7.1 COMPONENT 1: FOREST AND LAND GOVERNANCE
7.1.2 Sub-component 1.2: Dispute settlement
Spatial data analysis shows risk of tenurial conflict between customary communities and production and protected forest areas. Management and resolution of conflicts both within forest estates and outside forest estates should be integrated in Governor/Provincial Secretariat (SEKDA). The summary of the conflict analysis for Sub-component 1.2 is provided in Table 27.
65 https://kalimantan.bisnis.com/read/20170510/408/652634/tertibkan-izin-pertambangan-kaltim-tetap-hati-
Table 27 Summary of analysis of issues related to Sub-component 1.2.
Issues Context Analysis Source of Data &
Information Rights to land
and territory;
Rights to use of natural
resources;
Recognition of traditional knowledge;
Occurrences of conflicts between communities and palm oil plantations (disturbances to
plantation); environmental pollution (e.g., mining effluent/contamination);
and access restriction due to forestry concessions.
In East Kalimantan until December 2017 there had been complaints consisting of 79 plantation disturbances (GUP) involving 61 companies. These complaint reports consisted of 57% tenurial conflicts and 43% non-tenurial conflicts.
Estate Crops Agency, 2017
Forest Governance
Need to handle cross- sectoral conflicts and overlapping allocations and concessions for palm oil and forestry
plantations
Study identified the FMUs and the MoEF are institutions that have the greatest responsibility for resolving forest conflicts (both at 57.41%), followed by district-level governments (44.44%) and the Ministry of Agrarian Affairs and Spatial Planning (MAASP), which has the authority for regulating and coordinating overall land use policies (39.22%)
The three levels of government (national, provincial and district) have the greatest influence on forest management.
Meanwhile, the NGOs serve a key role in extension and communication.
Concession holders can exert both positive and negative influence – positive if they manage their site effectively.
Communities have the most immediate and direct relationship to the forest in regards to economic and social benefits, and also for sustainability.
Fisher, et al. 2017. Managing Forest Conflicts:
Perspectives of Indonesia’s Forest Management Unit Directors. Research Article, Forest and Society. Vol. 1(1):
8-26, April 2017 GIZ & KLHK. Sept 2016.
Safeguard Information System for REDD+ in Indonesia.
Prevention of reversals
Tenurial conflict is often triggered by land dispute among concession or between concession granted by government and community especially indigenous people. It is widely known that the problem arise due to lack of spatial data as well as lack of coordination among agencies that has authority to grant permits.
Problem occured when concession overlap with comunal land or other concessions.
At the same time, there are problem of in-
effective supervision from
Prevention of reversal in term of dispute settlement can be done through enhancing cross-sector coordination among agencies in central, provincial and district government especially in term of granting permits or licences. Good coordination may result less overlapping on licenses.
Dispute is also need to be addressed carefully and control in term of time.
Delaying conflicts may triggered another problem such as further encroachment over dispute areas. In this case, the presence of government institution at site level is highly necessary such as FMU in forest area or District Estate Agency for non forest areal which obligate to solve conflict.
Anonymous .2016.
Supporting Forest Conflict Resolution in Indonesia through Mediation.
FORCLIME – Forest Governance Program in corporation with Ministry of Environment and Forestry and Working Group on Forest Land Tenure.
Deutsche Gesellschaft für Internationale
Zusammenarbeit (GIZ) GmbH.
Issues Context Analysis Source of Data &
Information relevant institution
especially in forestry and estate sector which lead to conflict.
Transparency and
accountability
Good governance leads to good forest
management practise.
Good governance is indicated by tranparency and accountability which may lead to public participation in any kind of development program in their proximity areas including in forestry and estate sector. Active participation from public will reduce conflict especially tenurial conflict in East Kalimantan.
Making forestry information like
concession boundaries available can help decision-makers make better, more informed decisions around land use, such as mining, logging and agriculture. This can reduce conflict arising from overlapping land claims, and decrease illegal logging by improving the capacity and timeliness of enforcement. It can also help quantify the ecosystem services provided by forests, and ensure that civil society has the information it needs to hold governments accountable to decisions.
Webb, J. 2015. Increasing Forest Transparency through the Open Government Partnership. Available at https://www.wri.org/blog/2015 /10/increasing-forest- transparency-through-open- government-partnership Accessed on August 13, 2019
Community participation;
Benefit sharing
Government of East Kalimantan has been accomodated public or community participation by issuing Governor regulation No. 26/2018 on SIGAP. It means that participation for any development activities are welcome including criticism. Using digital technology, a web-based channel has been created to absorb feedback as well as grivience from public.
Conflict in natural resources management is often associated with failure to involve various social elements of the community.
The role of government is providing regulation to accomodate all stakeholder (community and private sector) in term of natural resources management. Following exsisting regulation, public and community involvement in development agenda is conducted through hierarchical step starting from the lowest level (village), sub-district, district and province up to the national level. FGD and colsultation forum are used to absorb ideas and concern before formulated into program, activities or policies.
Peraturan Gubernur No.
26/2018 tentang Aksi Inspiratif Warga untuk Perubahan (SIGAP)
The table above indicates that dispute settlement is a response to tenurial conflict, governance risk (e.g., overlapping concessions), lack of participation, lack of access for FGRM and social exclusion.
Cases above also show that cross-sectoral conflict resolution or dispute settlement is needed in the context of ERP. East Kalimantan Province is looking into the possibility of setting up an integrated FGRM mechanism under the Provincial Secretariat (SEKDA). This is a good option for allowing cross- sectoral conflict mitigation and conflict resolution mechanisms in the province.
Currently, dispute settlement can be achieved through mediation by legal institution or by local leader.
Existing formal cases indicate that the disputes revolve aorund issues such as tenurial rights and compensation. Documentations of community agreements show that dispute types among local communities are more complex compared to the formal cases. Mediations need to be more intensive and continuous. Existing conflict resolution mechanism involves working group for tenurial conflict
resolution (forestry sector), task force for resolving disturbances to plantation (plantation sector), and task force for resolving environmental complaints (mining and other sectors).
Yasmi (2012) shows that at least three underlying and interrelated factors enable conflict: (i) contested statutory and customary tenure; (ii) exclusionary conservation and economic development policies; and (iii) poor coordination between land use planning agencies. The range of observed conflict management techniques (negotiation, mediation, coercion, avoidance) reflected varying power relationships and political contexts. The techniques’ success in all cases was relatively low due to the complexity of addressing tenure and exclusion issues. The results underline the need to involve local people in the design of the evolving REDD+ mechanism, as well as to ensure their rights and benefits.66
Based on analysis summarised in the table above, potential impacts on the implementation of Sub- component 1.2 are related to the following social aspects:
Land conflict occurrences;
The need for appropriate solution and conflict mediation; and
The need for institutional capacity building, including the need to increase public access to a mechanism for conveying complaints (FGRM).
Tenurial conflict issues may suggest the occurrence of social exclusion issues where there are unequal opportunities for local communities to utilise forest resources. Additionally, there are:
Risks for conflict between formal and traditional laws; and
Community concerns that are not accommodated in the program or activities due to the lack of a proper/accessible FGRM mechanism.
Data processing in spatial analysis shows that there are 200,437 ha of overlapping area between protected and production forest area and the area of Indigenous People. This overlap indicates a risk for conflict between Indigenous People and license holders. Spatial analysis was used to identify the risks of dispute settlement in Berau, Kutai Barat, Kutai Timur, Mahakam Ulu and Paser districts. Most of this risk area (66%) is in Mahakam Ulu District.