Translating the BHR National Action
Plan into practice in Indonesia*
By Consortium for Agrarian Reform (KPA)
Country trends and impact of agricultural investment
and business on land rights
Land conflicts
T
he United Nations Guiding Principles on Business and Human Rights
(UNGP BHR), endorsed by the UN Human Rights Council in 2011, consist
of 31 principles implementing the United Nations ‘Protect, Respect, and
Remedy’ framework on the issue of human rights and transnational corporations
and other business enterprises. These Guiding Principles provided the first
global standard for preventing and addressing the risk of adverse impacts on
human rights linked to business activity. The UNGP BHR is especially relevant
in Indonesia, as agricultural investments by transnational and State companies
have become pervasive in the country.
Land conflicts,1 mainly between small farming communities and
corporations, have become widespread across Indonesia. This escalated during
the reformasi era, due to the opening up of political space and the growth of
social movements on land issues (Susan, 2015). KPA notes that during the last 11
years since 2004 to 2015, there have been 1,770 agrarian conflicts with a conflict
area of 6,942,381 hectares, involving 1,085,751 households. Given this data, it
can be stated that on average, an agrarian conflict erupts in Indonesia once
every two days.
*
This is an abridged version of the paper prepared by the Konsorsium Pembaruan Agraria (KPA) for the regional initiative “Defending
Land Rights and Human Rights Defenders.” This document summarizes the major issues and recommendations emanating from the
workshops organized by KPA and Komnas HAM in partnership with members of the National Engagement Strategy-Indonesia (NES
Indonesia). It builds on the findings and recommendations of the baseline study prepared by KPA for the project “Promoting the National
Action Plans on the implementation of the UNGP on Business and Human Rights in relation to land rights issue” with support from
OXFAM Indonesia. For more details, contact kpa.seknas@gmail.com
Citation:
Consortium for Agrarian Reform (KPA). (2018). Translating the BHR National Action Plan into practice in Indonesia. In ANGOC (Ed.)
Upholding Land Rights Amidst the Land Rush: A situationer on the United Nations Guiding Principles on Business and Human Rights in
selected countries in Asia (pp. 53-63). Quezon City: ANGOC and KPA.
1
Land conflict is different with land dispute. Land conflict refers to the land dispute with a massive impact to social and political life of
a community. See Head of the National Land Agency Decree No. 3 of 2011 about Assessment and Land Cases Management.
ANGOC and KPA
53
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