INDO RAYON SHUT DOWN AND WHAT HAPPEN TO INVESTOR?MORE DEBT AGAIN

http://tbn0.google.com/images?q=tbn:xr3K7RQs52H-HM:http://www.targetwoman.com/image/cash-loan.jpgWHY COMMON PEOPLE
SHOULD PAY FOR PRIVATE
SECTORS’ BAD DEBTS?
Export Credit Agencies’ Roles in Environmental and
Social Destruction through Investment of Pulp and Paper
Sector in Indonesia
By Avi Mahaningtyas
Background Information
􀁸 Seven existing pulp and paper mills operating in Sumatra since
1990s belonging to Barito Pacific Group, Raja Garuda Mas (APRIL),
Sinar Mas (APP) and Kiani Kertas. The four groups have been
severely affected by the 1997 economic crisis. This is just a tip of
the iceberg for the public to see huge financial and ecological mess
in this industry.
􀁸 All mills did not have sufficient fiber supply from the promised online
plantations despite the fact that the Government of Indonesia
has made a pre-requisite requirement in the regulations that each
pulp mills must harvest their wood supply from pulp plantations.
Only 8% of supplies from 1988-1999 came from plantations, the
remaining 92% supplies of 100 million m3 came from unclear
sources. There is strong indication that the mills receive woods from
illegal logging from surrounding, mainly Sumatran rainforests.
􀁸 Rate of deforestation in Indonesia is at least 1.7 million hectares
annually. The World Bank estimated 2 million hectares per annum.
The later also stated that the Sumatran low land forest would be
vanished in 2005 if concerned parties continue to exercise weak
legal enforcement and impunities to curb forest destruction.
􀁸 In all cases, the establishment of pulp mills and plantations sparked
social conflicts, conversion of primary forests, violation of human
rights and military involvement. (Cases of Inti Indo Rayon, Arara
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Abadi, Tanjung Enim Lestari, Indah Kiat, Lontar Papyrus and most
recently Toba Lestari Indah). These cases also indicated heavy
corruption, collusion and nepotism among governments agencies,
military, business communities, middle men, capital owners and
community members who are often forced to cut trees for survival.
􀁸 Weak financial regulations in Indonesia had made possible for
owners of pulp and paper companies to borrow money from their
own banks. (Asia Pulp and Papers owns Bank International
Indonesia with bad debts = 1,3 billion US$ ; APRIL owns Unibank)
􀁸 Since the 1997 Reformasi, under the pressure of International
Monetary Fund, Indonesia has agreed to implement moratorium on
new conversion of forestland. However, the scenario of industrial
practices adopts business as usual mode. Research and observation
in the fields show that designated land for pulp plantation has been
shifted to oil palm. Communities are told to plant oil palm. Low price
on pulp trees have discouraged farmers and community to knit join
venture with companies for pulp trees trading.
Did all of the above facts affect the decision making process
within the international financial institutions such as ECAs?
􀁸 The above facts did not seem to be taken into account by export
credit agencies. Profit oriented and short term gain without sound
estimate on the supply side and sustainable business practices.
􀁸 The ailing and destructive companies such as APP and APRIL don’t
seem to give enough lessons for ECAs. A new establishment of pulp
mill in South Kalimantan is underway and already created
controversy. The owner of the company is Probosutedjo, the
stepbrother of Suharto, the former president of Indonesia, and is
facing court case for misuse of state’s fund for reforestation.
Observation from the field shows that the plantation will not be able
to sustain the production.
􀁸 Indonesia Bank Restructuring Agencies have been dragging its feet
in resolving the bad debts and stopping further destruction of
Sumatra forests and livelihoods of millions of communities. None of
the owners of these companies are held responsible for violation of
government’s law and regulations on forest conversion ban, human
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right violation and stealing hard tropical timbers to feed the pulp
machineries. None of the owners of the pulp companies signed any
personal guarantee for debt restructured under IBRA. Most recently,
IBRA has pressured the government to forgive the company owners
by issuance of Release and Discharge letter. Basically, these people
can walk free and guaranteed by the government after stealing
money from the International Monetary Funds.
The Case of Asia Pulp and Paper (APP)
􀁸 APP Ltd, a holding company based in Singapore, owns Indonesia’s
largest pulp and paper producers that mothers four major
companies: Indah Kiat, Lontar Papyrus, Pindo Deli and Tjiwi Kimia.
It also operates the same business in China and India. Indah Kiat
and Lontar Papyrus run mills and plantation in Sumatra. The group
also own palm oil plantation and food production.
􀁸 Pulp production: 2,3 million tones. (Compare the increase of
production: 750,000 tones in 1996)
􀁸 Forest Concession: estimated about 1 million ha forest concession
(including: logged over and primary forests, sometimes in areas
protected by customary laws and national laws).
􀁸 Asia Pulp and Paper Ltd announced that they could not pay their
debt and interests in 1999. APP total debt is 13,4 billion (instead of
the companies formal statement of 12,4 billion US dollars) borrowed
from 300 different creditors from all over the world who most
probably was convinced to lend money by considering the
magnitude of support from some export credit agencies from
Canada, Switzerland, Spain, Japan, Germany, Finland and United
States.
􀁸 Because of the company’s bad debt of 1,2 billion USD to the Bank
International Indonesia (owned by the same tycoon that owned
APP), the Indonesian Bank Restructuring Agencies stepped in to
keep the company going. (until now IBRA has never done any
assessment of debts that they took over).
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􀁸 Although the law forbids the government to guarantee private debts,
the banking regulations in Indonesia stipulates that teth government
guarantees all monies deposited in Indonesian banks. The
government had to guarantee the payment of all deposits of BII
clients amounting mega trillion of rupiahs; about 50,000 people will
have to lose jobs.
􀁸 IBRA had paid all interests and capital debt taking from the state
national budget (derived from tax payers and loan from World Bank
as Indonesia has a deficit budget. Each Indonesian has to pay about
7 USD).
What happened to APP, owners and ECA’s?
􀁸 Under heavy pressures from bad publication and international NGO
campaign, APP commissioned an audit in 2001. AMEC was selected
as the leading audit company despite the fact that some auditors
work as consultant to the company. AMEC is currently the advisors
for APP’s forest department.
􀁸 Audit results revealed that the mills are facing serious problem of
lack of supply from legal source. However, APP campaigned to
obtain fresh fund for expansion promising that they will be largely
supplied by their plantation by 2007 (this time frame keeps moving
and now they said to be sustainable in 2015.)
􀁸 The owners of APP are not held liable and could possibly repurchase
the companies cheaply in an auction. (Look at APRIL case:
auctioned in Singapore, 11 February. No further data.)
􀁸 APP’s proposal for debt restructuring was turned down by creditors
in recent attempt to mend good relationship and corporate image
among consumers.
􀁸 The ECAs and creditors are fighting their ways to get the money
back. APP has consistently show reluctance to do anything with
paying its debts.
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What ECAs are expected to do?
􀁸 Undertake independent review or evaluation on their project in
Indonesia looking into the ecological and social impacts of their
supported investment.
􀁸 Implementing stringent environmental and social standards that
prevent the practice of using double standard.
􀁸 In the case of pulp and paper: stop investment and conversion of
forest land (as Indonesian has implemented moratorium on new
conversion).
􀁸 Compensation scheme should be done to victims (communities and
labors), and take into consideration of job losses as implication of
industrialization.
For more information please contact:
NADI
Attn: Avi Mahaningtyas and Novi
nadi2001@cbn.net.id
Jl. Rawajati Timur V/no: 10A
Jakarta 12750
Ph/fax: ++62 21 797 3387

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