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15 Okt 2020

National Commission on Human Rights (Komnas HAM)

Indonesia: National Commission on Human Rights issues recommendations to settle land disputes between residents and developers of Mandalika turism mega-project

"Komnas HAM's recommendations on the settlement of land disputes at the Mandalika MotoGP Circuit", 15 October 2020

(BHRRC's translation)

Komnas HAM has received complaints from 15 people who demanded payment for 17 plots of land in Sengkol Village and Kuta Village, Pujut District, Central Lombok Regency from the ITDC as the developer of KEK Mandalika. Based on the data and information submitted by relevant parties, as well as facts gathered, Komnas HAM recommended the following:

    • Regarding the handling and/or settlement of land disputes, especially with regard to the complaints from 15 residents:
      • ITDC must immediately pay for 3 plots of land which have been verified as land enclave, and pay compensation for buildings and plants grown on top of the 3 plots of land claimed by residents, which have been vacated/evicted;
      • ITDC and the Governor of West Nusa Tenggara must provide psychosocial recovery and rehabilitation for 3 residents whose lands have been evicted;
      • The parties (in this case the residents, ITDC, and the Technical Team for the Acceleration of Land Issues Settlement in Mandalika SEZ must immediately conduct clarification, identification, and data/document/location verification of 11 plots of land within 6 days in order to determine the best settlement mechanism.
    • Regarding the handling and/or settlement of land disputes in the Mandalika SEZ in general:
      • The Governor of West Nusa Tenggara, apart from having to provide protection for the rights of those affected by the construction of the Mandalika MotoGP Circuit (by ensuring that: there is a room for dialogue/communication and for submitting complaint to the ITDC; the technical team works objectively; and the handling/ settlement of land disputes follows the principles of human rights), is also urged to push the central government to issue policies related to alternative solutions in the settlement of the Mandalika SEZ land disputes;
      • President Director of the ITDC, in developing the Mandalika SEZ, should promote and apply the principles of business and human rights. With regard to land disputes, the ITDC must open a room for dialogue for submitting complaint; ensure and guarantee the existence of alternative solutions that are suitable for citizens who have lost/will lose their lands; respect the rights of citizens; and refrain from using/involving security forces.