Konstitusi – MK) No. 35/2012 should be interpreted responsibly, so it does not provoke massive land claims within forest areas. These challenges are discussed further in Chapter 4.0 (this document).
sound management of natural resources, natural habitats as well as conservation of endangered species. Project activities will strive to promote good practices in forest management, including innovative ideas to protect environmentally sensitive habitats and enhance the project‟s positive impacts on the environment. Efforts for the identification of natural habitats will be done through existing safeguard mechanism such as High Conservation Value (HCV) studies that are commonly carried out for natural resource management programs.
3.2.3 OP 4.09 Pest Management
The Pest Management policy is triggered as proposed activities (components 1 and 2) may lead to acquisition, use and disposal of small quantities of pesticides (for short term use). The project will not procure or use pesticides and chemical fertilizers that are classified as IA or IB by WHO and GOI‟s regulations. J-SLMP and future ERP will encourage use of organic fertilizers for activities related to agriculture and agroforestry. However, since small quantities of eligible pesticides may be procured and used, the project will screen at the project level and when justified, assess the subsequent potential environmental and social impacts.
The project will not finance any pesticide without clear guidance and monitoring of safeguard specialists nor without targeted training on use, storage and disposal or without the right equipment and installations necessary for the products to be used safely and appropriately. The ESMF has incorporated an IPM guidance note (Annex 4) and Environmental Code of Practice (Annex 3) that every activity involving uses of pesticides or pest management is required to adopt.
3.2.4 OP 4.10 Indigenous Peoples
OP 4.10 is triggered since the activities under J-SLMP will be implemented in areas claimed by communities who can be categorized as Indigenous Peoples as per-OP 4.105 and therefore, may have impact on their claims and access to land and natural resources. Furthermore, some of the J- SLMP activities under the project may also be implemented in areas where there is co-existence between Indigenous Peoples and Adat communities and therefore, it is important to establish a robust community engagement strategy as well as fair benefit sharing processes to maintain stakeholders‟
traction and buy-in to the project activities. The project must be implemented in a culturally and socially appropriate manner when implementation concerns with Indigenous Peoples based on the principles of free, prior and informed consultations. J-SLMP communication and community engagement strategy must also ensure that target communities have a full and complete understanding of the initiatives proposed.
The ESMF applies to all communities with Indigenous Peoples characteristics6 regardless of the presence of legal recognition and therefore, the provisions of the OP 4.10 apply to address potential risks and protect the rights of these groups during J-SLMP implementation.
5These criteria include a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; b) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; c) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and d) an indigenous language, often different from the official language of the country or region.
6 In conjunction with OP 4.10, the term Indigenous Peoples in this document is used in a generic sense to refer to a distinct, vulnerable, social and cultural groups with the following characteristics in varying degrees: a) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; b) collective attachment to geographically distinct habitats or ancestral territories in the project area(s) and to the natural resources in these habitats
Application of the ESMF will not be conditional upon Adat recognition and therefore, will allow broader groups participating in J-SLMP and future ERP, including other communities who possess characteristics as per-OP 4.10. Requirements for screening and free, prior and informed consultations to obtain broad community support will be applicable prior to implementation of J-SLMP activities where Indigenous Peoples‟ claims exist.
Recognizing possible constraints that Adat communities may face in participating in project activities, facilitation and engagement with Adat communities will need to be tailored to enable these communities to benefit from the program.
In circumstances, where ERP activities may result in restricting the access of indigenous peoples to land use and resources, a Process Framework (PF) is provided by the ESMF to address such risk.
The purpose of the PF is to establish a consultative process by which communities potentially affected by restrictions on land and natural resources for conservation and protection purposes can engage in informed and meaningful consultations and negotiations to identify and implement means to mitigate impacts of access restrictions. The PF will be strongly tied to the ongoing GoI‟s program on Social Forestry and the broader Agrarian Reform Program, which are expected to benefit landless poor communities within and/or surrounded by forest areas.
3.2.5 OP 4.11 Physical Cultural Resources
Physical cultural resources include movable and immovable objects, sites, buildings, and a group of buildings, natural facilities and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic significance, or other cultural properties. The policy is triggered since proposed sub-project activities may have impacts on the use of and access to sites with potential cultural significance. This may be relevant with components 1 and 2 where sub-components and/or activities. Studies of Jambi report several important physical and cultural sites and/or kingdoms such as the megalithic artifacts in Kerinci District, Geopark in Merangin, Kerinci Lakes (Kaco, Duo, Nyalo, Lingkat, Kerinci, Gunung Tujuh), Merangin Lakes (Pauh Depati IV), and Temple complex in Muaro Jambi. Given the monarchy and colonial history of Jambi, undiscovered cultural sites are anticipated and as such it is considered that J-SLMP efforts of improving spatial planning and sustainable alternatives for communities may have potential impacts to the physical and cultural resources in Jambi.
3.2.6 OP 4.12 Involuntary Resettlement
OP 4.12 is triggered when there is a possibility that J-SLMP activities may result in access restrictions or restrictions of land use amongst forest dependent communities, including Indigenous Peoples as a result of formalizing forest boundaries and zones within FMUs. The project will not require land acquisition, which would result in direct involuntary resettlement and/or livelihoods displacement.
However, there may be residual risks of revocation of claims as a result of tenure regularization and/or conflict resolution, which may result in resettlement or livelihoods displacement. Such risks have been assessed as remote as the GoI seeks to adopt participatory dispute settlements through mediation and non-litigation approaches to address tenure issues.
and territories; c) customary, cultural, economic, social or political institutions that are separate from those of the dominant society and culture; and d) an indigenous language, often different from the official language of the country or region.
Land and forest tenurial conflicts have been and will continue to be a major concern for the overall social management of J-SLMP and future ERP operation. Such conflicts often involve Adat communities who have claims before establishment of Forest Areas (Kawasan Hutan) and issuance of forest concessions. Since 2012, Indonesia has mobilized significant efforts to identify existing tenurial conflict and other land-use and forestry related conflicts, as well as develop relevant policies and regulatory frameworks. J-SLMP will take into account an indicative tenurial conflict map that the GoI has developed, with an inventory of 201 conflicts, mostly in Sumatera (60.7%) and Kalimantan (16.4%). Such identification is currently on-going to further identify tenurial conflicts in forest areas through a joint assessment between the Government and communities, including Adat communities and identify ways forward to settle conflicts through consensus.
The ESMF developed under J-SLMP has incorporated a Resettlement Policy Framework (RPF) and Process Framework (PF) to mitigate potential resettlement and access restriction risks resulting from forest tenure settlements and boundary demarcation supported by project activities. These RPF and PF have been developed in conjunction with the current GoI‟s frameworks on forest tenure settlements,7 and will seek to address any gaps, particularly with regards to free, prior, and informed consultations with affected parties, compensation and livelihoods restoration. The RPF and PF are appended as a separate Annex (Annex 9) to the ESMF.
3.2.7 OP 4.36 Forests
The Bank's current forests policy aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty, and encourage economic development.
Key activities under J-SLMP may bring about changes in the management; protection and/or utilization of natural forests (e.g. support for NTFP and timber sub-projects). J-SLMP is expected to bring positive impacts on forest ecosystems through promotion of forest conservation, sustainable livelihoods, restoration of degraded lands, and protection and enhancement of ecosystem services and biodiversity. Conversion of primary forests is included in the negative list, and is therefore, strictly prohibited. The ESMP will outline key strategies to promote sustainable use of forest and mitigation of impacts and risks if the project activities are implemented and/or affect forest areas such as, but not limited to, forest restoration, plantations, non-timber forest products collection/processing and agro- forestry activities. The ESMF includes code of practice for community timber activities. The ERP may support harvesting operations conducted by small-scale landholders and/or by local communities under a community forest scheme if such operations have achieved an acceptable standard of forest management developed with meaningful participation of locally affected communities, consistent with the principles and criteria of responsible forest management as outlined in the ESMF.