PHYSICAL CULTURAL RESOURCES AND CHANCE FINDS PROCEDURES FOR

PHYSICAL CULTURAL RESOURCES AND CHANCE FINDS PROCEDURES FOR

INDONESIA’S REDD+ READINESS PREPARATION

Prepared for:

DIRECTORATE GENERAL OF CLIMATE CHANGE MINISTRY OF ENVIRONMENT AND FORESTRY (KEMENTERIAN LINGKUNGAN DAN KEHUTANAN)

GD. MANGGALA WANABAKTI BLOK IV LT. 6 JL. JEND. GATOT SUBROTO JAKARTA

OCTOBER 2019

TABLE OF CONTENTS

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1.0 INTRODUCTION ... 1

1.1 BACKGROUND... 1

1.2 OBJECTIVE ... 1

1.3 LEGAL FRAMEWORK ... 1

2.0 PHYSICAL CULTURAL RESOURCES MANAGEMENT ... 2

2.1 PRINCIPLES, ETHICS, AND RISKS ... 2

2.2 RISK MANAGEMENT AND INTERNAL CONTROL... 2

2.2.1 Technical Risk ... 2

2.2.2 Procedural Risk ... 3

2.3 PHYSICAL CULTURAL RESOURCES MANAGEMENT PLAN ... 3

2.3.1 Comprehensive Assessment ... 3

2.3.2 Physical Cultural Resource Management Team ... 3

2.3.3 Developing Project Impact Mitigation Plan on Physical Cultural Resources ... 4

2.3.4 Capacity Building ... 4

2.3.5 Socialization of Project Impact Mitigation Plan ... 4

2.3.6 PCRMP Implementation ... 4

2.3.7 Monitoring and Evaluation ... 4

3.0 MANAGEMENT PROCEDURES FOR PHYSICAL CULTURAL RESOURCES DISCOVERY... 4

4.0 AUTHORIZED OFFICIALS ... 1

5.0 CLOSING STATEMENT... 1

1.0 INTRODUCTION

1.1 BACKGROUND

Reducing Emissions from Deforestation and Forest Degradation (REDD+) is a low carbon development incentive mechanism that is believed to realize social justice and environmental sustainability. REDD+

implementation requires a protection mechanism to minimize and/or avoid the negative impacts arising from its implementation. Implementing a Safeguard Framework in implementing REDD+ policies is a global agreement produced through the Convention on the Parties (COP) Convention on the Climate Change Convention in 2010.

Safeguards are security instruments used to mitigate negative impacts on the community and the environment due to the implementation of programs or projects. The concept of safeguarding REDD + covers a variety of issues, including the transparency of national forest management structures;

participation of various parties; respect for the knowledge and rights of indigenous peoples and local communities; conservation of biodiversity and natural forests; emission displacement; and the risk of returning from emission reduction.

To complete the ERPD BioCF, Jambi provinces need to prepare Physical Cultural Resources and Chance Finds Procedures (PCR-CFP), which involve the parties in the drafting process. Therefore, it is necessary to hold meetings with various relevant parties to capture and receive the latest input from relevant parties in Jambi.

1.2 OBJECTIVE

The preparation of the PCR-CFP aims to:

▪ Protect physical cultural resources from the adverse impact(s) of the Project and support preservation; and

▪ Promote fair sharing of benefits from the use of Physical Cultural Resources (PCR).

1.3 LEGAL FRAMEWORK

The PCR-CFP refers to several regulations, international best practices, and internal guidelines of the Company, including:

▪ Law of the Republic of Indonesia Number 32 of 2009 concerning Environment Protection and Management;

▪ Law of the Republic of Indonesia Number 11 of 2010 concerning Cultural Conservation;

▪ Government Regulation Number 27 of 2012 concerning Environmental Permit;

▪ Regulation of the Minister of Environment and Forestry Number 17 of 2012 concerning Guidelines for Community Involvement in the Process of Environmental Impact Analysis and Environmental Permit;

▪ IFC Performance Standards;

▪ Good Corporate Governance Guidelines;

▪ Code of Conduct;

▪ Risk Management Guidelines;

▪ Company’s Policy Preparation Guidelines;

2.0 PHYSICAL CULTURAL RESOURCES MANAGEMENT

2.1 PRINCIPLES, ETHICS, AND RISKS

The PCRMPrefers tothe applicable principles, including:

▪ Prudent so that the risk of damage can be assessed, measured, monitored and controlled, and adequately mitigated;

▪ Participatory involvement of local communities by providing input, suggestions, and opinions in managing physical cultural resources;

▪ Collaboration with the authorized agency becomes an obligation to ensure that the physical cultural resources get proper management;

▪ Professionalism in conducting mitigation measures to reduce larger risk to physical cultural resources through the implementation of International Best Practice in each project site;

▪ Fairness for all stakeholders in utilizing the findings of physical cultural resources at the project site;

▪ Transparent and accountable in managing the benefits of physical cultural resources that is fair to all parties and as an effort to comply with good governance; and

▪ Sustainability by ensuring that the physical cultural resources shall be managed well for the sake of next generation.

2.2 RISK MANAGEMENT AND INTERNAL CONTROL

The implementation of the PCRM is inseparable from the presence of risk, and as such, the implementer needs to managerisksthat are likely to occur and take mitigation actions against the various types of risks, namely:

2.2.1 Technical Risk

This risk is usually caused by lack of technical capacity of the implementer in technical management or caused by human error that can lead to the negative impact on physical cultural resources, such as damage, destruction, etc. To mitigate the technical risk, the implementer of PCRM need to get proper training, or capacity building on a regular basis in rotation so that they can easily understand and comply with the procedures.

2.2.2 Procedural Risk

This risk arises due to ignorance of the procedures that have been established and/or lack of socialization of the procedures. This type of risk can also arise due to the length of the procedures taken that needed a long time in decision making. As a result, the implementer may make their own decisions without involving the relevant stakeholders.

This risk can be mitigated by conducting routine socialization for the implementer related to the relevant mechanisms/process flow, and reform the organizational bureaucracy, and involving the stakeholder.

2.3 PHYSICAL CULTURAL RESOURCES MANAGEMENT PLAN

The document will explain how to mitigate the impact of the Project on physical cultural resources around the Project design plan as stated in World Bank’s OP/ BP 4.11, but there was no explanation about its management efforts. This document aims to provide guidelines on efforts to manage existing physical cultural resources and the potential for chance finds of physical cultural resources around the Project.

The management plan for the physical cultural resources that have been identified can be done through the following:

2.3.1 Comprehensive Assessment

The ERPD team should develop a sensitivity map of physical cultural resources document.This map has become the basis of the overall process of identifying physical resources around the project involving experts, relevant government agencies, and local communities, particularly traditional leaders and land owners.This assessmentaimsto:

▪ complete the pre-existing data related to physical resources that already exist and are identified and/or that have not been identified; and

▪ Appraisal of the value of each existing physical cultural resource.

In the preparation of thisassessment, if necessary, public consultations that are more focused on identifying physical cultural resources will be held.

2.3.2 Physical Cultural Resource Management Team

In order to implement the Physical Cultural Resources Management Plan, the appointed consultant and/or Jambi Forestry Agency/Bappeda needs to establish a Physical Cultural Resources Management Team, whosefunction is to:

▪ Accelerate the comprehensive assessment process of physical cultural resources;

▪ Coordinate and consult with stakeholders regarding physical cultural resources;

▪ Develop a mitigation plan from the impact of the project on physical cultural resources;

▪ Conduct socialization of project impacts mitigation plan on physical cultural resources; and

▪

This team should include members from appointed consultant, representative of Jambi Forestry Agency/Bappeda and Ministry of Environment and Forestry, NGOs,experts in physical cultural resources, relevant government organizations, andlocal traditional leaders.

2.3.3 Developing Project Impact Mitigation Plan on Physical Cultural Resources

As a follow-up ofthe comprehensive assessment, it is necessary to develop a project impact mitigation plan on physical cultural resources.

2.3.4 Capacity Building

In order to increase the capacity of team members, the Project Implementing Unit will facilitate the team through training or workshops by presenting experts.

2.3.5 Socialization of Project Impact Mitigation Plan

The Project Impact Mitigation Plan on physical cultural resources that have been compiled must be socialized to the project implementing unit who work at the project site to prevent any unintended impacts to physical cultural resources in the Project area.

In addition, socialization is also carried out to communities who live around the location of physical cultural resources to prevent any unintended impacts. The involvement of the community to preserve the existence of these cultural resources is also necessary.

2.3.6 PCRMP Implementation

The PCRMP can be implemented based on the results of the assessment and mitigation plan of the physical cultural resources in the Project area. The example of activities of the PCRMP implementation might include: (1) Fencing of physical cultural resources; (2) move physical cultural resources affected by the Project; (3) erecting a sign or notice board to avoid disturbance or damage by workers and others.

2.3.7 Monitoring and Evaluation

Monitoring and evaluation of the PCRMP can be done by the Team monthly for checking the existing physical cultural resources and if needed, the activity in involving the cultural leader. Evaluation will be conducted bi-annually due to the physical cultural resources have a high sensitivity index. The evaluation could be review of the existing procedure, mitigation activity, etc. If needed the evaluation process involve consultation with stakeholders.

3.0 MANAGEMENT PROCEDURES FOR PHYSICAL CULTURAL RESOURCES DISCOVERY

With the potential of physical cultural resources around the locations of the Project, there is a possibility for chance finds of physical cultural resources during various phases of the Project. To prevent any unintended impacts of any activities of the Project on physical cultural resources, the Project Implementing Unit will develop a Chance Finds Procedure (CFP) for physical cultural resources.

PHYSICAL CULTURAL RESOURCES MANAGEMENT CHANCE FINDS PROCEDURES If, during the course of the ERP implementation, any unmapped physical cultural resources are found, the Project Implementing Unit must:

1. Stop the construction activities in the area of the chance find;

2. Delineate the discovered site or area;

3. Secure the site to prevent any damage or loss of any removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities take over;

4. Prohibit the taking of cultural heritage objects by workers or other parties;

5. Report the discovery of physical cultural resources to the relevant Heads of Village and local cultural leaders;

6. Report the discovery of the cultural heritage objects to the Physical Cultural Resources Management Team;

7. Notify all sub-project personnel and take initial protection measures;

8. Record chance find cultural relics and take the necessary initial protection measures;

9. Physical Cultural Resources Management Team to immediately inform the responsible local authorities and the relevant Archeology Institute (within 1x24 hours or less);

10. Local authorities would be in charge of protecting and preserving the site before deciding on the subsequent appropriate procedure. A preliminary evaluation of the findings will be performed by the Regional Archeology Institute;

11. The decision on how to handle the finding(s) shall be taken by the responsible authorities. This could include changes in the layout or timeline of the project to ensure conservation, preservation, restoration, and/or salvage of the resource;

12. The implementation for the authorities decision concerning the management of the finding(s) shall be communicated in writing to the relevant local government;

13. Mitigation measures can include changes in the design/ layout of the proposed project, protection, conservation, restoration and/ or preservation of the site and/ or objects;

14. Construction work on the site could resume only after permission from the responsible local authorities concerning safeguard of the inheritance; and

15. Responsible for cooperate with the government to monitor all construction activities and ensure that adequate conservation measures have been taken.

In summary, procedures formanaging cultural heritage objects/ sites are presentedin the following figure:

Figure 1. Physical cultural resource chance find process flow chart.

FindingReportingAction

Chance Finds

Report to Archeological Institution, Police, and Local

Government

Archeological Institution, Police, and Local Government will response with letter and action

plan

Recommendation Letter from Archeological Institution to Local

Government and PT SMI

Conduct Action Plan based on Recommendation Letter from Archeological Institution and Consultation with community

Sending letter to Head of Archeological Institution in Denpasar, Local Police, and Head of Local Government

Archeological Institution send certified PCR expert team to assess the PCR

Recommendation letter based on assessment

PCR mitigation plan developed based on consultation with

community The finding must be reported maximum in 30 working days

Response letter approximated will be issued on maximum 14 working days

The study approximately will be conducted on maximum 30 days after the response letter

Recommendation letter approximately will be issued on maximum 30 working days after the study

Report of assessment on chance finds of PCR Stop the project activity near the

PCR s Find and protect the PCR site.

Implementation of the PCR mitigation and continue the

project.

Socialization of the mitigation action plan to internal, contractors, sub-contractor, and

community

PCR mitigation plan will be developed on maximum 14 days after the recommendation letter accepted

As soon as possible

4.0 AUTHORIZED OFFICIALS

Officials authorized as physical cultural resource management within the Physical Cultural Resources Management Team includes:

▪ Stakeholder Engagement Officer of appointed consultant;

▪ Indonesian Ministry of Tourism and Culture;

▪ Indonesian Archaeological Center;

▪ The nearest competent university;

▪ Culture and Tourism Department of Jambi provinces;

▪ The relevant village heads;

▪ The relevant district agencies;

▪ Related adat leader (respected local elderly); and

▪ Community around the project site.

5.0 CLOSING STATEMENT

This Physical Cultural Resources Management Plan (PCRMP) is effectively valid through the stipulation of the Directors Regulation. Any procedure or mechanism that has not regulated in this document will be explained further through implementation manual/ technical instructions.

The stipulation of the PCRMP document also canceling any procedure of mechanism has regulated before that have contradiction with this document.

Proposed by Approved by