Purchases in Malaysia by Wilmar, the world’s largest palm oil trader, are helping fund deforestation in neighbouring Indonesia, to the benefit of a criminal businessman involved in shady land dealings
Wilmar International is helping
line the pockets of a firm linked to a high-level corruption case and ongoing
deforestation in Indonesia via several of its palm oil purchases in Malaysia, a
new Earthsight investigation reveals.
The world’s largest palm oil
trader, which counts Nestle (manufacturer of KitKat chocolate bars), Mars,
Unilever and Colgate-Palmolive among its clients, has been buying palm oil from
two firms in Sarawak, Malaysian Borneo. The Malaysian firms are part-owned by a
company that has cleared thousands of hectares of Indonesian forest for palm
oil cultivation on land taken from local communities illegally.
Via a Sarawak processing mill,
Bintulu Edible Oils Sdn Bhd (BEO), Wilmar purchased
palm oil in 2017 from Solar Green Sdn Bhd and Kumpulan Kris Jati Sdn
Bhd (KKJ). It continued to buy from KKJ in 2018.
Earthsight has discovered that
the two firms are partly owned by CB Industrial Product Holding (CBIP) – a
Malaysian firm caught up in a major land rights corruption scandal. Satellite
images reveal CBIP destroyed 1,126 hectares of forest in 2018 for palm oil
cultivation in Indonesia.
The corruption case, which
involved Indonesia’s most senior judge, featured in Earthsight’s Indonesia for Sale –
a series of in-depth investigative reports produced with Mongabay that exposed
corrupt practices and land violations in its palm oil sector.
Between them, Indonesia and
Malaysia are responsible for 85
per cent of global palm oil production and such a monopoly of the
sector has led to a devastating loss of forest in the two countries.
Indonesia saw almost 340,000
hectares of primary
forest wiped out in 2018, while Malaysia – roughly six times
smaller than its southern neighbour – lost 144,000 hectares in the same period.
Now, Earthsight can link the Malaysian
buying practices of industry giant Wilmar – a firm which enacted a no
deforestation policy in 2013 – as helping fatten the revenues and potentially
accelerate the deforestation being carried out by CBIP in Indonesia.
Gunung Mas lies in Central Kalimantan, one of five provinces on the Indonesian portion of Borneo.
Corruption & forest clearing
The frontline of CBIP’s
deforestation drive is in Gunung Mas, a remote district on the island of
It was there seven years ago that
CBIP, formed in 1980 as an engineering firm, became involved in a shadowy deal
to access Indonesia’s resource-rich land and found themselves intertwined with
a politician vying for control of the region.
In Indonesia, ‘money politics’ is
often at the heart of local elections. To help fund their campaigns as well as
for personal enrichment, politicians commonly distribute favours in return for
cash. In the country’s vast hinterlands, suspect land deals – mostly for palm
plantations – are one of the most lucrative areas for such graft.
Gunung Mas is no different. Ghosts
in the Machine – published in 2018, and one of three major stories
which formed the core of the Indonesia for Sale series – laid bare corrupt
dealings in the state, described how they reached the highest echelons of
Indonesia’s judicial system and exposed the dubious actions of CBIP.
CBIP entered into an agreement with
relatives and close associates of the then Bupati (elected head) of Gunung Mas
in 2012 to purchase from them a majority interest in four shell companies they
These firms were immediately
thereafter issued with oil palm permits by the Bupati, Hambit Bintih, for
almost 60,000 hectares of land: an area three times the size of Washington DC.
Much of the land was covered by dense forest, but the boundaries of the new
permits also encompassed the traditional lands of thousands of local people.
The process of issuing such
permits usually takes months, but by forgoing any environmental impact
assessment and not consulting affected communities, the illegal deals were
promptly passed. Locals were paid as little as 400 rupiah ($300) per hectare by
CBIP for land which was reportedly worth much more. One local described the
prices as ‘murder’.
CBIP, who entered the palm oil
plantation business in 2009 and had already faced a bribery
allegation over a permit deal, paid several million dollars for the
Gunung Mas concessions.
Cornelis Nalau Antun – Bintih’s
nephew and close business associate – helped broker CBIP’s permits and cannily
retained a minority share in the shell companies. Once developed into full
grown plantations, it is estimated he stood to profit to the tune of
For Bintih, who was seeking a second
term as head of Gunung Mas in 2013, the granting of permits to CBIP provided
him with vital funds to cement his electoral victory. Bintih was re-elected in
September 2013 but opposition parties cited foul play. To stave off opposition
legal challenges, Bintih needed his associates to grease the palms of
Indonesia’s highest judge.
Through the same individuals from
which CBIP purchased the shell companies, Cornelis among them, three billion
rupiah ($260,000) was to be delivered as a bribe to Indonesia’s Constitutional
Court Chief Justice, Akil Mochtar, to rule in Bintih’s favour.
However, when Cornelis and an
associate arrived at the judge’s residence in October 2013, they were not
alone. Indonesian authorities had been trailing Mochtar for months and they
swooped in before the $260,000 in cash could be handed over. The trio were
apprehended and Bintih was arrested hours later.
Even as criminal proceedings
swirled, CBIP maintained an active relationship with Cornelis, eager to
finalise outstanding payments for the shell companies. While Cornelis was on
trial, CBIP released $3.2 million to him and his partners to complete the
purchase of the shell companies.
Three days later on 27 March
2014, Bintih and Cornelis were
jailed for four years and three years respectively for their part in
the corruption. In June, Mochtar was
given a life sentence for money laundering and accepting bribes – he
made at least $4 million – from political candidates. Notwithstanding Bintih’s
electoral victory was later upheld and his deputy Arton Dohong became
In June 2014, CBIP agreed to buy
a fifth shell company owned by Cornelis, then in jail, and the deal was
completed in 2015. The permits awarded to CBIP and the source of the $260,000
of cash intended for the bribe were outside the scope of the investigation.
As the authorities turned their
attention elsewhere, CBIP ploughed ahead with deforestation in Gunung Mas.
The Wilmar connection
In order to reap the full profits
of his land dealings in Gunung Mas, Cornelis needs CBIP’s vast tracts of forest
and farms to be covered with mature crops producing profitable palm oil for
international markets. But to get there costs money. And some of that money is
potentially coming from Wilmar, and indirectly from consumers buying KitKats
and Mars bars made with its products.
CBIP sold a majority stake in
three of its five plantation firms in Gunung Mas in 2016, but the firm still
owns two of the plantations. According to its annual report, in 2017 CBIP spent
RM 45 million ($10.4 million) on bulldozing forests and farms at these
plantations. Earthsight analysis shows this included primary forest and ‘intact
forest landscape’, and that a further 1,126 hectares of land was cleared in
2018. With its earliest plantings coming close to bearing fruit, CBIP has also
recently opened a
palm processing mill nearby.
In order to fund the upfront
costs of the land clearing in Gunung Mas, the company can use the profits from
its businesses elsewhere, including the joint venture and associated companies
in Sarawak from which Wilmar is sourcing palm oil.
CBIP holds a 50 per cent stake in
Solar Green and 30 per cent in Kumpulan Kris. According to its annual report,
in 2017 CBIP made RM 12.9 million ($3 million) through the sale of palm oil
from its shares in its Sarawak plantations (including a third firm, Bahtera
Bahagia Sdn Bhd): a crucial source of hard currency with which to fund its
The processing mill which Wilmar
buys palm oil from in Sarawak, BEO, continued
to source from Solar Green in 2017 and from Kumpulan Kris throughout
2018, Wilmar’s own supply chain data reveals.
In continuing a buying
relationship with Malaysian palm oil providers part-owned by CBIP, Wilmar is
likely helping to fund the continued deforestation of primary forest in
Indonesia. It is also indirectly benefiting an individual found guilty of
high-level corruption and involved in the illegal theft of the land from local
Indonesian corporate records show that Cornelis Nalau Antun retains a minority stake in the two shell companies still majority owned by CBIP, and therefore stands to profit from development of plantations on the land.
Loopholes in ethical purchasing policy
The indirect relationship with
CBIP raises serious questions about the strength of Wilmar’s much publicised No
Deforestation, No Peat, No Exploitation (NDPE) policy that it enacted in 2013.
Wilmar promised not
to do business with firms which are involved in clearing forests, developing plantations
on peatland, or developing plantations in contravention of the rights of
indigenous and local communities. Supplier companies can be blacklisted if any
of their operations involve the banned activities, even if those operations do
not themselves produce palm oil sold to Wilmar.
Implementation has been patchy.
NGOs have repeatedly highlighted apparent breaches, leading Wilmar to drop
individual suppliers. In 2018, Greenpeace pulled together evidence of numerous
cases and alleged that Wilmar had still not fully investigated its supply
chains, five years after promising to do so. In response, in December 2018
an action plan stating it will fully map and monitor all suppliers by
the end of 2019. It also promised other improvements in enforcement of its NDPE
But no amount of improved
implementation will address the Gunung Mas case, since the policy does not
When presented with Earthsight’s
findings, in a written response Wilmar’s sustainability manager stressed that
“CBIP is not and has never been a supplier to Wilmar” and that KKJ is “not part
of the same group as CBIP”. They also stress that KKJ has been very supportive
of Wilmar’s NDPE policy and its operations in Sarawak verified with ground
visits. Wilmar acknowledge that CBIP holds a 30 per cent share in KKJ, do not
deny that CBIP is clearing forest in Indonesia, or deny that it may be helping
fund that using the profits from its share in KKJ. The problem is that none of
this contravenes Wilmar’s existing policy.
Sam Lawson, director at Earthsight, said: “This case
shows that Wilmar’s existing policies do not go far enough. If it really wants
to avoid driving deforestation either directly or indirectly, it needs to stop
buying from firms like those in Sarawak, where a company involved in
deforestation elsewhere holds a significant but not controlling stake.
“The case also suggests that palm
oil traders like Wilmar, and the consumer goods firms like Nestle, need to
consider expanding their policies on deforestation, peat and exploitation to
encompass corruption. Even if no forests were being bulldozed in this case, it
still wouldn’t be right.”
In a follow-up phone call with
Earthsight, Wilmar executives struck a more conciliatory note. They stated
that, alongside industry parties, they are considering possible revision of the
definition of corporate ‘group’ (on which the scope of their policy rests),
though it remains unclear whether any such changes will address cases such as
the CBIP one. Wilmar also stated that they intend to examine general corruption
concerns over its palm oil purchases but do not have the capacity to do so at
Earthsight also reached out to
CBIP and Nestlé for responses. Nestlé replied that it “is committed to Zero
deforestation and to achieve this we are working with all stakeholders
including suppliers. Wilmar is one of our palm oil suppliers and adheres to our
Responsible Sourcing Standard. After clarifying with Wilmar, CB Industrial
Product Holding (CBIP) is not and has never been a supplier to Wilmar.” CBIP
did not respond.