The acceleration of issuing social forestry licenses will be facilitated by MoEF through the Directorate General for Social Forestry. There are currently six schemes of social forestry: Social forestry programs that will be promoted are Village forests (Hutan Desa), community forests (Hutan Kemasyarakatan), community-based timber plantations (Hutan Tanaman Rakyat), customary forests (hutan adat), title/private forests (hutan rakyat), and forest partnerships (kemitraan). The target of the social forestry program in East Kalimantan is 399,298 hectares delivered by 2024. The targeted area for social forestry is based on indicative maps for social forestry programs developed by MoEF (PIAPS). The facilitation will be supported by the Provincial Forestry Service through the working group of acceleration for social forestry, and by the FMUs.
4.1.2 Sub-Component 1.2: Dispute Settlement
The sub-component will accelerate the settlement of land tenure disputes involving claims by communities in forest areas. This process, which is an integral part of the national Agrarian Reform Program (TORA), will be facilitated and mediated by the Forestry Service with the guidance of relevant Ministries.
As part of program preparation, a participatory assessment, involving adat communities, will be conducted by sectoral agency (Forestry Agency, Estate Crops Agency). This will map existing and potential conflicts, identify existing mechanisms for settling land disputes between the government and adat communities, and assess indigenous traditions and knowledge for conflict handling and dispute resolution. The assessment will feed into the development of community-based conflict handling and resolution mechanism guidelines, produced in close consultation and with the consent from adat communities, and the Provincial and District Governments.
Each FMU identifies conflicts in forest areas and submits reports every semester to the Forestry Service and MoEF. The Plantation Office identifies conflicts in the plantation area every semester and submits reports to the Governor. The conflict complaint mechanism was also accepted by the FMU, the Forestry Service, the District / Provincial Plantation Service, the Environmental Service and the MoEF, which can be seen in more detail in the FGRM section.
The Provincial Forestry Service is in charge of mediating land tenure disputes in forest areas, and will conduct focus group discussions and consultations with relevant stakeholders, advancing and resolving disputes where possible.
To address overlaps of community activities with concessions that are near forest conservation areas, the ER Program will support forest conservation partnerships. These are regulated under Ministry Decree No P.83/2016 on Social Forestry, which aims to reduce conflict areas between communities and concession owners. Under the regulation, communities are allowed to partner with national parks and other conservation areas. This activity will be led by Provincial Forestry Service which conduct conflict mediation followed by livelihood development activities (described in Component 4).
The social forestry programs, introduced in 1.1.1, will be designed to reduce tenure conflicts in existing concession areas. By providing regulated access rights and livelihood opportunities, social forestry licenses are expected to reduce conflict. The Forestry Service will organize consultations with academics and other experts to develop the social forestry program as an option for dispute resolution. However, Forestry Agency will not be involved in conflict resolution outside the forest areas (estate crops and mining in other use areas). Conlficts in plantation and mining areas will be administererd by Plantation Agency and Environmental agencies respectively.
To address any overlapping areas between forestry and mining or estate crops, the program will seek regulations by the Governor to settle disputes. A governor regulation is being drafted and now being discussed by all sectors and stakeholders. The Economic Bureau of the Governor’s Office will lead the policy development and facilitate the process until the regulation is signed by the Governor by the end of 2018.
Conflicts will be further addressed through a number of mitigation actions, such as:
The development of joint decrees;
Supporting and refining existing local conflict handling protocols as well as time frame for comprehensive settlement;
Developing the FGRM which will include a mediation mechanism;
Identification of tenurial conflicts by FMUs;
Identification and assessment of existing conflict resolution mechanisms;
Enhancement of communication between community/customary leaders with company representatives related to the management of HCV areas; and
Capacity building of stakeholders including training for paralegals for community-based conflict handling mechanisms at provincial and district level.
Due to the nature of conflicts and disputes in different sectors (i.e., forestry, mining, and estate crops), a dedicated FGRM that allows cross-sectoral conflict and dispute resolutions will be needed. Thus, the ERP requires the FGRM to be established as part of its safeguard implementations.
4.1.3 Sub-Component 1.3: Support for the recognition of adat land
The ER Program will support the implementation of recent regulations concerning the recognition of Masyarakat Hukum Adat (indigenous peoples) and their territories. Specifically, the East Kalimantan Provincial Government will accelerate the recognition of customary rights and occupation of land inside forest areas, in accordance with the mechanism stipulated in East Kalimantan Regional Regulation No. 1/2015.
District and City Governments will establish Adat Law Community Committees, which form an important step in the adat recognition process. The Provincial Government, along with District and City Governments will implement Article 14 of East Kalimantan Regional Regulation No. 1/2015, which deals with reducing the number of conflicts between adat communities and the state, or companies.
The East Kalimantan Provincial Government, up to KPHs, and Regency/municipal governments, up to the Camat level, will be encouraged to actively identify adat territories through participatory mapping.
Forest Management Units will support this process by assessing and recording adat claims within the State Forest Area, as part of the process of carrying out social inventories within their boundaries.
4.1.4 Sub-Component 1.4: Strengthening village spatial planning
The ER Program will develop guidelines and regulations for integrating REDD+ activities into village spatial planning and will support the integration of emission reduction activities into village development plans. The activity will be carried out by the District Community Empowerment and Village Government Service (DPMPD), which will support communities in integrating REDD+ activities into village spatial and development plans. Facilitation will include community training to develop guidelines for village development plans and village spatial planning. The budget will be derived from district and provincial government budgets. The facilitation may be supported by development partners, such as WWF, Yayasan Bioma, Yayasan BUMI, TNC and TFCA.
The ER Program will build the capacity and skills of village institutions to integrate low emissions development planning into village development plans. At the village level, ER program activities will be integrated into village development plans. The establishment of Green Villages, or Kampung Iklim aims to reduce emissions based on village development plan. The activity will target 150 priority villages throughout the province. Specific ER activities that could be integrated into village plans include supervision of forested areas, community-based fire management, and other ER activities.
The East Kalimantan Community Empowerment and Village Government Service will lead the preparation of village spatial and village development plans. The activity will include trainings, consultations, and community meetings. Training will cover the development of village spatial land use plans. This includes development of village policies on land use. The plans will be designed in a participatory way with communities. The agreed plans will be submitted to the district governments for approval. Local academics and NGO representatives will be invited as resource persons and facilitators. The village plans will aim to reduce deforestation and forest degradation at the village level.
Expected Outcomes of Component 1 are:
Strengthened and more transparent Information Management and Documentation related to land-use licensing process
Permits for forestry, mining, and estate crops are reviewed and revoked where applicable, leading to clearer land-use boundaries
Land use boundaries are clarified as the forest area demarcation process is completed
The moratorium on licensing (Governor Regulation 1/2018) continues to be enforced, protecting forested areas potentially at risk of conversion.
Strengthened conflict resolution mechanisms contribute to improved land governance
Clear guidelines and regulations are in place for integrating REDD+ activities into village spatial planning
Customary forest and lands are identified through participatory mappings
Adat law communities and their territories are recognized
Key villages implement Forest Fire Management Plans leading to a reduction of fires
Villages incorporate ER activities into their spatial and village development plans (target 150 villages in 7 districts)