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To Know the Complaint and Appeal in Sustainable Palm Oil Scheme 2017 Version



To Know the Complaint and Appeal in Sustainable Palm Oil Scheme 2017 Version

InfoSAWIT, JAKARTA –Everyone can be mistaken. The proverbs might be right as a reflection that no matter how good the system is, made by human, it would not be perfect. There would be gap or the implementation of one policy is less good enough.

This takes place in the implementation of Principles and Criteria of RSPO, namely for the members in plantation sector. In the remote areas, high potential conflict and different understanding are the factors to make complaint that is aimed to the palm oil plantation companies as the members of RSPO.

The goal is not to blame. It is to get solution on the complaint. This is the reason that RSPO makes complaint system really fair, tranparent, and independent to solve the complaint to the members of RSPO.

Country Director of RSPO, Indonesia Operation, Tiur Rumondang said, there are two mechanisms of complaints in RSPO, they are, Dispute Settlement Facility (DSF) and Complaints and Appeal Procedure (CAP).

In the latest Complaints & Appeal Procedure, there are some different process from the previous one. If in the previous CAP there was no timelimit to solve the complain of violance presumption, in CAP 2015, it regulates the timelimit to solve. This is made so that there would be certain time to solve the case though it depends on kinds of case.

Then there is first diagnose of case, and information from RSPO. It is to determine that the complaint is for RSPO members or  not. Every process of diagnose of a case is done by RSPO Secretariat. To assume the violation, the fact should be revealed to know it is violance in the documents of RSPO or not.

the information to InfoSAWIT, CAP 2017 regulates the urgent or temporary action to do. It is as the effort to solve the urgent case in a complaint and or to ‘stop work order’.

The most important is that the complaint of the violance in the complaint panel has appeal procedure. Tiur said, the making of independent appeal mechanism is to consider and decide the last appeal.

The development of the other complaint system is about the power reinforcement of Complaint Panel and the Separation of Power, that is, the strick seperation of authority to handle the complaint to make sure the independency of Complaint Panel to obey UN Guiding Principles on Business and Human Rights (UNBHR). CAP 2017 also regulates the connection of RSPO dispute resolution facility, the Accreditation and Certification Boards, the Human Rights protection, the Human Rights defenders, and whistleblower. to RSPO, until now the cases that have been reported as violations in Indonesia reach about 77% of the total complaints to RSPO, Malaysia has 9%, Liberia has 3%, and the others are from Franch, Columbia, Papua New Guinea, and others.

Still based on RSPO, until now, there have been 71 cases solved and 27 cases are in progress.There are 8 solved cases in Malaysia to the companies as the members of RSPO, and 4 others are in progress in Liberia, Papua New Guinea, Columbia, Australia, Costa Rica, Peru, and others.

The cases in 2009-2017 were about area reaching 38% of the total complaint, the environmental issue reached about 24%, the human rights issues reached 16%, sebanyak and 9% were about the new planting procedures and about 13% were about other issues. What is to notice is that the cases were solved less than 200 days.

The next question is that who can complain to RSPO? Tiur said, everyone and every side, such as, person, worker, community, group, non – government organization (NGO), and others could.

The complaint could be for the members of RSPO from palm oil plantation, processor, trader, manufacture, financial institution, environmental and social NGO.(T2)

For more, please read InfoSAWIT December 2017

 


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