Indonesia's Dramatic Shift In Forest Policy

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Category: IP/IP Rights                                                                          Date: July 20, 2011

Indonesian Government Announces Dramatic Shift In Forest Policy; Commitment To Rights Of IPs, Communities

 13 July 2011 

Indonesian Government announces dramatic shift in forest policy; signals commitment to expand rights of communities, indigenous peoples

As major forestry conference opens in Indonesia, high-level government leaders commit to implement traditionalrights lost since colonial era

During a riveting keynote speech given at a global forestry conference in Lombok today, Kuntoro Mangkusubroto, head of the Indonesian President's Special Delivery Unit, announced the government's intention to prioritize the needs of its forest communities and to "recognize, respect and protect Adat rights," implementing legislation that has been on the books for ten years, but rarely implemented.

"This represents a tipping point in Indonesia's policies toward the rights of the people who live in and around the nation's forests," said Pak Iman Santoso, coordinator of a group of experts from government, academia and civil society that has worked to resolve the nation's forest tenure issues for the last ten years. "Because Pak Kuntoro represents the President, this means that all government agencies will have to align their policies with the directives communicated today."

The speech by Pak Kuntoro follows speeches made yesterday by Vice President Boediono and Minister of Forests Zulkifli Hasan, both of whom suggested a significant change in policy that they communicated to a global audience at the Lombok event, which is co-organized by the Indonesian Ministry of Forestry, Rights and Resources Initiative (RRI) and the International Tropical Timber Organization (ITTO).

Ibu Myrna Safitri, Coordinator of the Civil Society Coalition and an expert on tenure rights, welcomed the government's intention to finally address the land tenure crisis. "But the goal should be to resolve conflicts and address inequities in forestry and land tenure for poor farmers, and recognize the rights of indigenous peoples to forests," she said.

The new commitments announced this week followed distribution on Monday of government certificates to allocate 89,000 hectares of forest, almost doubling the land currently under community-based forest management-a move that was welcomed, but seen as inadequate by Indonesian CSOs, as it still represents less than 1% of Indonesia's forests. "Some people say that we need more land allocation for this purpose," Pak Kuntoro said. "I say this is a step in the right direction."

Pak Kuntoro said that the government would move immediately to take action in two areas, which both aim to tackle the lack of coordination across government agencies in addressing forest tenure policies.

• "First, we must urgently develop one map as the basis for all decision-making to be used by all ministries and government institutions," Pak Kuntoro said. "Stakeholders, including indigenous communities, will be encouraged to provide input through a transparent and participative process."
• Second, Pak Kuntoro said, "We must accelerate the delineation of the legal status of the nation's forest area, guaranteeing the recognition of Adat customary rights." He clarified that only some 12% of the nation's forest area has been legally delineated, and that the existing land law, the so-called Tap MPR IX established in 2001, gives clear legal basis and direction for these reforms. He added that all future action on land use should be based on the principle of "recognition, respect and protection of customary Adat rights," and that this recognition should take place before the allocation of state land for other uses. Pak Kuntoro noted in particular a recent government finding that 33,000 villages, about 20% of all villages in Indonesia, are located within forestlands claimed by the government as part of its Forest Estate. "So, it can be argued as illegal because they live on state land," he said. "However, people from the village will claim that they have lived there for generations.

"Because of this, land tenure conflicts happen and can create uncertainty for development purposes."

Pak Kuntoro has been working to reform the civil service and is responsible for the government's programs on climate change and governance. "My role has enabled me to look cross-sectorally, across walls, to make sure that things happen on the ground," he said. "I want to ensure that the President's Special Delivery Unit lives up to its name - delivers."

The conference addressed by Pak Kuntoro brings together researchers, policymakers, and Asian forest community leaders to focus attention on the fundamental role of local control and improved forest governance in alleviating poverty, expanding legal, sustainable forestry, and reducing emissions from deforestation and forest degradation or REDD, an initiative whose long-term implementation is still in negotiations.

Pak Kuntoro said that the government'sclimate change policies also will respect customary Adat rights, including the implementation of a recently enacted moratorium on forest concessions, under the terms of an agreement with Norway to reduce deforestation and slow climate change. He added addressing the "complexities of land tenure" is a prerequisite for us to achieve the nation's economic growth and the nation's climate change goals.

A former government official noted that the tone of the speech and the status of the speaker suggests how seriously the government is taking the land rights issue. "We all heard Pak Kuntoro say that what is needed now is implementation," said Pak Boen Purnama, who has served as Secretary General of the Ministry of Forestry. "And that suggests it's not all talk."