Community and indigenous rights in REDD in Indonesia

COMMUNITY AND INDIGENOUS RIGHTS IN REDD

HOW TO SECURE LOCAL RIGHTS AT NATIONAL AND GLOBAL LEVEL

Mina Susana Setra of AMANRights, Forest and Climate Change Conference, 15-17 October 2008

INDIGENOUS PEOPLES INDIGENOUS PEOPLES IN INDONESIAIN INDONESIA

INDIGENOUS COMMUNITIES IN INDONESIAMEMBER OF AMAN

105202 18

308921536

FOUR MAIN ELEMENTS IN IDENTIFYING INDIGENOUS PEOPLES IN INDONESIA

• Peoples : Entity, sprituality, values, manner, attitude which distinguish social group one to another.

• Territory : Land, forest, sea and other natural resources are not only seen from its economic values, but most related to religious system and social-cultural.

• Traditional Wisdom & Knowledge : Not only to preserve, but also to be enrich, develop as needed to sustainable lives.

• Rules and Social Arrangement (Traditional Law & Institution) : Many has been degraded and disregard to Human Rights and undemocratic.

DIRECT IMPACTS Extreme weather events : Prolonged Drought, Increased

Rainfall Water unavailability Floods and landslides (in Feb. 2007 alone : inundated 70.000

houses, displace 420.440 people, killed 69 people, lost US$ 451 millions, WHO)

Diseases (malaria, dengue, diarrhea, infection, respiratory effects)

Food Insecurity – decreased food production and increased hunger

In 2006, total areas in Indonesia of flood-affected rice fields were 66,400 hectares.

Between Octobers to December 2007 only, have inundated 68,277 hectares of

rice fields, of which some 6,676 hectares failed to be harvested.

Sea - Level RiseSea-level is currently increasing at 1-3 mm/year in coastal areas of

Asia and is projected to accelerate to a rate of about 5 mm per year over the next

century(Cruz et al., 2007).

THREATS FROM CLIMATE CHANGE

THE CLIMATE DOES CHANGEBUT, DOES IT CHANGE OUR BEHAVIOR ?

In the Past : UNDER THE NAME OF DEVELOPMENTIndigenous Peoples’ Territories has been looted because of its oil content, gas, coal, fertility for plantations.

Now : FOR THE REASON OF SAVING THE WORLD FROM GLOBAL WARMING

Again and more, Indigenous Peoples’ lands and territories become target of “solutions”. Result ? Expansion of monocrops plantations, carbon sinks, carbon emissions trading.

“Global warming which is a social and environmental problem has

become a business endeavor which offers opportunities to gain new property rights, assets and openings for capital

accumulation”

Victoria Tauli-Corpuz and Parshuram Tamang, UNPFII Report 2007

INDIRECT IMPACTS : INITIATIVES TO MITIGATE CLIMATE CHANGE

1. Alternative Energy to replace Fossil Fuel Expansion of Biofuels, Agrofuels Plantation

Commodity Intelligence Report December 31, 2007

Indonesia is forecast to produce 18.3 million metric tons of palm oil in 2007/08

Province Allocated Land (Ha)

South Sumatra 1,000,000

Lampung 500,000

Jambi 1,000,000

Bengkulu 500,000

North Sumatra 1,000,000

Aceh 340,000

Riau 3,000,000

West Sumatra 500,000

West Kalimantan 5,000,000

South Kalimantan 500,000

Central Kalimantan 1,000,000

East Kalimantan 1,000,000

Central Sulawesi 500,000

South Sulawesi 500,000

North East Sulawesi 500,000

West Papua 3,000,000

Total 19,840,000

According to the Department of Agriculture, there are 27 million ha. of unproductive forestlands in Indonesia suited to conversion to oil palm, while no less than 19,840,000 Ha of land have already been slated for oil palm development in provincial government land use plans (Sawit Watch and Forest Peoples Programme, 2005).

INITIATIVES TO MITIGATE CLIMATE CHANGE

2. Reduce Emission from Deforestation and Forest Degradation (REDD)

Indonesia Forestry Review

INITIATIVES TO MITIGATE CLIMATE CHANGE

2. Reduce Emission from Deforestation and Forest Degradation (REDD)

Indonesia Forestry Review More than 59 million hectares of forest area has changed into critical land (Forestry Department, 2005)

RegionDegradation

(000 ha)Deforestation

(000 ha)

Java 339 648

Kalimantan 15,814 10,931

Maluku 2,349 1,033

Bali-Nusa Tenggara 173 257

Papua 4,539 3,136

Sulawesi 4,561 1,915

Sumatera 9,185 9,951

INDONESIA 36,960 27,871

Rate of land cover change (000 ha/year) 2,640 1,991 Source: FWI (Forest Watch Indonesia) analysis on the overlay of NFI maps (1996) and interpretation of the images of Landsat7 ETM+ (2003); Figures are rounded to thousands.

The rate of forest cover change in Indonesia, 1989-2003

2. Reduce Emission from Deforestation and

Forest Degradation (REDD)Indonesia Forestry Review

a. The Logging Concession Permit (IUPHHK-HA)Illegal logging accounted for up to 70% of total timber production in 2000. Demand for wood fiber exceeds legal supply by 35-40 million cubic meters per year, due to massive expansion of the plywood, pulp and paper production sectors, particularly within the past decade. Ministry of Forestry reported that in 1993 the number of logging concession permit in natural forest (IUPHHK-HA/as known as HPH) which actively running is 575 units with the area of 61.70 million ha. This number then significantly decreased to 303 units with the area of 28.10 million ha up to August 2006.

2. Reduce Emission from Deforestation and

Forest Degradation (REDD)Indonesia Forestry Review

b. Timber Plantation Permit (IUPHHK – HT)Begin in 1996, the areal and numbers of IUPHHK-HT area has experienced a significant increased. However, this extension hasn’t followed by the productivity of plants in that area. The realization of planting in 1996 was only 50% and instead decreased to 43% in 1997, and last remained to 32% in 1998. While in 2006, the planted area of this plant forest was only 2.88 million ha if compared with the target of 10.2 million ha based on the licenses issued by the government.

2. Reduce Emission from Deforestation

and Forest Degradation (REDD)Indonesia Forestry Review

C. Development of Oil Palm PlantationAccording to the Department Of Agriculture, there

are 27 million ha. of Unproductive forestlands in

Indonesia suited to conversion to oil palm, while no less than

19,840,000 hectares of land have already been slated for oil

palm development in provincial government land us

plans (Sawit Watch and Forest Peoples Programme, 2005).

2. Reduce Emission from Deforestation

and Forest Degradation (REDD)Indonesia Forestry Review

Forest Conversion for Mining Concession Up to now, the licenses issued by ESDM (Mineral Resource Energy) are about 1,830s licenses (KK, KP & PKP2B) with the total concession area of 28.27 million ha. 150 licenses are located in the preserve forest and conservation forest areas with total of 11 million ha. (JATAM – Indonesian Mining Network, 2006).

The threat of conversion to preserve forest and conservation forest areas is also comefrom Oil and Natural Gas Mining (MIGAS). Up to 2006, Department of ESDM has issued 202 licenses of MIGAS blocks (offshore and onshore). From those, there are 68 blocks (about 1.8 million ha) overlapping with 45 Conservation areas such as NationalPark, Nature Preservation, Animal Preservation, Ecotourism Park and Jungle Park. The Data of Indonesia Petroleum Contract Area Map : Status June 2006.

INITIATIVES TO MITIGATE CLIMATE CHANGE

2. Reduce Emission from Deforestation and Forest Degradation (REDD)

DOES IT POSSIBLE ?

COMPLEXITY OF PROBLEMS IN THE FUTURE OF REDD

EXAMPLE FROM INDONESIA National Issues There is no formal recognition of the Rights of Indigenous Peoples

No specific data on Indigenous Peoples – Indigenous Identity has always been questioned

Overlapping of Laws/Policies/Regulations (Plantation Law, Mining Law, Agrarian Law, Forestry Law, Indonesian Constitution etc)

Conflict of Interest among Department in the Government (agriculture & Plantation, Forestry, Mining and Energy, National Agrarian Body, Environment and Conflicts between central and local govt.)

Corruption in the Govt. Institution, from national to local level.

Economic Development to much rely on the exploitation of natural resources.

COMPLEXITY OF PROBLEMS IN THE FUTURE OF REDD

EXAMPLE FROM INDONESIA Local Issues

Free, Prior and Inform Concern (FPIC)

Indigenous Territory VS State’s. Administration Border

Mix communities (Indigenous, Local, Transmigrant) – could raised overlap land claims.

Weakening of Customary Institutions – Govt. establish other local institutions to represent the communities.

Refusal from the community on REDD based on their experience with previous International initiatives (protected areas, conservation areas, national park etc)

REMAINING CONCERNS ON THE IMPLEMENTATION OF REDD

How to ensure FPIC ?

Who will have benefit ? From who ? If the community will have the benefit, in what form ? How will the arrangements be ? Who will arrange ? Who will have the authority and responsibility ?

Is there any guaranty that the community will still own the forest as well as having access to use forest products ?

How to ensure REDD won’t divided the community and create conflicts ?

Who will negotiate with the community ? Government ? Other party ?

How far the international talks on REDD will influence Voluntary Market ? Since the voluntary market seems moving faster then the UN etc.

OTHER CHALLENGES TO REDD

Other Initiative from Climate Change Mitigation Bio/Agrofuels

Contra productive and threat to REDD. Facts, bio/agrofuel plantations (oil palm, soy and sugar cane in other countries) is one of the major caused of deforestation.

How are this 2 initiatives will get along together ? While the REDD initiative is discussed, the expansion of plantation keep destroying remaining forests – the demand from consumer still very high.

While the expansion of oil palm plantation keep going, the old problems are still remaining (intimidation, deception, violence, kidnapping, murder, arrest, land grabbing, environmental damage etc)

REDD vs BIO/AGROFUELS CONFLICT

More challenges in bio/agrofuels leading countries whose also keen to have REDD funds

First, Initiatives and projects related to climate change should employ right-based approach. Therefore, all initiatives and projects related to Climate Change should adopt the UN Declaration on the Rights of Indigenous Peoples, as it sets out minimum standard to promote and protect Indigenous Peoples’ Rights.

CONCLUSIONREDD IS IMPOSSIBLE, UNLESS SOME

PREREQUISITES ARE FULFILLED

All initiatives and projects related to Climate Change should encourage and provide space for indigenous peoples to develop mitigation and adaptation alternatives based on their indigenous knowledges and practices.

CONCLUSIONREDD IS IMPOSSIBLE, UNLESS SOME

PREREQUISITES ARE FULFILLED

The international discussions have to change its focus to more crucial issues : - Political willingness to cut emissions from industrial countries. - Address the real caused of deforestation.

CONCLUSIONREDD IS IMPOSSIBLE, UNLESS SOME

PREREQUISITES ARE FULFILLED

“THANK YOU, TERIMAKASIH”

Photo Credits :• Edy Sutrisno, Sawit Watch• Jimmy, WWF West Kalimantan• Lilis Suryani, Institute Dayakology• Forest Watch Indonesia• Rukka Sombolinggi, AMAN• Colin Nicholas• Walhi West Kalimantan• Sujarni Alloy, AMAN West Kalimantan• Mina Susana Setra