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The history of the land dispute in the site of RAPP factories - Delik, Sering and Kerinci villages The land dispute in the site of PT RAPP factories originates from the time before RAPP was established. The present pulp mill site with its surroundings has been ancestral land of communities of Delik, Kerinci and Sering (see Appendix 1). In 1992 the area was partially included in the concession of PT Inti Indo Sawit, an oil palm company and a sister company of PT RAPP. Indo Sawit then started to clear and plant the area without consultation with local communities. In 1994 RAPP took over the lands used by Indo Sawit as well as some other areas (land utilization right HGB no 2, dated 18 Dec 1994, about 2000 hectares), and began to construct its factories and other infrastructure in the area. Local communities never agreed with the decisions as they regard the area their customary land (tanah ulayat). Representatives of the families involved, altogether 439 in 1997, have since protested against the land deprivation. Negotiations with local communities and RAPP got stucked in -95, after two years of negotiations. RAPP's offer to communities then was to pay very low compensations for their land (100 000 rp/ha). Most of the communities disapproved the deal. The construction of pulp mill area and roads has constantly continued despite the protests. Representatives of communities have several times appealed to KOMNAS HAM, which has pressured local government officials to solve the issue. This land dispute has also politicized somewhat, as land disputes in Riau tend to do. The land dispute escalated during 1997. RAPP began to build an access road through community land. RAPP was willing to pay compensation only from the land directly left under the road. In May representatives of communities involved in land dispute stated that they do not approve the construction of the road before the loss of the whole area of 1730 ha was compensated properly. As the construction went on, locals decided to try to block the construction. In the end of June RAPP invited military to guard the construction, and locals were forced to leave the site. Locals blocked the construction site again in the beginning of September. RAPP decided to continue constructing the road despite the very dense situation the 8th of October. Locals obstructed the construction, and RAPP called police to disperse their blockade. In the evening of that day mobile police brigade (BRIMOB) dispersed the blockade by using tear gas and violence. Two people were hospitalised because of police violence and tens of people suffered eye damage because of tear gas. Provoked by the violence and RAPP's role in them a group of locals nearly lynched a field supervisor of RAPP two days later. Some RAPP property was set on fire in the same incident before police attacked the crowd. As a result of these incidents few community leaders were arrested. One of them, Marganti Manalu, is still sitting in prison. The construction of the access road has went on after the incidents in October 1997. Pressure against RAPP to solve the compensation issue intensified after the incident. As a result of pressure new negotiations were launched in spring and summer 1998. In July and August negotiations were slowly going to a more positive direction from the point of view of the locals involved, and they were feeling more optimistic. During the land dispute, villagers of Delik, Kerinci and Sering reported that RAPP has been using military or police, bribes and lawsuits to control and threaten the local communities. RAPP has sponsored police forces with machinery and bribed and threatened some families to accept their terms. One example of using money to dissipate communities fighting RAPP is the case of Yussuf. He was one of the representatives of one community in the dispute area. In the beginning of year '98 he still gave some statements where he criticised RAPP. Few weeks after these statements RAPP and its Finnish ally UPM-Kymmene represented a letter, where Yussuf stated that he as a representative of communities was perfectly happy with actions of RAPP in the issue. Other villagers were furious after this and announced that Yussuf has no right to represent them in anything. Yussuf has since left his village and is posing in RAPP's own magazine with RAPP stuff. Actions of RAPP and its mother company APRIL elsewhere support the accusations that RAPP has intimidated local communities and intentionally used force against them. One example is another land dispute in the concession area of RAPP (sector Cerenti), where one man was even stabbed to death by RAPP security guards in July '98 when demonstrating against RAPP. RAPP denies that it has anything to do with the killing. It also claims that it is the legal owner of the about 2000 ha of village lands in that part of the concession area, and thus is not obliged to hand the land back to villagers as they have demanded. According to information from the company itself about quarter of its concession area of 160 000 ha is under land claims from local communities. Marganti Manalu - political columnist put to jail The society of the villages of Delik, Kerinci and Sering chose Marganti Manalu to officially represent them in the land dispute issue against RAPP. Manalu, a lawyer from his background, has worked for many years in Riau in land issues supporting local communities in struggles against companies. He describes himself as a social worker. He established an organisation working in social issues for few years ago, but Manalu was banned to develop the organisation by local government. Manalu has not received any funds and is not going to receive them from the local community according to himself and the villagers. There is apparently some documentation on the issue as an answer to rumours that Manalu will be a rich man if he wins the case. The arrest of Manalu originates officially to the end of 1997 when the land dispute caused by road building by RAPP escalated so that locals decided to build road blocks. When the security forces were called to disperse the demonstration, Manalu was in the area, according to him to "avoid misunderstandings among the villagers". As a result, he was prosecuted in the local court by public prosecutor of sabotage and agitation against RAPP. He was then captured by police few months later (more detailed info about the arrest in Appendix 2). At the moment he is waiting for the decision of the supreme court about the case. He was sentenced in lower courts for 3 years in prison. Manalu denies that he has destroyed any property of RAPP or public facilities or agitated anyone to do that. He does not accept the grounds of his sentences in lower courts. He claims that there are additionally some procedural faults related to his arrest (Appendix 2) and has therefore appealed to supreme court that he should be freed immediately. Connections between RAPP and local government as well as local government and courts are very tight according to Manalu, villagers and government critics. For example many managers of RAPP are known to be former ABRI officers. Thus these instances have same interests. In the case of Manalu it is in the interest of both RAPP and the government who has "handed over" the lands to the company that Manalu will remain silent. Manalu is also a political columnist (writing mainly to Medan Post), who has criticised present government heavily. So conclusion by critics of the government and Manalu himself is that Manalu is sitting in jail because of what he has done in land disputes including of course the Delik case (working often against companies and local government that is supporting them) and because of his criticism to local government. Using juridical system to keep him silent is easy as it is by no means independent from the government and companies, something described by Manalu as "a mafia inside the court system". Manalu is not allowed to use a typewriter in the prison although he is a columnist. There is no official regulations over the issue, but the manager of the prison states that he does not allow the typewriter because metal objects, such as typewriters, could be used to harm other prisoners and are therefore banned inside the prison. Manalu has had also difficulties meeting his family especially after he last time appealed to supreme court.
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