Central Sulawesi, Panglima laot in Aceh, Awig-awig in Bali and Nusa Tenggara, and Mane’e in North Sulawesi.   For further information, please contact: Abdul Halim, Secretary General KIARA at +62 815 53100 259

Food imports flood in, Gita Wiryawan protects U.S. and W.T.O. cartel

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 9th 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 9th 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 9th 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 9th 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: President Must Fulfil and Ensure Children’s Rights to Freedom from Dangerous Work

KIARA: President Must Fulfil and Ensure Children’s Rights to Freedom from Dangerous Work Jakarta, July 4th, 2013. Food and Agriculture Organization (FAO) and the International Labour Organisation (ILO) have urged UN member states to provide maximum protection for children from hazardous work in the small-scale fisheries sector, both fishing and aquaculture. In Indonesia, there are at least 1.7 million children working in dangerous occupations, including fisheries, mining, quarrying, agriculture, domestic service, and the service industry (BPS, 2011). FAO and ILO mention 7  dangerous jobs carried out by children in the fisheries sector, namely (1) lifting or carrying heavy loads, (2) exploitation of children for the manufacture and repair of ships, involving work with hazardous materials, (3) the use of heavy equipment and dangerous materials, (3) the fish management process, often involving using a sharp knife or using toxic substances, (4) diving to excessive depths; (5) they are out at sea for hours on end without a life-jacket, (6) performing the curing of fish using unsafe ovens, and (7) the use of chemicals such as pesticides or disinfectants in aquaculture. The Government of Indonesia has ratified ILO Convention No. 182 concerning the Prohibition of and Immediate Action for the Elimination of the Worst Forms of Child Labour and ILO Convention No. 138 concerning the Minimum Age for Employment. Both conventions are then ratified into Law No. 1 of 2000 endorsing ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and Law No. 20, Year 1999, on the ratification of ILO Convention No. 138 concerning the Minimum Age for Admission to Employment. Following the development of the above actions, the Government of Indonesia has formulated a National Action Plan through Presidential Decree No. 59 of 2002 to remove the worst forms of child labour, including children who work in offshore fisheries. KIARA found the fact there are still many children who are forced to become workers in the fisheries sector. An example can be seen in the fishing village of Marunda Kepu, Cilincing District, North Jakarta. Every day, at least 10 children work peeling green mussels for 5 hours and produce 2-3kg of peeled mussels per day. Wages they receive Rp 2,500 per kilogram. Ironically, they use sharp knives and must peel the green mussels when they are still hot following the boiling process. In 2003, the Indonesian Government issued Law No. 23 of 2003 on Child Protection. The law requires the State to protect children regardless of religion, race / ethnicity, gender, culture, and language and physical/ mental condition. On the basis of what is stated above, KIARA urges President SBY to:
  1. Execute the mandate of Law Number 23 of 2003 on Protection of Children and periodically check the situation on the ground so that the basic rights children of Indonesia can be met, such as the right to free and quality basic education, and to be free from hazardous work.
  2. Evaluate the performance of the Minister of Marine Areas and Fisheries in addressing the main impacts of children engaging in hazardous work, including poverty due to the development of unfavourable policies, such as reclamation which has displaced traditional fishing areas and fishing residences, as well as limiting access to and control of food source offered by fisheries.
  3. Guarantee social protection for families of fishermen, through measures such as capital to go to sea, healthcare, and other basic rights. ***
For further information, please contact: Susan Herawati, Planning and Evaluation Coordinator KIARA at +62 838 76 438 438 Abdul Halim, Secretary KIARA at +62 815 53100 259

KIARA: Slack on Fish Theft, the President Must Reprimand Minister of Maritime Affairs and Fisheries

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

Reclamation a Form of Discrimination by SBY’s Government against Traditional Fishing Communities

Reclamation a Form of Discrimination by SBY’s Government against Traditional Fishing Communities Jakarta, June 14th, 2013. Discrimination against fishing communities is increasing due to the development process which is increasingly depriving local areas. It is conveyed by the UN Human Rights Council through Resolution No. A/HRC/19/75 about “Farmers’ and other Rural Communities or Labourers’ Right to Progress”. KIARA Data and Information Center (June 2013) found that the coastal areas and small islands reclamation project is being run in 22 districts / cities in Indonesia. At least 18,151 households in 8 traditional fishing areas have been displaced due to the carving up of coastal areas and commercialization through reclamation (see Table 1). Table 1. Total Displaced Fishermen in Coastal Reclamation Areas
Reclamation District No. of Displaced Fishermen (households)
1 Jakarta Bay 7,000
2 Beach Marina, Semarang 1,370
3 Balikpapan Bay 1,800
4 Manado, North Sulawesi, 1,500
5 Bay of Palu, Central Sulawesi 500
6 Kenjeran Beach, Surabaya 600
7 Losari Beach, Makassar 4,690
Source: KIARA Data and Information Center (June 2013) Selamet Daroyni, Coordinator of Education and Network Strengthening at KIARA said that, “Coastal reclamation is a form of exclusion of traditional fishing communities. This practice is a violation of human rights by the State. Not to mention the impact on coastal and marine ecosystems, including: (1) changes in sedimentation patterns due to changes in the coastline, hydrology and potential intensity of reclamation activities at the site, and (2) mangrove ecosystems (both on the coastline that was reclaimed and in the surrounding area) will be destroyed to the extent that their ecological function as protection for coastal areas, filtering of sediment and as a location for growth and shelter for fish will be lost. Similarly, the circulation in the ‘reservoir’ is very weak, thus resulting in the problem of eutrophication as the supply of organic matter from rivers is blocked because of the presence of reclamation”. In addition, the Decree of the President of the Republic of Indonesia No. 122 of 2012 on Reclamation in Coastal Areas and Small Islands is clearly contrary to the Constitutional Court Decision No. 3/PUU-VIII/2010 on Testing Act No. 27 of 2007 on the Management of Coastal Areas and Small Islands, an act which contradicted the 1945 ban on the practice of sectioning off and commercializing coastal areas and small islands. With the hope that traditional fishermen’s lives can be without impoverishment and discrimination, KIARA urges the president to abide by the Constitutional Court’s decision to evaluate regulation and other related regulations, as well as to harmonize policies and management of coastal areas and small islands in order to fulfill and protect the livelihood of traditional fisher folk. *** For further information, please contact: Selamet Daroyni, Coordinator of the Division of Education and Network Strengthening at +62 821 1068 3102

RUU Pesisir Mendesak Dibenahi

KELAUTAN

RUU Pesisir Mendesak Dibenahi

JAKARTA, KOMPAS – Rancangan revisi undang-undang Nomor 27 tahun 2007 tentang Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil dinilai mengandung sejumlah kejanggalan yang memicu kriminalisasi terhadap nelayan dan masyarakat adat. Sejumlah pembenahan diperlukan agar revisi undang-undang tidak memukul rasa keadilan rakyat. Hal itu terungkap dalam rapat dengar pendapat umum komisi IV Dewan Perwakilan Rakyat (DPR) dengan delapan organisasi kemasyarakatan dan lembaga swadaya masyarakat. Mereka membahas rancangan revisi undang-undang (UU) No 27/2007, di Jakarta, senin (16/9). Delapan organisasi itu yakni Koalisi Rakyat untuk Keadilan Perikanan (Kiara), Wahana Lingkungan Hidup (Walhi), Pusat Kajian Pembangunan Kelautan dan Peradaban Maritim, Indonesian Human Rights Committee for Social Justice (IHCS), Konsorsium Pembaruan Agraria (KPA), Aliansi Masyarakat Adat Nusantara, Himpunan Nelayan Seluruh Indonesia, dan Lembaga Kelautan dan Perikanan Indonesia (LKPI). Sekretaris Jenderal Kiara, Abdul Halim, mengungkapkan bahwa terjadi aturan yang tumpang tindih dalam revisi RUU No 27/2007, yakni antara pasal 18 dengan pasal 23 ayat (4). Pada pasal 18 disebutkan, pemberian izin lokasi dan izin pemanfaatan sumber daya perairan pesisir diberikan kepada orang perseorangan warga Negara Indonesia atau badan hukum yang didirikan berdasarkan hukum Indonesia. Akan tetapi, dalam pasal 23 ayat (4), pemerintah membuka peluang orang asing untuk pemanfaatan pulau-pulau kecil dan perairan di sekitarnya. “Pemanfaatan pulau-pulau kecil dan pemanfaatan perairan di sekitarnya oleh orang asing akan memukul keadilan masyarakat local dan menggerus hak masyarakat adat dalam pengelolaan sumber daya perairan dan pesisir,” ujar Halim. Tumpang tindih juga berpotensi terjadi pada undang-undang lain yang terkait pengelolaan perairan dan pulau-pulau kecil, yakni UU No 4/2009 tentang Pertambangan Mineral dan Batubara, UU No 41/1999 tentang Kehutanan, dan UU No 5/1960 tentang Pokok-pokok Agraria. Selain tumpang tindih kebijakan, ujar Halim, revisi UU No 27/2007 juga memunculkan potensi kriminalisasi terhadap masyarakat adat dan nelayan yang telah menetap secara turun-temurun di perairan dan pesisir. Kriminalisasi itu antara lain tercermin dari ketentuan bahwa setiap pemanfaatan perairan pesisir wajib memiliki izin lokasi (pasal 16 ayat(1)) . pasal 71 ayat (1) menyebutkan, pemanfaatan sumber daya perairan pesisir yang tidak sesuai dengan izin lokasi yang diberikan sebagai mana dimaksud dalam pasal 16 ayat (1), dikenai sanksi administratif. Selain itu, terdapat ketentuan bahwa izin pemanfaatan ruang perairan pesisir dan izin pengusahaan perairan pesisir bisa dikeluarkan jika ada persetujuan masyarakat. Akan tetapi, tidak dijelaskan seperti apa mekanisme persetujuan masyarakat. “faktanya, masyarakat lokal disekitar lokasi usaha kerap disalahkan karena menghambat usaha dan investasi di suatu wilayah,” ujarnya. Anggota Komisi IV DPR dari Fraksi Partai Golkar Siswono Yudo Husodo mengemukakan, ketentuan mengenai pemberian izin kepada asing untuk mengelola sumber daya perairan dan pesisir membuka celah bagi penjajahan bentuk baru. “Sumber daya perairan dan pesisir harus dimanfaatkan untuk sebesar-besarnya kemakmuran rakyat. Begitu Indonesia membuka lebar izin kepada asing, maka pulau-pulau kita akan habis. Apa bedanya dengan penjajahan,” ujar Siswono. Siswono berjanji akan mengawal agar revisi UU No 27/2007 yang diusulkan pemerintah mengarah pada tujuan pembangunan masyarakat, kelestarian sumber daya, dan ekologi.(LKT) Sumber : Kompas, Selasa, 17 September 2013 hal. 19

REVISI UU PESISIR, Laut Jangan Dikapling

REVISI UU PESISIR Laut Jangan Dikapling

JAKARTA, KOMPAS – Pemerintah dan Dewan Perwakilan Rakyat diminta untuk tidak mengulangi kesalahan, yakni membuka pengaplingan laut dalam revisi Undang-Undang Nomor 27 Tahun 2007 tentang pengelolaan Wilayah Pesisir dan Pulau-Pulau kecil. Privatisasi oleh dunia usaha lokal dan asing dikhawatirkan memarjinalkan masyarakat adat dalam pengelolaan sumber daya perairan dan pesisir. Hal itu dikemukakan Kepala Riset Pusat Kajian Pembangunan Kelautan dan Peradaban Maritime Suhana serta Sekretari Jenderal Koalisi Rakyat untuk Keadilan Perikanan Abdul Halim, secara terpisah, di Jakarta, Minggu (15/9). Pada hari Senin ini, Komisi IV DPR dijadwalkan menggelar rapat dengar pendapat umum dengan mengundang Kementrian Kelautan dan Perikanan serta kalangan masyarakat untuk membahas rancangan revisi Undang-Undang (UU) No 27 Tahun 2007. Suhana mengingatkan Panitia Khusus Komisi IV DPR tentang revisi UU No 27/2007 merupakan kelanjutan dari dibatalkannya tentang pengusahaan perairan pesisir (HP3) dalam undang-undang tersebut oleh Mahkamah Konstitusi (MK). Pembatalan itu karena aturan HP3, yang memberikan peluang bagi privatisasi sumber daya pesisir, dinilai MK mengakibatkan pengaplingan wilayah perairan dan hilangnya hak-hak masyarakat adat/tradisional yang bersifat turun-temurun. Abdul Halim mengemukakan, RUU No 27/2007 masih memiliki semangat pengaplingan dan komersialisasi wilayah perairan dan pesisir, serta mengkriminalissi nelayan dan masyarakat adat. Anggota Komisi IV DPR dari Fraksi PKS, Nabil Al-Musawwa, mengingatkan pemerintah tidak mengulang regulasi yang membuka liberalisasi pesisir. (LKT) Sumber: Kompas, Senin 16 September 2013