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OPINION

Open letter to the Government of Indonesia, Perusuhaan Listrik Nasional (PT PLN), and KfW Development Bank

Urgent Concern regarding Human Rights Violations of the Pocoleok Indigenous Community for expansion of Ulumbu Geothermal Power Plant 

We, the undersigned organizations – Aliansi Masyarakat Adat Nusantara (AMAN), and Perhimpunan Pembela Masyarakat Adat Nusantara (PPMAN), Barisan Pemuda Adat Nusantara (BPAN), PEREMPUAN AMAN, the Right Energy Partnership with Indigenous Peoples (REP), and the Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE), along with other Indigenous Peoples Organizations, Civil Society Organizations and individuals – are writing to express our urgent concern about the ongoing human rights violations against the Pocoleok Indigenous Community related to the expansion of the Ulumbu Geothermal Power Plant by PT. PLN (National Electricity Company). The expansion is being financed under a loan from the German state-owned KfW Development Bank.

On October 2, 2024, security forces, including members of the Indonesian military, Police and Pol PP, accompanied by PLN and government officials forcibly entered the lands of the Pocoleok community in Manggarai regency in East Nusa Tenggara province of Indonesia to carry out a road survey. This happened despite the community’s explicit rejection of the project’s expansion and ongoing investigations by the National Human Rights Commission of Indonesia (KOMNAS HAM) and an independent team commissioned by the KfW Development Bank. Komnas HAM has reported violation of human rights of the community in the expansion of the power plant in response to the complaint of AMAN and PPMAN on the matter. An independent fact-finding commissioned by the KfW, triggered by another complaint of the community members, has not yet delivered results, and the community has received no response regarding the investigation. The expansion violates the right to Free, Prior, and Informed Consent (FPIC), a fundamental right for Indigenous Peoples, which has not been respected throughout this process.

As a result of this forced entry, several human rights violations occurred:

  • Ponsianus Lewang, a resident of Lungar village, was severely injured by security forces and lost consciousness after being kicked in the ribs.
  • Four residents were arrested and held for two days before being released. During their arrest and detention, they endured considerable emotional and psychological trauma.
  • Security forces actively prevented community members from documenting the incident by blocking photos and videos of the violent actions.

We urge the Government of Indonesia to take immediate action to prevent further escalation of violence and uphold the rights of Indigenous Peoples. In particular, we recommend the government of Indonesia to:

  • Immediately suspend the Ulumbu Geothermal Project expansion until the independent investigation results are publicly released and concerns of the affected community fully addressed including reported violations to the right to FPIC of the Pocoleok Indigenous Peoples, and allegations of violations including sexual harassment by state forces during community protests;
  • Drop any charges that may have been filed against members of the community in relation to the incident on 2 October 2024.
  • Investigate and hold accountable the security forces involved in the violence against the Indigenous Peoples of Pocoleok.
  • Ensure the full implementation of FPIC in all project developments affecting Indigenous Peoples.

Further, we call on the National Electric Company (PT PLN), to:

  • Respect the rights of the Indigenous Pocoleok community, including to FPIC, for the expansion of the Ulumbu Geothermal Power Plant – in line with their corporate responsibility under the UN Guiding Principles on Business and Human Rights.
  • Immediately suspend any activities in relation to the Ulumbu Geothermal Power Project and cooperate in the investigation of violations reported by the affected community;
  • Establish an accessible, culturally appropriate, and gender responsive grievance mechanism to ensure that violations against individuals and the community as a whole are effectively and timely addressed;

We also urge the German Development Bank Kreditanstalt für Wiederaufbau (KfW) to:

  • Suspend financing for the expansion of the Ulumbu Geothermal Power Plant until FPIC of the Indigenous Pocoleok community is obtained. If FPIC of the community cannot be ascertained, the project must not be processed further. Until then, KfW must use its leverage to ensure security of the community, including during its independent fact-finding.
  • Ensure that mandatory human rights due diligence are conducted as a prerequisite to any funding for projects and take accountability for any violations as a result of any funding provided.

We await your prompt response and action on this critical matter.

See the Indigenous Peoples Organizations, Civil Society Organizations, and Individuals list here.

Originally published on the Right Energy Partnership’s website

Photo courtesy: Floresa Documentation

Indigenous Peoples voice concerns on the revised Environmental and Social Framework of the Asian Development Bank

“Without strong safeguards, ADB-financed projects will continue to adversely impact Indigenous Peoples lands, livelihoods, and ways of life”

The Indigenous Peoples Advisory Group (IPAG) issued a statement urging the Asian Development Bank (ADB) to strengthen protections for Indigenous Peoples in the recently released revised ADB Environmental and Social Framework, now open for public consultation. Although IPAG welcomed certain improvements, including the integration of Free, Prior, and Informed Consent (FPIC) in certain ADB-financed projects and a separate section on Cultural Heritage, the group argues that the revisions fall short of adequately safeguarding Indigenous Peoples rights.

IPAG’s key demands include ensuring that ESS7 protections apply regardless of whether a host country legally recognizes Indigenous Peoples and that identification of Indigenous Peoples by others should only refer to other Indigenous Peoples not the society at large. IPAG highlighted that many Asian countries have not formally acknowledged Indigenous Peoples as distinct peoples with collective rights in alignment with international human rights standards, such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the ILO Convention 169. They called for explicit provisions in the ESF to protect Indigenous Peoples rights even in jurisdictions where they are not recognized, urging ADB to ensure that the framework is not limited by national laws.

The group also called for a broader application of FPIC, which it says should be an ongoing requirement throughout a project’s life cycle, not only when certain impacts arise. They emphasized that Indigenous Peoples must have the right to give or withhold their consent at any project stage and, if necessary, to withdraw consent if impacts on their lands and livelihoods change significantly. According to IPAG, these provisions align with Indigenous Peoples’ right to self-determination and their ability to control their development priorities.

Furthermore, IPAG recommended that ADB mandate separate and comprehensive Social Impact Assessments (SIAs) for projects impacting Indigenous communities. These SIAs, they said, should address cultural, spiritual, and economic impacts unique to Indigenous Peoples, particularly Indigenous women, youth, and persons with disabilities among others, whose specific needs and priorities are often overlooked in general assessments. The group pointed to safeguards by other development banks, such as the European Investment Bank (EIB) and the Inter-American Development Bank (IDB), which have implemented similar policies on FPIC and social impact assessments.

The IPAG is an informal platform of Indigenous Peoples organizations who have been engaging in the review of the ADB Environmental and Social Safeguards.

Read the full statement here: IPAG STATEMENT

[Briefer] Offshore Wind Energy Projects in South India: Indigenous Coastal Communities Left in Dark

The Government of India has begun implementing plans to install 450 wind turbines in the ecologically rich Gulf of Mannar region in Tamil Nadu in the south of the country. In February 2024, the Government invited bids for the development of 4 GW (in four blocks of 1 GW each) offshore wind energy projects off the coast of Tamil Nadu, specifically in the Mannar Islands, through international competitive bidding. In June, it approved 1 GW offshore wind energy projects (500 MW each off the coast of Gujarat and Tamil Nadu) – first ever such projects in the country – with a total outlay of 7,453 crores Indian rupees.

However, the Indigenous coastal communities of the Gulf of Mannar, such as the Paravar and Mukkuvar, have been left in the dark about the offshore wind projects. They have protected and sustainably used marine ecosystems and resources in the Gulf for generations and depend on them for their livelihoods, cultures and lives. Their Indigenous knowledge has not been taken into account in conducting studies for developing the projects in Tamil Nadu, including with support from the European Union.

This briefer documents the concerns of the Indigenous coastal communities with the offshore wind projects in Tamil Nadu, which include:

– Commodification of Mother ocean

– Loss of ocean rights

– Impacts on livelihoods

– Destruction of marine life

– Disruption of migratory species and other environmental impacts

– Effects on food security and leisure activities

The communities have accordingly stressed that no energy project in the Gulf of Mannar should proceed without their meaningful engagement and consent.

This briefer was produced through collaboration of the Association of Artisanal Fishers (AAF), the Neithal Protection Council and the BlueGreen Coastal Resource Centre with assistance from the Asia Indigenous Peoples Network on Extractive Industries and Energy (AIPNEE).

Read the full briefer below or click here to download.