Securing Rights For REDD- Strengthening Forest Tenure For Indigenous Peoples and Forest Dependent Communities
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Securing Rights For REDD- Strengthening Forest Tenure For Indigenous Peoples and Forest Dependent Communities






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    Securing Rights For REDD- Strengthening Forest Tenure For Indigenous Peoples and Forest Dependent Communities Securing Rights For REDD- Strengthening Forest Tenure For Indigenous Peoples and Forest Dependent Communities Presentation Transcript

    • Securing Rights for REDD:Strengthening Forest Tenure for Indigenous Peoples and Forest Dependent Communities ANDIKO Coordinator Program on Legal Reform Huma ( Parallel Working Group 1 Friday, 29 May 2009, 13:30-16:00 Working Group 1: Governance and Regional Initiative (Batur Room) Organized by World Resources Institute The 8th Meeting of the Asia Forest Partnership & AFP Dialogue Melia Nusa Dua Bali, Indonesia, 27-28 May 2009 1
    • Pressures From Other Sectors 2006 2007 2008 Oil PalmPlantations Planned Planned Planned Existing Expansion Existing Expansion Existing Expansion TOTAL 6.495.147 19.840.000 7.417.379 22.123.600 7.866.070 24.407.200 Mining Concessions By 2006, there were 2,556 mineral and coal mining permits in Indonesia, including: 400 in South Kalimantan 500 in East Kalimantan 127 in South East Sulawesi 190 in Baru-Morowali- Central Sulawesi 2
    • Forest Tenurial Conflick The official Forest area of Indonesia, including coastal conservation areas, is 127 million hectares (not including areas in Riau and Central Kalimantan). Forests are classified According to function: production forest, protected forest, conversion forest etc. According to status: State forest & Rights forest (non state forest).Only 10% of the State forest zone has been in gazetted in accordance withforestry regulations (legal & legitimate). Between 40 and 60 million people live inside the state forest zone, most of them are members of indigenous peoples and live in poverty. 3
    • Forest Problems 4
    • Answers to the Forestry Problems 5
    • Peoples Participation in Forestry Policy 3) peasantry (petani pedesaan) 4) industrialist (urban) Subsistence (Daily Needs) Trading Village Forest, Social Forestry, Community “Adat “Forest   Tree Plantation   1) hunter and gathers, 2) pastoralists (beternak), 3) horticulturalists (bercocok tanam) 6
    • Community Tree Plantations:“The Drunken Master technique ofBureaucracy for the people” 1. Determining a Suitable Area for a Community Tree Plantation requires: Approval from nine government departments, with a total of 25 steps. 2. Obtaining a Permit for this Area requires approval from ten government departments and 29 steps. (Kartodiharjo, 2009)
    • MPR Decree A Comprehensive Solution Number IX year 2001 1. Agrarian and natural resources management has caused regarding environmental degradation, imbalanced claims, problems of land agrarian ownership, problems of land use, problems of land exploitation, and many conflicts. reform and 2. There are many laws on natural resources and agraria which are natural overlapped and contrary to each other. 3. Fair, sustainable, and environmentally friendly natural resources resources management should be done in a coordinated and integratedmanagement way. This is also meet the dynamics and aspirations of the public and ensure their participation in solving the conflict.1. Review the laws on natural resources and 1. Agarian reform should be concerned with restoring land agraria claims, land ownership, land use, and natural2. Restoring the control, resources/agrarian exploitation. It is in order to achieve ownership, land use & the certainty of law and law protection, equity and utilization prosperity for all Indonesian people. (landreform) 2. Natural resources management on land, sea and space3. Conflict Resolution must be done optimally, fairly, sustainably, and in an environmentally friendly way. 8
    • Conclusions1. The Forestry sector is under external pressures (from other sectors) and faces internal problems. This causes problems to implement REDD, partial and non integrated management plans.2. Attempts to deal with forestry problems up until today have been through trying to improve the management of forestry (law enforcement), but have not touched tenurial problems, such as the Sungkup-Melawi case (encroachment of forest area versus adat rights).3. Rights recognition and certainty of indigenous peoples/local communities over their customary tenurial areas is important in terms of REDD implementation. If these aspects are not clear, will REDD create new problems, or will it be a tool to strengthen local community rights?4. Voluntary market REDD is putting carbon as a new trading commodity. The regime of contract law will likely repeat the history of commodity business contracts (oil and gas-mineral and coal mining) with its many problems. 9