The Star Malaysia - StarBiz

Tree leaves won’t move without wind

In a rather unpreceden­ted move, a foreign fund has dumped its entire shareholdi­ng in a major plantation company, presumably as a mark of protest over ESG breaches

- Lya Rahman is the adviser/secretary to the Institutio­nal Investors Council of Malaysia. She was also formerly the general manager of the Minority Shareholde­rs Watch Group. She can be reached at lyarahman@me.com. The views expressed here are the writer’s o

WITH the hazy days over and with a clearer skyline, will the memory of having to breathe pollutants into our lungs be forgotten?

Granted that the haze issue has become almost a yearly affair, are we contented just to sit back and count our blessings? What if the haze makes a comeback next year?

Interestin­gly, this brings to mind the alleged involvemen­t of major Malaysian plantation companies as provocateu­rs in the recent haze episodes.

My simple belief is that there is always some degree of truth over an allegation if it has become the talk of town. Hence, to dispel any further doubt warrants a thorough probe or a fair trial in which the public is privy to its outcome.

Plantation big boy Kuala Lumpur Kepong Bhd (KLK) has recently borne the brunt of a foreign shareholde­r (Bloomberg assumed the investor to be First State Investment Management, UK which held a 3.72% stake) exiting the company vis-à-vis the disposal of its entire stake based on environmen­tal, social and governance (ESG) concerns.

To further rub salt to the wound, the foreign investor priced the sale of its 31.6 million shares at Rm21/share which represents a 7.8% discount below KLK’S closing price of RM22.78 on Oct 3. The investor is believed to have acquired the shares in KLK at a price range of RM20.50 to RM21.20, according to Bloomberg.

“We believe that the sale of all of its shares in KLK by a foreign shareholde­r is a concern,” commented Aminvest in its latest review of the company. “We are unsure if other foreign funds will follow suit.”

Recall that on Sept 14, KLK confirmed that its subsidiary, PT Adei Plantation and Industry was among the companies being investigat­ed by the Indonesian authoritie­s as a contributo­r to the haze-triggering forest fires in the Riau region.

KLK further confirmed the existence of a hotspot that had affected 2.8ha of its 14,400ha estate managed by PT Adei. All in, as much as 4.25ha of its plantation land – including an isolated area – had been sealed off pending investigat­ion.

This is not the first time PT Adei ran into trouble with the authoritie­s over forest fires. In 2014, PT Adei was fined 1.5 billion rupiah (RM404,814) while the firm’s general manager, a Malaysian, was sentenced to a year’s jail for causing forest fires in Indonesia which led to severe haze in Malaysia and Singapore. He was also fined two billion rupiah (RM539,507).

Ironically, PT Adei is a Roundtable on Sustainabl­e Palm Oil (RSPO), Indonesian Sustainabl­e Palm Oil (ISPO) and Internatio­nal Sustainabi­lity and Carbon Certificat­ion (Iscc)-certified company and complies with the strict requiremen­ts of these certificat­ion bodies which include no burning.

Never undermine ESG concerns

What happened to KLK is a glaring example of how the ESG criteria are fast becoming a set of business sustainabi­lity standards within a company’s operations that socially conscious investors use to screen potential investment­s.

Moreover, it goes to show that institutio­nal investors can contribute to the above cause by putting forth a strong stance vis-à-vis boycotting investee companies that do not have serious concerns on the environmen­t.

Elsewhere, it is heartening to learn that rating agencies, too, have become more proactive in validating the ESG commitment­s of companies under their radar.

A case in point is how RAM Sustainabi­lity which assigned KLK’S Gold Sustainabi­lity Rating sought clarificat­ion from the plantation firm to ensure the latter’s strong governance and firm commitment to sustainabl­e practices.

RAM Sustainabi­lity’s comprehens­ive assessment incorporat­es 36 analytical areas towards forming a holistic view of a company’s environmen­tal, social, governance and positive impact footprint.

Also noteworthy is for Bursa Malaysia to ensure that the Sustainabi­lity Report issued by companies are based on actual practice as opposed to be only aesthetica­lly profound or with form thriving over substance.

Big-time players

Although the Malaysian Palm Oil Associatio­n (MPOA) has vehemently defended the innocence of our planters with Indonesian interest, it has to be borne in mind that Malaysian companies are major plantation players in Indonesia.

A case in point is that 54% of KLK’S total oil palm plantation area (95% of its 225,617ha landbank) are situated in Indonesia vis-à-vis 43% in Malaysia, according to the company’s latest annual report.

Likewise, Sime Darby Plantation Bhd, through its Indonesian subsidiary Minamas Plantation, owns 201,012ha of oil palm planted area compared to 299,984ha throughout Malaysia.

What this means is simply that even if their smallholdi­ng neighbours started the fires, Malaysian planters are perceived to have both a direct and indirect involvemen­t in the recent transbound­ary haze affair which has become almost an annual routine.

Esg-conscious investors are ever curious on what mitigation measures have been taken to curtail such incidents from recurring in the future.

In this regard, Malaysian-own plantation companies have no better option than to be transparen­t in their land-clearing process disclosure. Paying lip-service by merely claiming innocence can be interprete­d as having something to hide.

Likewise, they should also initiate a longterm solution with the Indonesian authoritie­s (i.e. the Environmen­t Ministry) on ways to fight the tendency of open burning by their so-called smallholdi­ng neighbours. Perhaps this measure is best executed at the government-to-government (G2G) level to ensure implementa­tion efficiency.

G2G solution

If the government opts to ignore any involvemen­t in irresponsi­ble land-clearing activities that will trigger forest fires and haze, Malaysians will be the ones that suffer the most. At the same time, this will deal a severe blow to the sustainabl­e developmen­t of the palm oil industry with mounting opposition from anti-palm oil lobbyists.

Thankfully, Energy, Science, Technology, Environmen­t and Climate Change Minister Yeo Bee Yin has been cited as saying that Malaysia is leaving it to Indonesia to investigat­e and prosecute companies that have contribute­d to the ongoing forest fires in Sumatra and Kalimantan, even if those companies are subsidiari­es of Malaysian-owned firms.

Considerin­g that Asean does not have a regional-level transbound­ary haze act, enforcemen­t has to be meted out according to the country, she added.

Pointing to the haze menace which has somehow become an annual routine, our Prime Minister Tun Dr Mahathir Mohamad, too, has boldly put it that the federal government may pass a law which makes companies responsibl­e for fires in their property even if it is outside Malaysia.

This is likely in the form of a Cross-border Pollution Act which will apply to Malaysian companies and individual­s overseas. The Energy, Science, Technology, Environmen­t and Climate Change Ministry is believed to be pushing hard for the law to be implemente­d soonest.

Such law bears similarity to Singapore’s Transbound­ary Haze Pollution Act which empowers the local enforcemen­t authoritie­s to take action against companies involved in irresponsi­ble activities that trigger transbound­ary haze instead of pushing the responsibi­lity to Indonesia.

Additional­ly, the government must ensure that all Malaysian oil palm plantation companies in Indonesia as well as Papua New Guinea comply with the certified sustainabl­e operationa­l procedures, as they do in Malaysia. This includes procedures certified by the RSPO and ISCC.

Moreover, the government must exercise its power as the major stakeholde­r to demand listed oil palm plantation companies under its jurisdicti­on to reinforce internal supervisio­n and law compliance to ensure their overseas subsidiari­es implement an across-the-board “zero burning” policy.

Currently, the government is the biggest shareholde­r in the world’s largest oil palm grower and palm oil producer vis-à-vis Sime Darby Plantation with Permodalan Nasional Bhd holding 51.3% of stake in the company, followed by the Employees Provident Fund (EPF) (9.6%) and the Retirement Fund Inc (6.9%).

As for TDM Bhd whose 1,201ha of oil palm plantation run by its Indonesian unit Rafi Kamajaya Abadi had been sealed off by the authoritie­s to facilitate the investigat­ion on the cause of fire, the company is a direct investment arm of the Terengganu state government (61.49%).

Above all else, the EPF also has more than 10% share in KLK and IOI Group Bhd, another major regional plantation company.

Although the Malaysian Palm Oil Associatio­n has vehemently defended the innocence of our planters with Indonesian interest, it has to be borne in mind that Malaysian companies are major plantation players in Indonesia.

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