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Clearing the Haze: Who owns the land being burnt?

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“Clearing the Haze” is a feature series by The Online Citizen that brings you into the core of the trans-boundary haze issue. Our reporting team joined volunteers from local haze monitoring group, PM. Haze, on one of their field trips into the heart of Indonesia earlier this year to find out more about the haze situation, what causes the fires, and what can be done about it.
By Terry Xu and Yasmeen Banu
In 1997, Indonesia witnessed its worst episode of haze, with peatland fires engulfing the nation, resulting in heavy economic losses, severe health implications as well as changes in climate temperature.
A combination two issues – difficulty in fighting underground peatland fires, and the lack of access to plantations to check for compliance with government regulations – basically meant that government and non-government organisations (NGOs) always had problems with finding the owners of the land being set on fire.
Ever since the haze issue was brought to the attention of neighbouring countries in 1997, environment NGOs and neighbouring countries affected have been trying to figure a way to improve situation, if not to eradicate the problem. One of the things NGO members and Ministers alike have been trying to do is to identify the land owners of the plantations set on fire.
The locals and migrants
The peatlands beneath Riau have undergone dramatic changes over the years in order to accommodate to agricultural farming. One of Indonesia’a biggest economic contributor is its palm oil business, as Indonesia is the world’s biggest producer of palm oil. After decades of building the economy, it does not seem to serve any purpose to abruptly stop production of the country’s greatest source of income and allow land owners to take their palm oil businesses elsewhere.
For local villagers who are allocated land through customary rights, farming is their way of providing for their families, be it to provide food through subsistence farming, or for cash profits. For the farmers who do not practice controlled burning and who practice shifting cultivation, burning the land is the most viable way to clear the land.

new house

New house which was built shortly after a recent fire in February 2014.

Apart from locals, there are also migrants burning vegetation and claiming it for themselves. A migrant family would just built a house on a plot of land soon after a fire was set to clear the vegetation on the land. Although some occupy the land to work for plantation owners, many would burn the land and lay claim to it, or simply move in after a fire. Some of these lands might even belong to companies.
Of the land concession given out to companies, 70 percent is for plantations,  10 percent for village settlements, five percent for infrastructure, and 15 percent for conservation.
Land concession to companies
In Indonesia, land concessions are given out by two ministries, the Ministry of Trade and Industries and the Ministry of Forestry as both have the authority to issue out concessions.
On paper, companies are only supposed to own 50,000 hectares of land. But in reality, big multi-national companies (MNCs) like Asia Pulp and Paper (APP) and Asia Pacific Resources International Ltd (APRIL) own much more than that. According to Wahana Lingkungan Hidup (WALHI), APP and APRIL collectively own 2.1 million hectares of land out of the 4.2 million hectares of peatland. These companies are able to own such a large piece of land through their subsidiaries, contractors and sub-contractors.
Exploiters of the forest often get away with burning land as traceability is a major problem in Indonesia. The authorities are not able to accurately allocate land tenures, as they are seldom aware of what is happening on the ground. This includes disputes over land ownership and responsibility, which only perpetuates the cycle of confusion.

Riko Kurniawan of WALHI said that WALHI has compiled the permits that has been given out by the two Ministries and found that the total land given to companies far exceed the total land mass of Riau itself. Volunteers at the organisation added that when land is given out, the Ministries do not do checks on the land itself, such as the land type or whether there are any inhabitants. This, the volunteers said, leads to eventual land conflicts.
For example, there can be a settlement within a land concession granted to a company. However, because of the inaccuracy of the settlement granted, the dwellers within the allocated settlement are left to sort out with the companies over their ownership of the land. Land elsewhere can be reassigned to the companies if there is any contest but the land allocation process itself might be haphazard as it is likely that no checks would be conducted prior to the allocation.
Whose land is burning?

hot spots 2013

Hot spots recorded by the NASA satellite at Riau in 2013.

Getting evidence of the location of forest fires is an easy task through modern technology and satellite feeds. But being able to identify which plot of land is burning is hardly useful, when responsibility can hardly be ascertained due to overlapping land concessions awarded to companies.
Earlier last month, World Wide Fund for Nature (WWF) called for the government “to immediately finalize ‘One Map’ and spatial planning process” so as to accelerate the initiative that would eventually provide a single reference of maps in Indonesia, “thus forestry license given by the government will no longer overlap between one another”.
Badan Lingkungan Hidup (BLH), a government body that is in charge of managing environmental issues at a provincial level, impose regulations that require each plot of land of about five hectares to be managed by five members of Masyarakat Peduli Api (or Organised Fire Care Community Groups), and to have a watch tower and wells to facilitate fire fighting efforts.
Authority figures also seem defensive and uncomfortable with questions and probes about the plantations. While walking through plantations with a chief MPA member explaining to volunteers from PM. Haze about dams and their systems, we were reprimanded by police officers who asked for our passports and questioned the purpose of us going around the plantations with the NGOs.
Indonesian police and chinese boss

Indonesia Police asking why the volunteers are there at the plantation.

Currently, there have been efforts by government officials to resolve their issue of licenses and permits. However, many locals still see these as weak efforts to protect the land. There is also reluctance by officials to share information with NGOs, which increases the level of complications. The issue of corruption also cannot be written off, as a land owner we interviewed alleged that he had to pay the police to do their job of policing the land he owns.
NGOs like WALHI have plotted their own maps and narrowed down the companies who are doing the burning. However, it is hard for them to obtain data about the companies to link them up with big MNC’s as the companies are based overseas, in countries such as Singapore and Malaysia.
Kurniawan says this is where Singapore can come in, to supply information about the companies which they suspect are responsible for forest fires.

TOC’s “Clearing the Haze” series includes:

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Redditors question support for PAP over perceived arrogance and authoritarian attitude

Despite Senior Minister Lee Hsien Loong’s warning that slimmer electoral margins would limit the government’s political space “to do the right things”, many Redditors questioned their support for the ruling PAP, criticising its perceived arrogance. They argued that SM Lee’s remarks show the party has ‘lost its ways’ and acts as if it alone can determine what is right. Others noted that the PAP’s supermajority allows for the passage of unfavourable policies without adequate scrutiny.

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In a recent speech, Senior Minister Lee Hsien Loong warned that “if electoral margins get slimmer, the government will have less political space to do the right things.”

Mr Lee, who served as Prime Minister for 20 years, highlighted the risks associated with increasingly competitive politics.

“It will become harder to disregard short-term considerations in decision-making. The political dynamics will become very different,” he stated during his speech at the Annual Public Service Leadership Ceremony 2024 on 17 September.

“Singaporeans must understand the dangers this creates, and so must the public service,” SM Lee stressed.

SM Lee pointed out that Singapore faces formidable internal and external challenges in the years ahead, with rising expectations and demands from citizens.

As growth becomes harder to achieve and politics becomes more fiercely contested, he warned, “Things can go wrong for Singapore too.”

He urged vigilance in preparing for an uncertain future, noting, “As the world changes, and as the generations change, we must do our best to renew our system – to ensure that it continues to work well for us, even as things change.”

Critique of PAP’s Arrogance and Disconnect from Singaporeans

The People’s Action Party (PAP) experienced a notable decline in its vote share during the 2020 General Election, securing 61.24% of the votes and winning 83 out of 93 seats, a drop from 69.9% in 2015.

A significant loss was in Sengkang GRC, where the PAP team, led by former Minister Ng Chee Meng, was defeated by the Workers’ Party (WP).

In discussions on Reddit, some users questioned why they should support the ruling PAP, criticising the party’s perceived arrogance.

They pointed out that SM Lee’s recent remarks illustrate that the party has strayed from effectively serving Singaporeans and seems to believe it has the sole authority to decide what is right.

Others highlighted that the PAP’s super-majority in Parliament enables the passage of unfavourable policies without sufficient scrutiny.

One comment acknowledged that while many older Singaporeans remain loyal to the PAP due to its past achievements, younger generations feel the party has failed to deliver similar results.

There is significant frustration that essentials like housing and the cost of living have become less affordable compared to previous generations.

The comment emphasised the importance of the 2011 election results, which they believe compelled the PAP to reassess its policies, especially concerning foreign labor and job security.

He suggested that to retain voter support, the PAP must continue to ensure a good material standard of living.

“Then, I ask you, vote PAP for what? They deserve to lose a supermajority. Or else why would they continue to deliver the same promises they delivered to our parents? What else would get a bunch of clueless bureaucrats to recognise their problems?”

Emphasising Government Accountability to the Public

Another Redditor argued that it is the government’s responsibility to be accountable to the people.

He further challenged SM Lee’s assertion about having less political space to do the right things, questioning his authority to define what is “right” for Singapore.

The comment criticised initiatives like the Founder’s Memorial and the NS Square, suggesting they may serve to boost the egos of a few rather than benefit the broader population. The Redditor also questioned the justification for GST hikes amid rising living costs.

“Policies should always be enacted to the benefit of the people, and it should always be the people who decide what is the best course of action for our country. No one should decide that other than us.”

The comment called for an end to narratives that present the PAP as the only party capable of rescuing Singapore from crises, stating that the country has moved past the existential challenges of its founding era and that innovative ideas can come from beyond a single political party.

Another comment echoed this sentiment, noting that by stating this, SM Lee seemingly expects Singaporeans to accept the PAP’s assumption that they—and by extension, the government and public service—will generally do the “right things.”

“What is conveniently overlooked is that the point of having elections is to have us examine for ourselves if we accept that very premise, and vote accordingly.”

A comment further argued that simply losing a supermajority does not equate to a lack of political space for the government to make the right decisions.

The Redditor express frustration with SM Lee’s rhetoric, suggesting that he is manipulating public perception to justify arbitrary changes to the constitution.

Concerns Over PAP’s Supermajority in Parliament

Another comment pointed out that the PAP’s supermajority in Parliament enables the passage of questionable and controversial policies, bypassing robust debate and discussion.

The comment highlighted the contentious constitutional amendments made in late 2016, which reserved the elected presidency for candidates from a specific racial group if no president from that group had served in the previous five terms.

A comment highlighted the contrast: in the past, the PAP enjoyed a wide electoral margin because citizens believed they governed effectively. Now, the PAP claims that without a substantial electoral margin, they cannot govern well.

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Reforming Singapore’s defamation laws: Preventing legal weapons against free speech

Opinion: The tragic suicide of Geno Ong, linked to the financial stress from a defamation lawsuit, raises a critical issue: Singapore’s defamation laws need reform. These laws must not be weaponized to silence individuals.

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by Alexandar Chia

This week, we hear the tragic story of the suicide of Geno Ong, with Ong citing the financial stress from the defamation lawsuit against her by Raymond Ng and Iris Koh.

Regardless of who’s right and who’s wrong, this Koh/Ng vs Ong affair raises a wider question at play – the issue of Singapore’s defamation laws and how it needs to be tightened.

Why is this needed? This is because defamation suits cannot be weaponised the way they have been in Singapore law. It cannot be used to threaten people into “shutting up”.

Article 14(2)(a) of the Constitution may permit laws to be passed to restrict free speech in the area of defamation, but it does not remove the fact that Article 14(1)(a) is still law, and it permits freedom of speech.

As such, although Article 14(2)(a) allows restrictions to be placed on freedom of speech with regard to the issue of defamation, it must not be to the extent where Article 14(1)(a)’s rights and liberties are not curtailed completely or heavily infringed on.

Sadly, that is the case with regard to precedence in defamation suits.

Let’s have a look at the defamation suit then-PM Goh Chok Tong filed against Dr Chee Soon Juan after GE 2001 for questions Dr Chee asked publicly about a $17 billion loan made to Suharto.

If we look at point 12 of the above link, in the “lawyer’s letter” sent to Dr Chee, Goh’s case of himself being defamed centred on lines Dr Chee used in his question, such as “you can run but you can’t hide”, and “did he not tell you about the $17 billion loan”?

In the West, such lines of questioning are easily understood at worse as hyperbolically figurative expressions with the gist of the meaning behind such questioning on why the loan to Suharto was made.

Unfortunately, Singapore’s defamation laws saw Dr Chee’s actions of imputing ill motives on Goh, when in the West, it is expected of incumbents to take the kind of questions Dr Chee asked, and such questions asked of incumbent office holders are not uncommon.

And the law permits pretty flimsy reasons such as “withdrawal of allegations” to be used as a deciding factor if a statement is defamatory or not – this is as per points 66-69 of the judgement.

This is not to imply or impute ill intent on Singapore courts. Rather, it shows how defamation laws in Singapore needs to be tightened, to ensure that a possible future scenario where it is weaponised as a “shut-up tool”, occurs.

These are how I suggest it is to be done –

  1. The law has to make mandatory, that for a case to go into a full lawsuit, there has to be a 3-round exchange of talking points and two attempts at legal mediation.
  2. Summary judgment should be banned from defamation suits, unless if one party fails to adduce evidence or a defence.
  3. A statement is to be proven false, hence, defamatory, if there is strictly material along with circumstantial evidence showing that the statement is false. Apologies and related should not be used as main determinants, given how many of these statements are made in the heat of the moment, from the natural feelings of threat and intimidation from a defamation suit.
  4. A question should only be considered defamatory if it has been repeated, after material facts of evidence are produced showing, beyond reasonable doubt, that the message behind the question, is “not so”, and if there is a directly mentioned subject in the question. For example, if an Opposition MP, Mr A, was found to be poisoned with a banned substance, and I ask openly on how Mr A got access to that substance, given that its banned, I can’t be found to have “defamed the government” with the question as 1) the government was not mentioned directly and 2) if the government has not produced material evidence that they indeed had no role in the poisoning affair, if they were directly mentioned.
  5. Damages should be tiered, with these tiers coded into the Defamation Act – the highest quantum of damages (i.e. those of a six-figured nature) is only to be reserved if the subject of defamation lost any form of office, revenue or position, or directly quantifiable public standing, or was subjected to criminal action, because of the act of defamation. If none of such occur, the maximum amount of damages a plaintiff in a defamation can claim is a 4-figure amount capped at $2000. This will prevent rich and powerful figures from using defamation suits and 6-figure damages to intimidate their questioners and detractors.
  6. All defendants of defamation suit should be allowed full access to legal aid schemes.

Again, this piece does not suggest bad-faith malpractice by the courts in Singapore. Rather, it is to suggest how to tighten up defamation laws to avoid it being used as the silencing hatchet.

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