No. Agenda Action by 1. Introduction. Fyi. 2. Review previous minutes. Audrey. Minutes will be posted on the RSPO website. 3.

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Notes of 2 nd Meeting of HCV Ad Hoc Task Force Date 20 June 2012 Venue Hotel Santika, Jakarta Norman Jiwan Sawit Watch Co-chair Heng GAR Co-chair Richard Kan GAR Alternate Kunkun J.

1 Notes of 2 nd Meeting of HCV Ad Hoc Task Force Date 20 June 2012 Venue Hotel Santika, Jakarta Norman Jiwan Sawit Watch Co-chair Heng GAR Co-chair Richard Kan GAR Alternate Kunkun J. Gurmaya GAR Alternate Dwi Muhtaman Indonesia HCV RN/ ReMark Asia Substantive Marcus Colchester Forest People Program Substantive Patrick Anderson Forest People Program Alternate Haryono WWF-ID Alternate Lili Sadikin ZSL Alternate Yokyok Hadiprakarsa USAID-IFACS Observer Audrey Lee RSPO secretariat Agenda 0900 Opening by co-chairs and confirmation of notes of 1st meeting 0915 Review matrix developed by work stream 0930 Prioritize issues and tasks 1015 Tea break 1030 Develop work plan for ToR 1130 Develop work plan 1300 Lunch 1400 Identify key growers/stakeholders to engage with government 1530 AOB 1600 Session ends No. Agenda Action by 1. Introduction Fyi provided background of INA HCV TF. 2. Review previous minutes Audrey Minutes will be posted on the RSPO website. 3. Legal Barriers Sophie Persey had shared this report with previous working group. 1

2 18 types of terms of forest. According to ISPO, there are 16 types of protected area and this report identifies 13 types of protected area. ISPO and RSPO RSPO CBs is independently accredited by ASI. ISPO has a step-wise system towards certification, first to categorize the growers from class 1-5, class 4-5 are required to upgrade their standard prior to certification. 3.1 A comparison review of the RSPO standards and ISPO standards was discussed. Haryono highlighted concerns for growers to provide 2 separate management plans for RSPO and ISPO compliance. believes that this may not be the case as he felt that ISPO could be positioned as the basic requirement for palm oil certification for domestic production and RSPO would be the next level of certification. Both ISPO and RSPO standards should be complement each other. stressed the importance of this TF to engage with ISPO. Points to note regarding ISPO and RSPO comparison table: All growers have to be certified under ISPO by Currently, ISPO is led by Ibu Rosediana. ISPO s CBs need to be accredited by national accreditation body. According to ISPO draft document annex ii (lampiran 2k), criterion 3.5 refers to HCV but the HCV definition is interpreted differently. HCV is defined as functions to protect sustainability of the environment which consists 1.Natural resources; 2. Man- 2

3 made resources; 3. Historical and cultural value. ISPO HCV definition is open ended and it does not resolve the HCV challenge within the Indonesian legal context. ISPO does not require HCV management/ conservation. There will also be a separate ISPO standard for smallholders certification. Action: RSPO secretariat will circulate ISPO P&C. INA HCV TF Next steps: TF will set up a meeting with Ibu Rosediana to discuss ISPO s direction and its requirements on HCVs. Clarification on conflicting legal requirements relating to HCV by other ministries. will identify senior practitioners within GAR to initiate the first meeting with Ibu Rosediana. 3.2 Legal Matrix: The legal matrix was presented and discussed. Richard/ Audrey HCV1-4: Most of the regulations listed in the legal matrix refer to forest areas. The table does not capture the level of protection of HCV on Areas for other uses (APL) because the Forestry Law does not apply to APL. Hutan Hak is a regulation from Ministry of Forestry. It was highlighted that identification of Hutan Hak also depends on the Bupati who is empowered to determine the type of activities which includes carbon trading, forest restoration and protection. Decree 11 was not mentioned in the table. highlighted the importance for the TF to focus on decree 11 where HCV areas can be treated as abandoned land and the concession can be revoked by the Bupati. The TF concurred. 2. HCV 5-6: Haryono gave an example related to PT Agrowiratama where HCVA identified was removed from ijin lokasi (location permit). There is a possibility that a company can remove HCVAs 3

4 identified from the original location permit in HGU. TF discussed on the importance of providing incentives for growers to conserve HCVA. suggested to circulate the plantation licensing process in Indonesia as outlined in the FFP report Report of an independent investigation into the effectiveness of the application of High Conservation Value zoning in palm oil development in Indonesia dated October 2009 Dwi and Rauf briefed the TF on a recent development in Indonesia. Currently, only 14% out of 140 million ha of land is gazetted as forest areas in the past 30 years. Ministry of Forestry plans to gazette the remaining 86% of forest area by This recent development will be relevant to the TF to leverage on forest areas as an alternative to secure HCVA. TF also discussed how to incentivize the local community to conserve HCV. One option is the company would compensate the community if they conserve HCVA. Marcus highlighted that there are changes on the HCV definitions by FSC, and these new HCV definitions will be discussed during the RSPO P&C review process. It was also highlighted that HCV 5 for community basic needs can be potentially used to address food security issues. Next step: Marcus will circulate the new definitions of HCV by FSC. Marcus The TF agreed to focus on challenges in securing HCV 5 as HCV 6 is recognized by all government authorities. The following were highlighted: Government Regulation no. 38/2011 relating to River (84 articles) is also applicable to HCV 5. This regulation should also be added to the legal matrix under HCV 5. 4

5 HCV 3 on rare and threatened ecosystem overlaps with other HCV such as HCV 1. Therefore, the Presidential decree no. 32/ 1990 on the management of the protected areas (41 articles) is applicable. 3.3 Work plan: In addressing the various challenges in HCV 5, proposed to select Sambar District in West Kalimantan to identify potential solutions for securing HCV 5 and in new developments. Marcus highlighted one of the challenges for HCV 5 is that community land will be returned to the state when the HGU expires. The TF agreed on the priority work list: 1. Review methodology of securing HCV 5 in relation to new development and ownership of land when HGU expires. 2. Further investigation on decree 11 (2010) and review decree 11 to prepare recommendations on potential solution(s). 3. Seek clarification from other practitioners (growers) on HCV protection on the ground in relation to forestry law. Norman Targeted stakeholders would include the Ministry of Agriculture and Ministry of Forestry. TF will meet with ISPO to understand ISPO s direction and HCV requirement In preparation to engage the Ministry of Agriculture and Ministry of Forestry. Field visit will also be organized for the TF to have a better understanding of the challenges of HCV protection on the ground in relation to the above projects. Action: Work stream leaders will develop detail work plan based on agreed priorities. / Norman 3.4 Identify key Indonesian growers to engage with Indonesian government: shared a list of key oil palm growers with substantial expansion plan and in Indonesia: 5

6 1) Asiana agri 2) Bakri 3) Best Agro 4) Darmex agro 5) First Resource 6) Indo Agri (Indo food) 7) Astra 8) Musim Mas 9) PTPN 10) Sampoerna Agro 11) Triputra 12) Wilmar 13) Cargill 14) Genting 15) IOI 16) KLK 17) Sime Darby 18) Sipef 19) Socfin TF would meet the key growers to highlight that ISPO and RSPO P&C being complimentary in the palm oil industry in Indonesia after meeting with ISPO. RILO & It was suggested that Musim Mas (Gan), Asian Agri (Fredi), Wilmar (Simon Siburat), and First Resources (Bambang) be invited to attend the meeting with ISPO. Next steps: RSPO Indonesia Office (RILO) to contact these growers and brief them on the progress of INA HCV TF and to follow up with them. highlighted that all communication materials must be agreed by RSPO EB. In addition, suggested to a one on one meeting with some key growers prior to meeting the wider group consultation And these consultation meetings must be conducted in Bahasa. 6

7 4.0 Legal advisors: 5.0 AOB: GAR and WWF-ID will provide some suggestions on legal advisor. Haryono, Next meeting is scheduled on 28 August 2011 in Jakarta. Prepared by Audrey Lee 4 July 2012 Reviewed by Heng 6 July

TERMS OF REFERENCE. Acknowledged by RSPO Executive Board (EB). Progress of the project will be reported to RSPO EB

TERMS OF REFERENCE. Acknowledged by RSPO Executive Board (EB). Progress of the project will be reported to RSPO EB TERMS OF REFERENCE Name of Organization: Profile: Structure: Output: High Conservation Value RSPO Indonesia Working Group (HCV-RIWG) The working group was formed on the 18 th of July 2008 initiated by