Balinese tourism development resistance (fwd)

Robert Johnson (johnsorl@COLORADO.EDU)
Sun, 5 Mar 1995 23:50:25 -0700

BALINESE SEEK SUPPORT TO HALT DEVELOPMENT AT TANAH LOT TEMPLE

Many Balinese have written requesting publicity and support for their
attempts to halt the Tanah Lot development and others of its type. Because
of the impossibility of getting full information through the press after
last year's closure of Tempo, DeTik and Editor, they urgently request
dissemination of information and expressions of protest and concern from
outside. Several groups in Europe, the United States and Australia have
begun letter writing campaigns. Please send letters indicating opposition
to the project on environmental, social, cultural and religious grounds and
calling on the government to review the designation of the 21 Tourism Zones
to the following:

President Suharto, Istana Merdeka
Jalan Merdeka Selatan, Jarkata Pusat, INDONESIA

Joop Ave, Menteri Pariwisata Pos dan Telekomunikasi
Departmen Parpostel, Jl. Kebon Sirih No. 36, Jakarta Pusat INDONESIA

I Wayan Sudhiksa, Ketua Dewan Perwakilan Rakyat Daerah (DPRD) Tingkat I,
Denpasar, Bali, INDONESIA

Letters to the Editor, Bali Post, P.O. Box 3010 Denpasar, Bali,
Indonesia 80001

Points which could be made in your letter:

- The Balinese public at large is opposed to the location of the project
near a sacred site and to the culturally insensitive kind of development it
represents. They fear it is part of a process that will destroy Balinese
culture and that they will find themselves marginalised in their own land
like the indigenous people of Hawaii.

- That this development is inconsistent with the fundamental principle of
respect for religion under the five principles of the Indonesian nation,
PANCASILA.

- It is the forerunner of several similar projects planned for the island
which will dispossess farmers, divert agricultural land and irrigation
water to serve these resorts and spell the end of Balinese control over
local development. 12 new golf courses are planned for the island and
more than 1,000 hectares of riceland are being removed from production
every year for tourist, residential and infrastructure 'development'. One
academic at Udayana University has calculated that the recent declaration
of 21 tourist zones (kawasan wisata) by the Governor of Bali would enable
half of the productive land on the island to be given over to this type of
residential-resort development.

- The Tanah Lot project is a form of development that is also inconsistent
with the proclaimed 'cultural tourism' model which was supposed to define
appropriate development for the island. The new style of development
threatens to destroy the very uniqueness which is what makes Bali such an
attractive tourist destination.

[For further information on the Tanah Lot case, see: Margot Cohen, 'Trouble
in Paradise', Far Eastern Economic Review 15 May, 1994; The ABC Radio
National programme 'Indian Pacific' on 13 August, 1994 carried a program
by Peter Mares called 'Bali: the Last Outrage' including a number of
interviews with Balinese opposed to the project- Tapes of the programme
are available from ABC Radio Box 9994 Melbourne, Australia 3001 ( Fax No.
03 640 3063). For general background to tourism development on the island
see J. McCarthy, Are Sweet Dreams Made of This? Tourism in Bali and Eastern
Indonesia IRIP P.O. Box 190 Northcote 3070 Australia]. )


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BALINESE FARMERS AND STUDENTS JOIN FORCES AGAINST TANAH LOT PROJECT


The last issue of Inside Indonesia carried an interview on the Tanah Lot
controversy in Bali ('The McDonaldisation of Bali', December, 1994). United
opposition to this project on environmental, social, cultural and
especially religious grounds led to unprecedented demonstrations in the
early part of 1994. Following these and an outpouring of emotional public
response in the local press, the regional parliament (DPRD) suspended
construction. Soon afterward, the National Hindu Organisation, the Parisada
Hindu Dharma, issued a religious decree (Bhisama) concerning the sacred
space surrounding temples. It declared that ritual prohibitions on
activities that might pollute this 'zone of sanctity' preclude location of
the resort complex within a two kilometer radius of any temple of the
religious significance of Tanah Lot. Many hoped this would prove the
decisive blow to the project, given the importance of religious tolerance
to maintaining national unity.

Two subsequent events, however, radically altered the balance of forces in
the Tanah Lot case. On 12 February, 1994, following a sudden change of
military command, the army cracked down on the largest demonstration to
date (an estimated 5,000 people). Several students were hospitalised in the
incident, ending open public demonstrations of this kind. On 21 June, 1994
three national weeklies - Tempo, Editor and DeTIK - had their licenses to
publish removed for political criticism, indicating how vulnerable the
media still is to the arbitrary exercise of central government power.
Already muted by government pressure since February, the expression of
critical public opinion was effectively muzzled when the announcement of
the resumption of the project came in September.

The press release announcing resumption of the Tanah Lot project makes it
appear that significant concessions had been made. According to it, the
Environmental Impact Assessment Commission requires that the 'essence' of
the Bhisama ruling be observed by relocating dwellings away from the temple
and planting a green strip to screen the project from view of the temple.
However, the 2 kilometer radius set by the Bhisama is not to be respected.
In fact, a letter from the Minister for Investment Coordination
(Sesdalopbang) indicates that the government was taking it upon itself to
circumvent the Bhisama by applying a concept of local customary law -
'Desa, Kala, Patra'. This is an inappropriate use of a concept which is
supposed to guarantee the autonomy of local communities and was neither
discussed nor agreed to by the signatories of the Bhisama. According to
subsequent reports, the Parisadha has not accepted this interpretation of
its decree and opponents of the project remain adamant that it must be
stopped. Here we publish translations of subsequent responses by opposition
student and farmer groups, appealing to the regional parliament to rescind
the approval.

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Letter from the Forum of Balinese Hindu Students to the DPRD (Regional
Parliament) replying to the 13 September announcement that the Bali Nirwana
Resort development at Tanah Lot will proceed.

To the Honourable Head of the DPRD Bali

Om Swastyastu,
Connected with the developments in the BNR case, we the Generation of
Hindu Youth declare:

1) Tanah Lot Temple is a Dang Kahyangan Temple of importance to all Bali
and therefore the BNR project must honour the prohibition on development
within a 2 kilometer radius [apeneleng alit].

2) We protest strongly against the Governor's decree No. 442 of 1994 which
ratifies the BNR environmental impact assessment (Amdal) because it has not
been publicised and agreed to as we were promised by Professor Muladi
(member of the Human Rights Commission).

3) The concept of Desa Kala Patra has been mis-interpreted with the
intention of permitting the BNR to go ahead. [Desa Kala Patra is an adat
concept which refers to local autonomy and variation in customary practice
-It is supposed to refer to variations determined by local communities, not
central authority; and it would apply to local village institutions, not
an island-wide shrine such as Tanah Lot].

4) We have deep concerns about the BNR, because if this project is
accepted, others of the same kind will also obtain permits with negligible
advantages to the welfare of the Balinese public. On the contrary, the
sacrifice will be borne by Balinese in the form of environmental damage,
extremely rapid urbanisation that exceeds Bali's capacity, threats to
sacred places and to the protection of Balinese culture.

5) Nor is it clearly specified whether the 501 apartments/residential units
will be built. We object to this development because the construction of
apartments will undermine the prospects of small hotels in Bali.

6) Not all the 121 hectares of land noted in the Amdal have been legally
resumed.

7) Have the social, economic and cultural /religious values of the Hindu
people been guarateed prtoection under the new Amdal [Environmental Impact
Assessment]?

8) In response to the aspirations we expressed on 18 June 1994, the DPRD
Bali stated its commitment to support and carry out the 'BHISAMA KESUCIAN
PURA' [Proclamation on the Sanctity of Temples].

9) In view of point 8, we demand that the DPRD Bali refuse to rescind its
letter no. 1993 466.2/85/DPRD suspending temporarily the BNR development
project. We request that the DPRD fulfill its commitment to the letter and
should there be any transgression of these principles, the DPRD must be
prepared to act strongly to cancel the BNR.

10) We demand the action of the DPRD on the principles outlined above
because the DPRD is the representative of the people of Bali.

19 September, 1994
Forum Mahasiswa Hindu Bali.
Dewa Rai Anom, Coordinator

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Letter and declaration to the Head of the Regional Parliament (DPRD Bali)
from 96 land holders in the locality of the BNR development project :

Tanah Lot, Purnama Kapat [20 October, 1994]
To the Honourable Head of the DPRD Tk I Bali, Denpasar

Om Swastiastu,

With this letter, we as members of the congregation of Tanah Lot temple and
land owners in Desa Beraban, Kecamatan Kediri, Tabanan affected by the
project for developing a tourism zone at Tanah Lot, particularly the Bali
Nirwana Resort project, wish to convey the problems we have experienced
since the inception of the aforementioned development plan.

Since that time we have experienced insult, force, deceit and circumvention
of our civil rights in the process of the resumption of our lands affected
by this project. For these reasons, we have emboldened ourselves to call
upon you as our representatives in the struggle to achieve our aspirations
to assist in the resolution of the problems we have experienced.

We are grateful for your attention and assistance.

Om Shanti Shanti Om,
Signed, The Community of Landholders in the BNR Development Zone

cc: Military and police units, Governor, Bupati, Regional parliament, Hindu
Association, NGOs, Media

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DECLARATION BY THE COMMUNITY OF LANDHOLDERS IN THE BNR DEVELOPMENT COMPLEX
: (20 October, 1994)

We the people of Desa Beraban, Kecamatan Kediri, Tabanan wish to make
public the events that have befallen us since the plan to build the tourism
development that took over the ricelands we inherited from our ancestors.

Before the arrival of the Tanah Lot tourism complex, specifically the Bali
Nirwana Resort (BNR) now being built, we had a more than sufficient
livelihood from the produce of our ricelands, so that we were able to
school and satisfy the other needs of our families. The technical
irrigation system was built from the self- help efforts of our own
community and officially opened by President Soeharto in 1969. In fact, on
that occasion the President himself gave assistance and advice that this
fertile land should be managed well and protected to insure food
sufficiency.

This area, which possesses a natural and undegraded landscape, based on
fertile ricefields, an extremely well organised subak [irriigation
association] system, beaches and the Dhang Khayangan Temple of Tanah Lot
that to this day is supported and its sacredness protected by all the
faithful, has attracted tourists from within and outside the country to
appreciate the unspoiled panorama, all the more impressive with the magic
and beauty of the setting sun.

With the plan to build the tourism complex in the same location as our
ricefields, we were requested by the regional government to free up our
ancestral lands for the national interest.

In fact, we were frightened and in our hearts did not wish to give up our
ancestral land that had been inherited from generation to generation and
that had satisfied our needs all this time. But because, as citizens of a
nation to which we are committed, and wanting to offer something to the
nation, we agreed and trusted that for the national good our ancestors also
understood and accepted this.

But when we ultimately discovered that the development to be carried out
in our village was privately owned, we wanted to refuse and hold on to
these lands, because on them are temples whose sanctity we must protect and
preserve. And that land too is our hope now and for the future.

But what do we ordinary people count for? We who were so firghtened by the
threats, especially from the Head of the Tabanan Regional Government to the
extent of warning 'Not only your land, your breath too I control', and...
and also saying 'If you don't want to take this compensation, you can go
to the courts to get your money.' Words such as these frightened us, all
the more coming from a regional government official.

And the cutting off of irrigation water at the instruction of that official
forced us to accept. It also should be known, that among us are some who to
this day have not given in and taken that money, but their lands too have
been flattened by the big machines.

We as a community of worshippers feel called upon to defend the sanctity of
the temple whose boundaries have been defined by the Bhisama of the PHDI
[Parisada Hindu Dharma]. Furthermore the promises to protect sacred
buildings within the complex have not been fulfilled with the destruction
of a ricefield shrine belonging to one of our members without warning or
permission.

In consequence of the insult, deceit, pressure and transgression of rights
we have experienced, we appeal to you as our representatives, because we do
not know where else to appeal. And we request:
1) That we be given back our land, so that we no longer feel we have
commited wrong toward the inheritance we have received.
2) That we be left to manage this land and to carry out our ceremonies in
peace and tranquility as before.
3) That we be left to look after the land of our ancestors with care, as we
inherited these responsibilities, so that we and our families are not
faulted for the wrong and improper use of these ancestral lands.

Declared by us so that you may know the thruth concerning our feelings that
until now have not been formally expressed.

Respectfully,
Community of Landholders in the BNR Development Complex (96 signatures)

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STATEMENT OF THE COMMITTEE AGAINST THE BNR - (December 1994)

The establishment of Tourist Zones in Indonesia generally and particularly
in Bali is causing major negative effects on the environment, economy,
society and culture of the region and for the people at large. This has
become clear with the decision to establish 21 such Tourist Zones in Bali,
among them the tourist zone of Tanah Lot that to this very moment is
causing increasing unrest among the people, including those both directly
and indirectly affected by its negative impacts.

The DPRD Bali (Regional Parliament) promised to struggle to support the
aspirations of the people concerning the development at Tanah Lot where the
resumption of irrigated sawah has been tainted by deception, force,
disrespect and subversion of the rights of the people, as expressed by the
villagers of Beraban. Added to this have been the efforts to cover up the
Environmental Impact Assessment (ANDAL) concerning the development at BNR,
that is supposed to be distributed widely as a 'public document'

Given the above mentioned situation, we demand:
1) That the DPRD Bali immediately carry out its promises to deal properly
with the problems mentioned according to the aspirations of the people.
2)That the Environmental Impact Assessment (ANDAL) of the BNR be cancelled
because of improprieties connected with this cover-up.
3) That the additional Tourism Zones, especially the Tourism Zone at Tanah
Lot, be cancelled.


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SUMMARY OF EVENTS RELATED TO TANAH LOT DEVELOPMENT (BNR)

o November/December1993 - an article in the Bali Post announced land
clearance for the Bali Nirwana Resort, a Bakrie project at Tanah Lot
(17/11/93). There had been no public consultation regarding the project and
the legal requirement for Environmental Impact Assessment (AMDAL) had not
yet been completed; nor had all land owners agreed to the sale of their
property. It was followed immediately by emotional letters to the editor
objecting to the development (29/11/93) asking readers to reconsider
whether any further expansion of tourism was worth the ruin of Bali's
environment (4/12/93) and urging the preservation of the island's natural
beauty and 'most importantly the sacredness of its temples' (20/12/93). An
example of these: 'I keep asking why the conglomerates find it so easy to
get permits to scoop up the area of Tanah Lot which is so sacred to us...
To the powerholders in Bali, don't be taken in by the dollar or rupiah
that has made you so easily give permits to the conglomerates to take over
our religious sites. From one angle the government is asking the people of
Bali to transmigrate with the excuse of reducing the population, while from
another You open the door as wide as possible for the conglomerates.
Haven't you ever measured how small this island of Bali that we cherish
really is?' (21/12/93).

o December /January 1993-4 - The Giliran Anda ('Your Turn') column in the
Bali Post published comments from the public on the project over a four
week period. These were almost unanimously opposed to the development on
religious, cultural, economic and environmental grounds.0/1/94).

o January/February 1994 - Students led protest demonstrations and marches
to the regional parliament (DPRD) and the Governor's office, sit-ins,
poetry readings, and prayer meetings at Tanah Lot Temple. They sent a
delegation to the national parliament, met with opposition party leaders
and the head of the national Legal Aid Institute. Their demonstrations were
supported by several academics from a culturally oriented association of
scholars, the Society for Balinese Studies (LPBB).

o 21 January 1994 - The Regional Parliament (DPRD) called for a temporary
suspension of construction on the BNR until the religious issues
surrounding the project could be resolved.

o 25 January, 1994 - Parisada Hindu Dharma, the national Hindu
organisation, issued a 'Bhisama' (religious pronouncement) which interprets
traditional religious texts regarding the sacred space surrounding temples
and declares that ritual prohibitions on activities that might pollute this
'zone of sanctity' preclude the construction of the BNR project within a
two kilometer radius of the temple of Tanah Lot.

o 12 February, 1994 Following a sudden change of military command, the
army cracked down on the largest demonstration to date (an estimated 5,000
people), chasing some of them into a Denpasar temple, Pura Jagat Natha.
Several students were hospitalised, ending public demonstrations of this
kind.

o 21 June, 1994 Three national weeklies - Tempo, Editor and DeTIK - have
their licenses to publish removed for politicalcriticism, indicating how
vulnerable the media still is to the arbitrary exercise of central
government power. Already muted by informal pressures since February,
critical coverage in the Bali Post virtually ceased after the bannings.

o 9 August, 1994 It was announced that the controversial Golden Garuda
Monument (GWK) project had been approved.

o 12 September, 1994 The long-awaited review of the BNR Environmental
Impact Assessment (AMDAL) by the regional government's EIA Commission had
been presented and the announcement was made that it too would proceed. The
press release announcing resumption of the Tanah Lot project makes it
appear that significant concessions had been made. According to it, the
Environmental Impact Assessment Commission requires that the 'essence' of
the Bhisama ruling would be observed by relocating dwellings away from the
temple and planting a green strip to screen the project from view of the
temple. However, the 2 kilometer radius set by the Bhisama is not to be
respected. In fact, a letter from the Minister for Investment Coordination
(Sesdalopbang) indicates that the government was taking it upon itself to
circumvent the Bhisama by applying a concept of local customary law -
'Desa, Kala, Patra'. This is an inappropriate use of a concept which is
supposed to guarantee the autonomy of local communities and was neither
discussed nor agreed to by the signatories of the Bhisama. Critics also
believed that the claimed elimination of 'condominiums' from the project
was simply a play on words and that the residential accommodation, whose
advanced sale was subsidising some of the construction costs, would go
ahead under some other guise.

o 20 October 1994 Farmers whose lands had been resumed for the project
declare their opposition and call for the cancellation of BNR.

Construction of an equally controversial project of the same type as the
BNR at Sakenan Temple is also scheduled to begin (as yet without any public
announcement) in early 1995. Bambang Suharto has interests in this
development.
cw