INDONESIA: Environmental and health damages caused by business remain unpunished

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-119-2015
ISSUES: Administration of justice, Right to fair trial, Right to health,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from the Commission for Disappearances and Victims of Violence (KontraS), a national NGO, regarding the environmental and health damages caused by the QL Group Inc in Cianjur, West Java, Indonesia. QL Group is a foreign investment company in collaboration between QL Malaysia and Trimitra Group Indonesia. The QL Group consists of two independent companies, which are PT. QL Trimitra and QL Agrofood.

CASE NARRATIVE:

In 2010, QL Agro food Inc started running its businesses in Haurwangi District, Cianjur Regency, West Java province, of chicken eggs-hatching. In 2012, the company changed its business from hatching eggs into a large farm with millions of chickens.

During its field investigation, KontraS found the following problems caused by the farm:

First, the accumulation of chicken waste is causing a terrible odor up to a radius of one kilometer, disturbing the local residents. The pungent smell of chicken feces is inhaled all day for two years.

Second, the chicken feces has disrupted the economic activity in the local culinary tourist sites that sell traditional Cianjur beverages. Tourists have stopped buying the traditional beverages due to the unpleasant smell coming from the waste. Local revenue has declined by 80% due to the loss of visitors because of the smell of chicken sewage.

Third, the company is responsible for polluting the Citarum river water, damaging the river’s ecosystem and causing cliff abrasion, by disposing an average 48 cubic meters of chicken feces without any filtering into the river.

Fourth, 40 children suffered an acute respiratory ailment (hereafter referred to as ISPA). In May 2014, the company promised to provide compensation to the victims and bring a specialist to address the disease. However, when the company hired a local doctor who visited the victims accompanied by the local police, all the medical reports of the victims were changed from ISPA to typhoid.

According to one mother of three children in Sukamaju Village near the company—in which all the children suffer from ISPA—to date, all the children are taking up medical treatment at their own expense. Children in other villages who suffer ISPA are also paying for their own medical treatment. The company only paid as much as Rp. 7000 (less than 1 USD) to each person who suffered ISPA.

Fifth, several local police officers supported the QL Agro food Inc by intimidating local residents. Before a hearing on these matters at the Cianjur City Council on 4 May 2015, local residents faced intimidation by the police, as well as phone threats, saying that all citizens attending the hearing will be arrested. However, the local residents still attended the hearing with the City Council. The City Council promised to take up the case within 14 days after the hearing.

On 3 June 2015, the Cianjur Environmental Management Agency issued an official letter no. 660.01/254/BLHD/2015 regarding the follow up of the complaint made by local residents. The Cianjur City Council also recommended the Regent of Cianjur to close all types of business activities and production of QL Agro food branch Haurwangi. To date however, the company still operates as usual without any improvement regarding its waste.

ADDITIONAL INFORMATION:

As a state party to the International Covenant on Economic, Social, and Cultural Rights, the Indonesian government must fully ensure the realization of the rights recognized in the Covenant, and by all appropriate means protect those rights, including article 7, which guarantees the enjoyment of favorable conditions of work; article 11 on the right to sanitation and adequate standard of living; and article 12, regarding the right to health. The Indonesian government must also ensure that any business shall operate on consent from the affected communities and meets all environmental standards.

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to ensure that the Indonesian government reviews the business permits of QL Agro food company, particularly on the Environment Impact Analysis. Moreover, the government should provide remedy to the affected communities, and further conduct investigation on the environmental and health impact caused by the company
The AHRC is writing a separate letter to the UN Special Rapporteur on the right to health, Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes and Independent Expert on human rights and the environment.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ………………..,

INDONESIA: Environmental and health damages caused by business remain unpunished

Name of victim: people in Haurwangi District, Cianjur Regency, West Java province

Alleged perpetrators: QL Group Inc, Police officers

Date of incident: 2010 to 2015

Place of incident:
 Haurwangi District, Cianjur Regency, West Java province

I am writing to voice my deep concern regarding the environmental and health damages caused by the QL Group Inc in Cianjur, West Java, Indonesia. QL Group is a foreign investment company in collaboration between QL Malaysia and Trimitra Group Indonesia. The QL Group consists of two independent companies, which are PT. QL Trimitra and QL Agrofood.

In 2010, QL Agro food Inc started running its businesses in Haurwangi District, Cianjur Regency, West Java province, of chicken eggs-hatching. In 2012, the company changed its business from hatching eggs into a large farm with millions of chickens.

During its field investigation, KontraS found the following problems caused by the farm:

First, the accumulation of chicken waste is causing a terrible odor up to a radius of one kilometer, disturbing the local residents. The pungent smell of chicken feces is inhaled all day for two years.

Second, the chicken feces has disrupted the economic activity in the local culinary tourist sites that sell traditional Cianjur beverages. Tourists have stopped buying the traditional beverages due to the unpleasant smell coming from the waste. Local revenue has declined by 80% due to the loss of visitors because of the smell of chicken sewage.

Third, the company is responsible for polluting the Citarum river water, damaging the river’s ecosystem and causing cliff abrasion, by disposing an average 48 cubic meters of chicken feces without any filtering into the river.

Fourth, 40 children suffered an acute respiratory ailment (hereafter referred to as ISPA). In May 2014, the company promised to provide compensation to the victims and bring a specialist to address the disease. However, when the company hired a local doctor who visited the victims accompanied by the local police, all the medical reports of the victims were changed from ISPA to typhoid.

According to one mother of three children in Sukamaju Village near the company—in which all the children suffer from ISPA—to date, all the children are taking up medical treatment at their own expense. Children in other villages who suffer ISPA are also paying for their own medical treatment. The company only paid as much as Rp. 7000 (less than 1 USD) to each person who suffered ISPA.

Fifth, several local police officers supported the QL Agro food Inc by intimidating local residents. Before a hearing on these matters at the Cianjur City Council on 4 May 2015, local residents faced intimidation by the police, as well as phone threats, saying that all citizens attending the hearing will be arrested. However, the local residents still attended the hearing with the City Council. The City Council promised to take up the case within 14 days after the hearing.

On 3 June 2015, the Cianjur Environmental Management Agency issued an official letter no. 660.01/254/BLHD/2015 regarding the follow up of the complaint made by local residents. The Cianjur City Council also recommended the Regent of Cianjur to close all types of business activities and production of QL Agro food branch Haurwangi. To date however, the company still operates as usual without any improvement regarding its waste.

Therefore, I respectfully call upon the Indonesian government to review the business permits of QL Agro food company, particularly on the Environment Impact Analysis.

Moreover, the government should provide remedy to the affected communities, and further conduct investigation on the environmental and health impact caused by the company.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Joko Widodo 
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458 595
Fax: +62 21 3484 4759
E-mail: webmaster@setneg.go.id

2. Mr. Yasonna Laoly
Minister of Law and Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889
Fax: +62 21 525 3095

3. Dr. Mualimin Abdi SH., MH
Director General of Human Rights
Office of the Director General of Human Rights
Jl. HR Rasuna Said Kav. 6–7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095

4. General Badroedin Haiti 
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

5. Mr. Luhut Binsar Panjaitan 
Chairperson National Police Commission
Jl. Tirtayasa VII No. 20
Kebayoran Baru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id

6. Mr. Danang Girindrawardana 
Chairperson of Ombudsman of Republic of Indonesia 
Jl. HR. Rasuna Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

7. Mr. Nur Kholis 
Chairperson 
National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-119-2015
Countries : Indonesia,
Issues : Administration of justice, Right to fair trial, Right to health,