Indonesia: Alleged inadequate compensation for Jatigede Dam resettlement - Sinohydro responds

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Article
12 July 2015

Indonesia: NGOs urge Govt. to postpone filling of the Jatigede dam until public complaints are resolved

Author: Arya Dipa, the Jakarta Post

“Govt urged to halt dam filling over mounting dissent”, 04 July 2015

A coalition of NGOs has urged the government to postpone the filling of the Jatigede dam in Sumedang regency, West Java, slated to begin next month, until they resolve thousands of public complaints submitted by local residents who are struggling with the social impacts of the reservoir project… The [West Java Development Finance Comptroller] agency, however, has so far failed to settle any of the complaints,” advocacy team member Rizky Ramdani said recently. Rizky said the complaints fell into six categories, with 5,687 complaints regarding errors in land measurement topping the list. The second most common issue, raised in 3,646 complaints, was a lack of any compensation payment, followed by 2,024 complaints about wrongly classified assets in the compensation process…The Jatigede dam forms part of the government’s development priority plan and is considered crucial to ensuring Indonesia’s food security…

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Article
12 July 2015

Indonesia: Residents of Sumedang regency facing resettlement difficulties as a result of reservoir project

Author: Arya Dipa, the Jakarta Post

“Residents ‘not ready’ for Jatigede dam”, 29 June 2015

Residents impacted by the Jatigede reservoir project in Sumedang regency, West Java, have asked the government to postpone the dam filling process, scheduled to begin on Aug. 1, until the project’s social impact on each family has been calculated. Didi Nurhadi, head of Cipaku village, Darmaraja district, said that even though the social impacts on 1,238 households affected by the dam had not been solved, the government had started to distribute compensation and cash assistance on Friday…“Now [families] have received Rp 29 million for the loss of their houses, but they don’t know where to move out to. It’s not because we reject the dam development,” he said. The dam filling process will submerge at least eight villages. Three villages will be fully submerged while five others will have some cattle-grazing plots left dry…Separately, Sumedang Deputy Regent Eka Setiawan admitted that the compensation program remained beset with problems, but urged residents to submit their complaints to the committee responsible for the payment of compensation and cash assistance…

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Company response
12 July 2015

Sinohydro response re concerns over Jatigede Dam, West Java, Indonesia

Author: Sinohydro Corporation Limited

[Unofficial translation of text from original Chinese provided by Business & Human Rights Resource Centre]

...[I]n the Jatigede Dam project whose development is the responsibility of the Indonesian Ministry of Public Works, our company only has engineering and construction obligations. Compensation and relocation in the project development process are entirely the responsibility of the project owner, the Indonesian Ministry of Public Works. The content published by the People Alliance for Refuse Jatigede Dam has no connection to our company.

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Report
12 July 2015

[PDF] Indonesia: NGOs report on human rights violations resulting from dam project

Author: People Alliance for Dam Rejection (Indonesia)

“Jatigede Dam Construction Case : Review from Human Rights Violation Aspects and Understanding The Impact”, 2015

The Potential of Human Rights Violation [includes]…Violation of right to housing and supporting infrastructure…Violation of right to receive better livehood…Violation of right to [reasonable] living standard…Violation of right to education…Violation of right to [a] healthy life…Violation of right to public services…Violation of right to compensation…Violation of right to…information access…Violation of right to social security…Violation of right to non-discrimination…Impact on Wild Life…In early of June, 2015, the [People Alliance for Jatigede Dam Rejection] submitted a Judicial Review to supreme court for President Decree No.1/2015 and until now there is still no decision yet…People affected of Jatigede dam project feel there is no justice in land acquisition mechanism and social impact handling, as it has regulated in President decree No.1/2015...

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Company response
+ 简体中文 - Hide

Author: 中国水电建设集团国际工程有限公司

…佳蒂格德大坝项目业主是印尼政府公共工程部。合同采用FIDIC条款单价合同模式。根据印尼业主方要求,该项目由中国水电(SINOHYDRO)与CIC(印尼四大国有公司WIKA、WASKITA、HK、PP联营体)组成松散联合体共同作为承包商,并分别负责各自范围的工程及其管理…

我公司在该项目中仅承担工程施工义务,项目开发过程中的赔偿及搬迁均由项目业主印尼政府公共工程部负责在佳蒂格德大坝项目合同中规定,所有的建设用地许可、当地政府许可、开发许可、环保许可、当地社区许可、施工场地的申请和征用、进场道路的申请和征用、水源的申请和征用等均为印尼政府公共工程部的合同义务。我公司仅负责按照合同招投标文件、公共工程部提供的开发规划设计图纸在移交场地范围内进行建设施工。对于邮件转述报告中所提到的水坝项目的赔偿及搬迁问题,属于公共工程部的义务范畴,相关处理情况我公司无从得知,也没有任何话语权。

…我公司对项目环境保护非常重视…项目在可行性研究和规划设计阶段进行了环境影响评价,随后开工后两个月得到了印尼政府的批准…项目的环境保护主要是以这个批准的环评报告来指导项目的相关工作。我公司对本项目施工环保工作非常重视,具体防控主要包括粉尘控制、废弃物处理、振动和噪音控制、水土保持、植被恢复和水源保护等…

另外,邮件中所提到的佳蒂格德水电站是大坝项目的后续工程,目前由于融资协议未签订,合同未正式生效,项目还没有开工…

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Article
30 July 2015

Indonesian National Commission on Human Rights recommendations on Jatigede Dam [English translation]

Author: Indonesian National Commission on Human Rights

[English translation of original document provided by Advocacy Team for Jatigede People Alliance]

The National Comission of Human Rights receive complaints from people who will affected by Jatigede dam flooding in Sumedang Regency, West Java...The problems that [were] found...Jatigede dam project that has been plan since 1963 is not well planned in its implementation. So that cause social,economy, and culture problems that still has not been solved until now...

T]he National Commission of Human Rights ha[s]...recommend[ed]...President of Indonesia Republic [to] :
1. Delay Jatigede dam flooding in Sumedang, West Java province until all social-economy, and culture problems in affected people be solved totally.
2. Command...Government National Planning Agencies and SAMSAT and related institution to re-identified, re-examination, re-collection and also analizing with very detail and comprehensive about update numbers of affected people their social-economy, and culture rights before flooding plan be done.
3. Give special attention to the lost of one of necessary food barns in Sumedang district that caused by Jatigede dam if it related to National Food Sovereignty Programe and improving of rights to food in Indonesia...

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Article
30 July 2015

Indonesian National Commission on Human Rights recommendations on Jatigede Dam [Original document in Indonesian-language]

Author: Indonesian National Commission on Human Rights

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Article
24 November 2015

Don’t shun responsibility in Jatigede Dam

Author: Kania Mezariani G., Institute of Policy Research and Advocacy (ELSAM) [on Jakarta Post]

"Don’t shun responsibility in Jatigede Dam", 26 Aug 2015

The Chinese company Sinohydro recently responded to an invitation to clarify its position regarding the Jatigede Dam in West Java by an NGO, the Business and Human Rights Resource Center, on its website. The response leaves one wondering whether all businesses would say the same thing every time they faced the implications of their operations. Yes, it is not their responsibility to protect human rights, it is the state’s duty. But every stakeholder in the dam project should be responsible for either protecting and respecting people’s human rights or providing access to remedy for those people affected. The state and businesses are collectively responsible for their actions regarding their involvement in development activities that they engage in for the sake of “social welfare”...

Don’t shun responsibility
in Jatigede Dam
Don’t shun responsibility
in Jatigede Dam

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NGO rejoinder
24 November 2015

Rejoinder from Advocacy Team for Jatigede People Alliance tp response from Sinohydro

Author: Advocacy Team for Jatigede People Alliance

"Advocacy Team for Jatigede People Alliance Back Response to Sinohydro Response", 7 Aug 2015

A. Social Violation...Based to interview [with] affected people, the compensation process in...year 1982-1984 and 1994-1997 was done with repressive...intimidation to people by goverment...It happened three (3) categor[ies] of fault...miscount area, miscategorized of land, and fault in inheritance rights receiver. The third category of fault then into affected people complaint and until now still not [addressed] by Indonesia government.

B. Environmental Violation...Every business plan must have environmental  impact assessment. Article 15, clause 1, Law No.23 of 1997 about Environment Management.

II. Conclusion...we concluded : Sinohydro inaccurate and ignore the regulation that apply in Indonesia Republic in get involved to Jatigede Dam project...Sinohydro did not find out first about the Jatigede dam background history...Sinohydro just only concern to investment profit in infrastructure projects...Sinohydro has broke or violated their own commitment as contained in Sinohydro Stetement of Ethical  Principles (SHCP-SEP-Rev1.0-2014)...


Advocacy Team for Jatigede People Alliance Back Response

to Sinohydro Response.

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Company non-response
24 November 2015

Sinohydro did not respond to Rejoinder from Advocacy Team for Jatigede People Alliance to first Sinohydro response on Jatigede Dam

Author: Sinohydro

Business & Human Rights invited Sinohydro to respond to rejoinder from Advocacy Team for Jatigede People Alliance to first response from Sinohydro on Jatigede Dam.
Sinohydro declined to respond further.