Yangon Conference on Human Rights and Agribusiness

Large-scale agribusiness (particularly monoculture plantations such as oil palm and sugarcane) causes widespread human rights violations and environmental degradation in Southeast Asia. This pervasive industry was the focus of a workshop held from 4-6 November 2014 in Yangon, Myanmar, which was convened by the Myanmar National Human Rights Commission, with the support of the Forest Peoples Programme, RECOFTC-The Center for People and Forests, and the Rights and Resources Initiative.

With 65 participants from the South East Asian National Human Rights Institutions Forum (SEANF) and supporting civil society organisations, including from Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, and Thailand, the workshop addressed interlinked issues such as extraterritorial investments, migrant labour and human trafficking, and food security, and illustrated the range of experiences and modalities of each National Human Rights Institution. In addition to series of panel presentations, the workshop featured engaging break-out groups on transitioning from voluntary to binding standards for transnational and other companies, and on improving, scaling up and innovating upon conflict resolution mechanisms at various levels. On the final day, participants adopted by consensus the Yangon Statement on Human Rights and Agribusiness in Southeast Asia, which calls for (among other things) strengthened regional cooperation with the Association of South Eas Asian Nations (ASEAN) Inter-governmental Commission on Human Rights, establishment of an ASEAN Human Rights Court and effective national-level complaints and redress mechanisms, and active coordination with certification bodies such as the Roundtable on Sustainable Palm Oil.

Reviewing RSPO's Complaints System

The Roundtable on Sustainable Palm Oil (RSPO) has had a complaints or grievance mechanism for the past several years to allow for social and environmental issues and concerns with the RSPO system itself to be raised and resolved through an institutionalised procedure. This complaints mechanism has been adapted alongside the organisation's Principles and Criteria, but it faces a growing number of critiques from communities, NGOs and companies alike and calls for widespread improvement. Since April 2014, Natural Justice has been undertaking a review of RSPO's complaints system along with BC Initiative Sdn. Bhd. in light of the UN Guiding Principles on Business and Human Rights and other relevant international law and policy, experiences from complaints mechanisms in other sectors, and civil society critiques, among other things. The first interim report was submitted in May 2014 and the research will continue until November.

As part of this review, Natural Justice and the RSPO Secretariat held a workshop from 18-19 August in Bandung, Indonesia, with a range of stakeholders. The purpose of the workshop was to seek their feedback on the first interim report and to further develop the recommendations therein, which are divided into four categories, namely: governance, management, procedural, and substantive issues. The recommendations will continue to be developed and refined in the run-up to the 12th Roundtable in November, where a penultimate version of the review will be presented.

Developing FPIC Guidance for Oil Palm Companies

Indigenous community representative from West Malaysia.

Though not without its critics, the Roundtable on Sustainable Palm Oil (RSPO) is an important forum for developing voluntary certification standards and has the potential to tip the balance of the industry in favour of a more viable path for conservation and people, alongside economic development.

In 2008, Forest Peoples Programme published a guide to free, prior and informed consent (FPIC) for RSPO member companies. With the recent revision of the RSPO's Principles and Criteria, Forest Peoples Programme is accordingly updating the FPIC guidance in collaboration with Natural Justice and other members of the new Human Rights Working Group. As part of this process, the first of two stakeholder consultation workshops was held in Kuala Lumpur, Malaysia, from 30 June to 1 July. The objectives of the meeting were:

• To listen to the views of all parties on what constitutes a successful process for recognising the right of indigenous peoples, local communities and other users to give or withhold their FPIC to land acquisition for the establishment of oil palm plantings;
• To learn lessons from communities, companies, auditors and NGOs and from Social Impact Assessments, complaints and dispute resolution about what has and has not worked;
• To contribute insights into how the RSPO Guide for Companies on FPIC can be strengthened; and
• To examine more broadly FPIC in relation to the planning and establishment of oil palm holdings, including the possibility of joint ventures with communities, communities leasing lands, communities as smallholders and other options.

Participants included representatives of Indigenous peoples from West Malaysia, Sabah, and Sarawak, supporting NGOs, oil palm companies, and RSPO Secretariat staff. Holly Jonas (Natural Justice) presented on FPIC in international law. The outcomes of this and the second workshop in Jakarta (to be held in late July) will be incorporated into the revised guidance, release of which is planned for the next RSPO Roundtable in November. For any questions, please contact holly (at) naturaljustice.org.

New Research Questions Effectiveness of RSPO Standards

"Members of the Roundtable on Sustainable Palm Oil (RSPO) are violating the rights of indigenous peoples and local communities in the forests and peatlands of tropical nations worldwide, according to a new research publication released today. The study details the performance of 16 oil palm operations, many run by RSPO members, reporting on their failure to uphold human rights and environmental standards required.

'Since its founding eight years ago, the RSPO has adopted good standards, but too many member companies are not delivering on these paper promises,' said Norman Jiwan, Executive Director of Transformasi Untuk Keadilan Indonesia, a human rights organisation based in Jakarta. 'The RSPO could still meet this challenge if it provides remedies for member companies’ impacts on communities, but for that we need much stricter enforcement. The organisation’s very credibility is at stake.'

The book 'Conflict or consent? The oil palm sector at a crossroads' details cases in which palm oil producers have failed to obtain permission from communities - a process required by the RSPO based on the UN mandate that is known as free, prior and informed consent. The findings also support accounts of the destructive impact that the palm oil developments are having on indigenous peoples and local communities." To download the report, edited by Marcus Colchester and Sophie Chao (Forest Peoples Programme), and related materials, please visit: http://www.forestpeoples.org/press-room.

Source: Forest Peoples Programme Press Release, 6 November 2013

Online Debate on RSPO and Palm Oil Sustainability

Darrel Weber, RSPO Secretary General

On 21 May, Holly Shrumm (Natural Justice) joined an online debate hosted by the Roundtable on Sustainable Palm Oil (RSPO) on a range of questions concerning palm oil sustainability. The debate was moderated by acclaimed writer and journalist Fred Pearce and the speakers included Darrel Weber (Secretary General, RSPO), Robert Hii (Outreach Manager, Palm Oil Consumers Action), and Lorinda Jane and Michelle Nicol (Products on Australian Shelves that Contain Palm Oil).

The discussion revolved primarily around the following topics: 

• Challenges, including the complexity of the supply chain, lack of consumer confidence in RSPO-certified palm oil in certain 'developed' markets, and the overall balance that needs to be struck in multi-stakeholder processes between high standards and participation of key players in an evolving industry;
• Gains and successes, including the Netherlands' promising approach to managing supply logistics, special schemes to encourage participation of smallholders in RSPO, and a functioning complaints system and Dispute Settlement Facility; and
• Suggestions for improvement, including stronger human rights standards, improved collaboration between smallholders to ensure they can become certified, introducing time-bound schedules for reporting and complaints resolution, and ensuring compliance with the RSPO Code of Conduct and Principles and Criteria.

Mr. Weber noted in closing that a new website (betterpalmoil.org) will be launched on 1 June 2013 to enable consumers to better understand the products they purchase. The full online debate is available at www.rspodebate.com and additional questions can be sent to communications.eu (at) rspo.org.

ECCHR Workshop on Transnational Accountability

From 19-21 March in Manila, Holly Shrumm (Natural Justice) attended a workshop on judicial and quasi-judicial instruments for holding transnational corporations accountable for human rights violations. The workshop was organised by the European Centre for Constitutional and Human Rights (ECCHR) with the Philippine-Misereor Partnership and generously supported by Misereor and Brot fur die Welt (Bread for the World).

As the final of a series of regional workshops held over the past 3 years, it aimed to address the problem of accountability of transnational corporations involved in grave human rights violations by jointly developing strategies for litigation for cases from the the mining, palm oil, and manufacturing sectors. It included practical considerations such as uncovering internal corporate structures, collecting evidence for proving cases in court, and dealing with power dynamics between lawyers and communities. Soft-law mechanisms such as the Roundtable on Sustainable Palm Oil Dispute Settlement Facility and the Organisation for Economic Cooperation and Development Guidelines for Multinational Enterprises, and community instruments such as biocultural community protocols were also discussed. Participants were primarily lawyers and non-profit organisations and networks from South East Asia, as well as legal experts from Europe, the U.S., and Latin America.

Holly would like to thank Jerbert, Clod, and Claudia for their meticulous organisation of the workshop and all of the participants and supporters for making it such a memorable experience.

FPP Resource on RSPO Dispute Resolution System

Via www.forestpeoples.org/

The Forest Peoples' Programme has produced a booklet documenting the dispute resolution system of the Roundtable on Sustainable Palm Oil (RSPO), a not-for-profit association formed in 2004 in response to the urgent and pressing global call for sustainably produced palm oil. While the document identifies numerous shortcomings with the RSPO complaints system, it seeks to ensure that communities are capable of accessing the current system. According to the booklet, "it provides basic information and guidance to civil society organisations and affected local communities on how the RSPO complaint process works and the various steps involved in submitting a complaint."

The booklet can be downloaded here. 

Palm Oil Producer Violations Exposed

A series of major Asian palm oil companies that are members of the Roundtable on Sustainable Palm Oil (RSPO) have been exposed for violations of RSPO guidelines. As a recent press release from the Forest Peoples Programme (FPP) demonstrates in documenting several of these cases, these violations raise the question of whether the RSPO is actually able to enforce its own standards. 

It was recently established by Green Advocates, representing the Kru tribes in Liberia, that a subsidiary of Indonesia’s largest palm oil producer, Sina Mas, had clearly violated the RSPO’s New Planting Procedure by not advertising plans to clear and plant oil palms and not publicising a High Conservation Value Assessment. According to RSPO standards, the company should cease clearance until due process is followed, especially as community members have expressed concern that their land is being taken without their free, prior and informed consent. 

The FPP press release documents further violations of RSPO guidelines in Liberia, Cameroon, Malaysia, and Indonesia, many uncovered through a partnership between FPP, Sawit Watch and other partners to review the practices of 15 major palm oil companies in West Africa and Southeast Asia. It concludes by noting Sawit Watch’s concern that the RSPO must significantly improve its system as its credibility is clearly at stake. 

Find the full press release here. Download FPP and Sawit Watch’s review of 15 RSPO members practices here.