Alone Facing the Changing Climate: Petition of the People’s Chamber of the National Forestry Council (DKN) on the Policies for the Mitigation and Adaptation of the Management of Climate Change

Introduction

This Position Paper was prepared by the People’s Chamber of DKN in order to give response to various political debates and formulation of climate change adaptation and mitigation policies considered detrimental to the customary law communities and the people dwelling and making their life within or in the surrounding areas of forest. Outcomes of agreements between developed and developing countries, which are in favor of coping with climate change through the Reducing Emission from Deforestation and Forest Degradation scheme- which was implemented under the schemes of provision of incentive and carbon trade- have eventually forced the regional and national government to take restrictive measures on or even removal of the rights to the forests of customary law communities and people living within or in the surrounding of forest areas –including disregard of various forest conservation initiatives that have been implemented by customary law communities- under the reason of implementing outcomes of international agreements to reduce the impacts of climate change. It is the outcomes of international agreements that later make the efforts that have been or are being implemented by the people living and dwelling within or in the surrounding of forest areas to obtain the recognition of their rights to management and utilization of forest areas more difficult.

This Position Paper was prepared based on the reports received by the People’s Chamber of DKN from its members and supporting organizations in relation to the impacts of climate change that have been experienced by them and a number of results of researches carried out by non-governmental organizations engaging in the environmental sector and climat change expert researchers. The People’s Chamber of DKN has also held series of workshops in Jakarta and several regions in order to obtain additional information in relation to the respect of REDD Demonstration Activities projects to the rights of the members in Aceh, West Kalimantan, Central Sulawesi, Riau, East Nusa Tenggara, West Nusa Tenggara and Papua. The People’s Chamber of DKN has also held consultative workshops with its members inJakartain order to obtain approval of the draft Position Paper to be a final document.

This Position Paper basically tries to show that the measures to deal with climate change through REDD scheme selected by the government does not solve various impacts of climate change experienced by the people living and dwelling within or in the surrounding of forest areas. This Position Paper also tries to show that up to the present, national REDD policies and schemes are not complying with Resolution of the United Nations Number 7/23 concerning Human Rights and Climate Change, which includes the rejection to support forest conservation initiatives that have been started and implemented for hundred of years by the people living and dwelling within and in the surrounding areas of forest.

No single ecologist throughout the world can deny that the activities of extractive industry in developed countries are the main cause of global warming which later trigger climate change in various parts of the world. Those experts also suggest that climate change has caused various natural disaster phenomena, such as prolonged floods, sinking of small islands and long-drawn droughts. These phenomena later damage and/or disturb the life cycles of many people throughout the world, including the people living within and in the surrounding areas of forest, small islands, sand deserts or the poles.

Unfortunately, the suggestions of these experts do not automatically force developed countries to be held accountable on the bad things caused by their industrial activities. In fact, they deny the finding of these experts by arguing that developing countries must also be responsible since the development model chosen by these countries frequently involves the conversion of forest areas to become business areas. In the meantime, developing countries deny the accusation by arguing that the forest conversion policy in their countries does not produce much greenhouse gas since the remaining forest areas are significantly bigger than the areas that have been converted to be business areas.

In the middle of exchange of arguments with regard to who must assume the biggest responsibility, developed countries offered a proposal in the forms of provision of incentives for developing countries agreeing to stop deforestation activities and their willingness to buy carbon stock produced by the forests of developing countries. The proposal – known as REDD (Reducing Emission from Deforestation and Forest Degradation-, was positively welcomed by developing countries. However, the proposal has shifted several important topics in other climate change talks, such as the issue of emission reduction responsibilities of developed countries and state’s responsibility in dealing with the impact of climate change on the life of vulnerable community groups;    

In accordance with the outputs of these international level agreements, the Government of Indonesia is subsequently busy to formulate national policies required to support the REDD scheme which will be implemented in 2012. In addition, in order to ensure that developed countries are attracted to give incentive or buy carbon stock produced by Indonesian forests, the government has also announced its commitment to the public to reduce emission caused by forest exploitation businesses in Indonesia up to 50% in 2009, 75% in 2012 and 95% in 2025. In the meantime, Indonesian government has also declared war against illegal logging practices by organizing law enforcement operations in areas that have been the locations for the expansion of such crime. Meanwhile, at the local level, the local governments are also busy to formulate policies to prohibit logging of specific woods under the reason of conserving the forest. 

Instead of concentrating its mind at the formulation of policies in the mitigation sector, the government stops thinking about its obligation to formulate policies in the field of adaptation with climate change aimed at protecting the life of the people, particularly customary law communities and the people living and dwelling within and in the surrounding areas of forest. Up to November 2010, there has been no policy in the field of adaptation to climate change made by the national and local government. As the result, up to the present, there are many people or communities affected by the climate change who encounter difficulties since they are not provided with emergency handling support and short, medium, and long term handling measures to adapt to natural disasters that occur in recent times.

Meanwhile, there have been many studies explaining that there are still many community groups in various regions ofIndonesiawhose life depend on the forests. These community groups, using knowledge inherited from their ancestors, try to manage and conserve the forest to support the life of their families and communities. The People’s Chamber of DKN notes that there are 25 thousand villages located within and in the surrounding areas of forest and some of the villages are inhabited by customary law communities, farmers and fisherfolks. Most of them still practice the knowledge of their ancestors to continue their life. Unfortunately, the aforementioned twenty-five thousand villages belong to the category of areas vulnerable to be affected by the impacts of climate change. In addition, their rights are also threatened since REDD projects will potentially be implemented by ignoring the people’s right to forest management and utilization.

II. The Life of Customary Law Communities and the People Living and Dwelling within and in the Surrounding Areas of Forest and the Impacts of Climate Change on Them 

The People’s Chamber of DKN records that there are 25 thousand villages located within and in the surrounding areas of forest. Those villages are spread through almost all the big islands such as Java, Sumatera, Kalimantan,Sulawesi, Maluku, Papua, East Nusa Tenggara and West Nusa Tenggara. The People’s Chamber of DKN notes that most of the aforementioned 25 thousand villages are inhabited by customary law communities and local people and most of them consider forest as a part of the chain of food supplier, a cultural site, and a place to perform religious ritual practices. The summary of examples of customary law communities and local people whose life depend on the forest is as follows.

In Sumba, West Nusa Tenggara, customary law communities living in the area of Wanggamenti National Park and Kambaniru Watershed are people known for their subsistence model that consider the forest as a place to find food and perform cultural practices. In order to keep this hereditary subsistence tradition, they recently started to develop family forests and confirmed the agreement to control illegal logging and bushfires in the form of village regulation (perdes). In Tompu and Tana Mondidi, Central Sulawesi, the customary law communities living within and in the surrounding areas of forest are trying to restore the awareness of their people on to the importance of keeping the forest in order to keep their food security. At present, they organize the “Vunja” and “Mora” rites to try to restore the soil fertility and clean water resources by keeping the forest from damage.

In West Kalimantan, most of the Dayak and Malay customary law communities are the people whose life depend on the forest. The inclusion of forest as a part of their hereditary food crop cultivation system and model is their method of keeping the continuity of supply of protein, vitamin, and mineral for their people. Not long ago, they also issued a village regulation concerning the border management of customary areas in order to block Forest Utilization Industry in their areas. Meanwhile, in Riau, the people of Kampar are the local people whose life depend on the forest. In addition to positioning the forest as the source of family income, they keep doing their best endeavors to preserve the forest which recently started to be damaged by the Forest Utilization Industry activities in that area. At present, they try to restore the function of the forest as the source of family income and food through the initiative of the planting of 5000 plant seeds in critical areas.

In Papua, most of the customary law communities in this region consider forest as a part of their life. They consider forest not only as an area which supplies animal protein but also an area of to perform cultural and religious rites that confirm their existence. They also consider the forest as an area to control malaria mosquito in order to prevent the attack of these insects bringing malaria to their customary hamlets (kampongs). However, unfortunately, recent practices of special autonomy and creation of new province, regencies and districts in this region turns out to accelerate the deforestation rate in order to meet the need of Forest Utilization Industry and plantation. Under the reason of improving the welfare of the people, the government and local customary elites encourage local customary people to cooperate with investors to exploit forest massively.

The impacts of climate change on customary law communities and the people living and dwelling within and in the surrounding areas of forest are extensive and cover many sectors. However, there has been very little information available to the public with regard to the various impacts of climate change on the two communities without any clear reason. The examples of the impacts of climate change suffered by the aforementioned two communities are as follows:

In West Kalimantan, September 30, 2006, two villages in Tanjung Lokang District were reported of having suffered from food deficit due to the dry season that led to crop failure and obstructed the supply of food crops since the rivers dried out.[1] Unfortunately, this report was denied by the local village chief and officials of the local government who claimed that the report was a made-up story.[2] In addition, it was reported that local government’s fund in the amount of Rp 272,200,000 allocated to cope with the food deficit never reached the people.[3]  Still in West Kalimantan, in mid-2010, it was reported that the Iban Tribe inhabiting the area of Utik River-Kapuas Hulu, suffered from crop failure since the rice they planted die due to unclear reasons.[4] The people inhabiting Utik River also reported that their agricultural cycle was also ruined by the changing weather so that seasons change unpredictably.[5] As the consequence of this phenomenon, their rice production fell drastically and their crops in 2010 dropped by around 70%. As the result, their life are now depending on rubber plantation in order to obtain money to cover their rice needs. Several regions in this province, mainly Kapuas Hulu and Sintang, were also reported of having been inundated by flood for more than 8 months causing hundreds of thousand of people loss their property. In addition, this flood also decreases their life quality.

In Papua, in order to deal with the drought which has dried-up fishponds, fish farmers in Genyem plan to put plastic layer beneath their fishponds so as to prevent the water in the fishponds from being totally absorbed by the soil.[6] In the meantime, fisherfolks in Demta District cannot go to sea due to the unpredictable weather and the big waves of the sea. When the weather allows them to go to sea, their catch is insignificant compared to the catch in the previous times. As the result, the price of fish at the market is skyrocketing.[7]

In Sumba, customary law communities living in the Area of Wanggamenti National Park and Kambaniru Watershed claim that climate change have caused unpredictable rain, enormous sea waves and severe gales. As the result, the planting season changes which lead to crop failure and spread of unknown diseases attacking human, plants and animals.[8]

In Central Sulawesi, customary law communities of Tompu suffer from crop failure due to the unpredictable climate that damages their food crops.[9] As the result, they are forced to switch professions to become motorcycle taxi drivers, farm workers in other villages, scavengers and/or miners to make ends met. Some of them try to keep their profession to be farmers and develop local food plant seeds but it is not much helpful. Meanwhile, it is reported that floods and landslides continue to occur in various areas of this province causing hundreds of thousands of people loss their property.

In Kampar-Riau, the people of Kampar also experience crops failure and their crops decrease due to the unpredictable rain and extreme hot temperature.[10] They try to adapt themselves by planting local food plants and damming canal 12 in order to keep the fish in the river from being swept away. However, these efforts are not much helpful because, in addition to the unpredictable weather, the logging activities in Semenanjung Kampar continue to occur and reduce the quantity of the available sources of food crops.

III. General Overview of the Responses of the Government to Climate Change Issues

It is very difficult to identify responses of the national and local governments with regard to the mitigation of the impacts of climate change on the life of customary law communities and the people living within and in the surrounding areas of forest. In addition to the small numbers of official reports in relation to the actions that have been taken and the outputs of the actions, there has been a strong allegation that the limited information is factually caused by the poor measures of the government –particularly the local governments- in relation to the efforts to actualize well-planned and well-managed efforts to cope with the impacts of climate change.

 1.1      Formulation of Policies to Face Climate Change

Based on studies on primary and secondary materials, it seems that most the responses of the national and local governments in order to deal with the impacts of climate change are actualized in the form of adoption of international treaties into the national law. Below are the facts in relation to international treaties on climate change that have been adopted by the national and local governments:

In 1992, the United Nations Convention on Climate Change was agreed inRio de Janeiro.Indonesia was one of the parties ratifying the aforementioned convention. Soon after returning back toIndonesia, the State Minister for the Environment established the National Committee for Climate Change and the Environment by virtue of the Decree of Minister for the Environment Number Kep-35/MENKLH/8/1992. This committee consisted of the Meteorology and Geophysics Agency, the Ministry of Health, the Ministry of Trade and Industry, the Ministry of Forestry, the Ministry of Agriculture, theInstitute ofSpace and National Astronauts and Universities. This institution was put under the coordination of the Ministry for the Environment aimed at actualizingIndonesia’s participation as a developing country in various aspects of climate change.

On August 23, 1994, Indonesia officially ratified the Climate Change Convention into its national law. This ratification was promulgated in Law No.6/1994 concerning the Ratification of the Climate Change Convention. Through this ratification, Indonesia is expected to give voluntary contribution to the endeavors of reducing the greenhouse gases and adapting to the climate change with the assistance of developed countries.[11] Those efforts are made by taking into account the various aspects so as to not harming human being and the environment (Paragraph 4 I [f]).

In 1997, the protocol to implement the Climate Change Convention was signed inKyoto,Japan.Indonesia was also a party signing the Kyoto Protocol. In general, this protocol requires the responsibility of developed countries to reduce emission but does not require developing countries to cut their emissions. The Kyoto Protocol does not discuss about adaptation but puts more emphasis on the mitigation aspect in order to force developed countries to meet their domestic obligations in stabilizing the greenhouse gases. However, this Protocol also introduced mitigation efforts in the forestry sector that gradually dragged developing countries possessing tropical forest into this issue.

In 1999, Indonesia made its first national communication with UNFCCC. In relation to forests, this national report promoted replanting and reforestation mitigation scenario as the solution to reduce emission from forests. Meanwhile, in terms of adaptation, this report only encouraged transfer of technology as the method to accelerate the adaptation of farmers and innovation in the forestry sector. The decreases of crop, floods that occur more frequently and various other problems experienced by the people within and in the surrounding areas of forest due to climate change have not been addressed by this report.[12]

Ten years following the signing of Kyoto Protocol, the administration of President Susilo Bambang Yudhoyono incorporated this international treaty into the national legal system in the form of promulgation of Law No.17/2004 concerning the Ratification of Kyoto Protocol on the Convention of the United Nations Framework on Climate Change. Subsequently, the law, which was ratified by the People’s Legislative Assembly of theRepublicofIndonesiaon July 28, 2004, serves as the legal basis for the government ofIndonesiato take various measures to help developed countries meet their targets to stabilize the greenhouse gases.

In November 2007, the Ministry for the Environment issued the Climate Change Action Plan (RAN-PI), which was prepared to be guidelines for various agencies in implementing coordinated and integrated efforts for the mitigation of and adaptation to the climate change.[13] In similarity with the first national communication, RAN-PI also promotes reforestation mitigation strategy in order to achieve the target of the Menuju Indonesia Hijau (Towards Green Indonesia) program. The other mitigation agendas are the management of peat lands, restoration of watershed areas and recovery of forests inBorneoIsland. With regard to the adaptation aspects, RAN-PI promotes the rescue of coastal areas, national movement partnership for water rescue, coral reefs management and protection of coastal areas from abrasion. In addition, it also promotes the improvement of land administration policy. Its main target is the clarity of rights and obligations, with particular regard to the rights to land, which is expected to improve the capability of land users to adapt to the climate change.

On July 4, 2008, President Susilo Bambang Yudhoyono issued Presidential Decree No. 46 Year 2008 concerning the Climate Change National Council. This Council has seven mandates[14] that include: a) to formulate national climate change control policies, strategies, programs and activities; b) to coordinate the activities in the implementation of climate change control duties that include adaptation, mitigation, transfer of technology and financing activities; c) to formulate the policies for regulating the mechanism and procedure of carbon trade; d) to monitor and evaluate the implementation of policies on climate change control e) to strengthen Indonesia’s position in order to encourage developed countries to assume more responsibility in controlling climate change. Up to the present, there has not been any independent report with regard to the implementation of this Presidential Regulation, including the evaluation of the achievements and effectiveness of the performance of DNPI.

In 2008, President Susilo Bambang Yudhoyono stated Indonesia’s commitment to protect the forest and the rights of customary law communities to the international community. The aforementioned statement was proclaimed in a letter to the G-8 Summit in Toyako on 9 July 2008 stating that Indonesia is ready to reduce carbon up to 17% in 2025. Subsequently, in the same letter, the government of Indonesia declared its commitment to reduce emissions caused by forest exploitation business up to 50% in 2009, and 75% in 2012 and 95% in 2025.[15]

In 2008, the Minister of Forestry issued Regulation No.68/Menhut-II/2008 concerning the Organization of Demonstration Activities (DA) for the Reduction of Carbon Emissions from Deforestation and Forest Degradation. Subsequently, the Ministry of Forestry issued Regulation of the Minister of Forestry No. 30 Year 2009 concerning Procedures for the Reduction of Emission and Deforestation and Forest Degradation. Both of the aforementioned regulations are the super quick step of the Ministry of Forestry to respond to the offer of cooperation from developed countries and private actors in developing the REDD scheme model.[16]

In 2009, Indonesian Minister for the Environment Rachmat Witoelar, in a Summit in Poznan, gave statement that the endeavors and various climate change mechanisms will be designed in such a way to respect the rights of customary law communities.[17] On the other hand, Minister of Forestry MS Kaban also gave a similar statement that the REDD scheme is indeed tempting but the people also must be able to benefit from the scheme.[18]

In December 2009, the 15th COP in Copenhagen produced Copenhagen Accord, which was rejected by many countries since it is considered of having violated the consensual and democratic decision-making basic principle of the United Nations. Many countries rejected to sign the aforementioned Accord.[19] However, Indonesia was satisfied since its point on the measurement, reporting, verifying (MRV) was accepted in the Accord [20]

In September 2010, the government prepared a REDD plus National Strategy by organizing public consultations in various regions. It turned out that all strategies carried out were aimed at confirming the international agreement that forest sector will only be developed as an effort to mitigate climate change.

Up to 2010, Indonesia has spent six years following the ratification of the Climate Change Convention and the Kyoto Protocol to formulate mitigation policies, which, legally under the convention, are the main responsibilities of developed countries. Up to November 2010, Indonesia has not completed guidelines to the adaptation for coping with climate change. According to Agus Purnomo- Chairman of the Secretariat of the Climate Change National Council, the biggest problem is the readiness of various sectors and stakeholders to adapt to and to work together. In addition, the other constraints are budget allocations in each department or agency and the involvement of regions in Indonesia.[21]

In late 2010, COP-16 produced Cancun Agreement which, in the sub-topic that discusses REDD, requires developing countries possessing  tropical forest to provide information on the way of the implementation of the social and environmental safeguards and the way of the implementation of the safeguard and land tenure in the national strategies or national action plans. The Government of Indonesia confirmed that 85 percent of the Indonesia’s target strived for in the aforementioned meeting had been achieved.[22] 

  1. 2.      REDD Programs or Projects

In addition to the adoption of international treaties in the fields of environment and climate change, the government’s responses seem to be more noticeable in the field of preparation of carbon trading program or project, which is known as REDD. Below are the responses of the national and local governments in relation to the preparation of REDD program or project from 2009 up to 2010:

Since 2008, it is reported that a number of DA REDD projects have been developed in 24 locations spread in Sumatera, Kalimantan, Sulawesi and Papua Islands. These projects are initiated by international and national conservation organizations, carbon companies, and donor countries.[23]

In 2008, the Government of Nanggroe Aceh Darussalam Province entered into an agreement concerning the sales and marketing of Ulumasen ecosystem restoration projects in an area of 750,000 hectares with the Flora Fauna Internasional (FFI) – an international conservation organization based in the USA – and Carbon Conservation PTY. Ltd. (CC).[24] Under this agreement, CC appoints Merrly Lynch as the carbon purchaser for the period between 2008 and 2011 at the price of USD 4 per Ulumasen credit. It is also stated in the agreement that in the period of 2012-2013, the credit will increase to be USD 7. Later, it is revealed that this agreement was made without the knowledge and approval of the customary law communities living in the Ulumasen Region-Aceh.

In 2009, UN REDD, the Directorate General of Forest Planning, the Ministry of Forestry, and the government of Central Sulawesi Province signed the agreement on the implementation of DA REDD project in the province. The location of the project is still unclear, but the customary law communitiess in the province have already started to worry since they do not understand the project and the scope of its location.[25]

On August 22, 2008, the Government of Kapuas Hulu Regency signed a Memorandum of Understanding concerning a DA REDD project in a peat soil area of ​​170,000 ha around LakeSentarumwith Macquarie Capital Group Limited and FFI.[26] Later, it is revealed that this Memorandum of Understanding was made without any prior dissemination and consultation with the local customary law communities.

Subsequently, in 2008, in Mimika and Memberamo-Papua, the local government was reported of having made a DA REDD program with New Forest Asset Mgt and PT Emerald Planet in an area of ​​265.000 ha. Meanwhile, World Wild Fund for Nature (WWF) also offered similar project in Jayapura in an area of 217,634 ha and Merauke-Mappi-Asmat to the local governments while there has been no data found with regard to the total area of the second location to be allocated for the project.[27] There has been no further information about the process and outcome of this project. However, in the FPIC Workshop on the People’s Rights and REDD in Jakarta, it was revealed that the participants representing the Customary Council of Papua have never been aware of the existence of such projects in Papua. That statement was affirmed by the participants of the Climate Change Workshop organized by Yayasan Pusaka in Memberamo Tengah, in which almost half of them claimed that they do not to know the existence of the project. In the meantime, most of them worried that these projects would threaten their customary rights similar to the damage caused by large business projects and development over the years.[28]

Early 2009, several governors, among others the Governors of Papua and Aceh were involved in the Governors’ Climate and Forest (GCF), which was initiated by the Governor of California Arnold Schwarzenegger aiming at making tropical forests the main target of global mitigation efforts through the mechanism of purchasing and selling certificates in the carbon market.

The Ministry of Forestry reported that up to 2010, the Government of Indonesia has received grants in the amount of 70 million Australian dollars from Australia packed in the “Australia forest carbon partnership” scheme, 32.4 million euros from Germany in the REDD pilot project, 5.6 million US dollars from the United Nations (UN) for the UN-REDD program and 60,150 US dollars from Japan (ITTO).[29]  In addition, the Ministry of Forestry also reported that the Government of Indonesia has also received a number of grants from Korea (KIPCCF) in the amount of 5 million US dollars, JICA (Japan) in the amount of 720 thousand dollars, the World Bank in the amount of 3.6 million US dollars, Australia –through NGOs for ACIAR program- in the amount of 1.4 million US dollars and ICRAF in the amount of 1,123 million euros. This Statement of the Minister of Forestry was issued as a response to criticisms from a number of non-governmental organizations alleging that the government has exploited the climate change issue to get more foreign debts.[30]

In July 2010, Coordinating Minister for the Economy Hatta Rajasa gave a statement to the public that Norway views Indonesia a “good boy” for its success in the implementation of the USD 1 billion grant program for the reduction of emission from deforestation and forest degradation (REDD +).[31] Norway perceivesIndonesia as having been successful to reduce deforestation and forest degradation rate up to 75%.

IV. The gap between the government’s responses and the problems of climate change impact encountered by the people living within and in the surrounding areas of forest

 

It is clear that there is a gap between the responses of governments and the issue of climate change impacts encountered by the the customary law communities and the people dwelling and living within and in the surrounding areas of forest. One could even say that this condition is a “failure” since the measures taken by the government do not answer the real problems faced by the people in relation to climate change. Below are the detail of the gap between the responses and the problems:

Firstly, the adoption of International Treaties is not aimed at coping with the climate change impacts faced by the people but rather at improving the image of the Government of Indonesia in the eyes of international community. It is very clear that basically, the frequent adoption of international laws in the field of climate change are not intended to establish new legal umbrellas in relation to the management of climate change impacts on the life of the the customary law communities and the people dwelling and living within and in the surrounding areas of forest. There has been numerous evidence showing that the adoption of international laws is more intended to improve the image ofIndonesia, which, in the last ten years, constantly gains attention of international community due to its inability to control deforestation and degradation rate of its tropical forests. The most authentic evidence is the fact that none of those new legal products have been enforced consistently and in fact, forest conversion activities for plantation industry, industrial plantation forest and mining are still rampant.

Therefore, it is no wonder that there are a lot of evidence saying that the new policies do not provide adequate support for the customary law communities and the people dwelling and living within and in the surrounding areas of forest. None of all of these new policies –which are resulted from the adoption of international treaties- provide legal umbrellas for these two communities to demand the state’s responsibility to provide maximum protection against the impacts of climate change on food sources which continue to decrease in line with the uncontrollable rate of deforestation and degradation. There has been a lot of evidence showing that none of these new legal umbrellas may prevent the occurrence of famine in Tanjung Lokang Kapuas Hulu or the recent failed fish harvest in Papua.  

 

There has also been a lot of evidence showing the inability of these new legal umbrellas, which are resulted from the adoption of international treaties, to provide protection to the adaptation efforts undertaken by the customary law communities and the people dwelling and living within and in the surrounding areas of forest, such as the initiatives to plant local food crops plant seeds, to improve critical quality of the environment and to establish new agreements in order to protect forests from destructive human intervention. Almost all members of the People’s Chamber of DKN admit that they have been adapting with the climate change impacts on their own without the support of the government.

In addition, there are also a lot of evidence stating that these new legal umbrellas are unable to protect the rights of the customary law communities and the people dwelling and living within and in the surrounding areas of forest from drought, floods, and landslides. More than thousands of people in Kapuas Hulu and Sintang have never received adequate aids from the local government in relation to the massive flood that has been inundating the area for more than eight months. There has also been ample evidence showing that up to the present, the victims of Wasior flood do not get proper treatment and recovery efforts.

Secondly, REDD Program or Project does not aim to empower and develop people dwelling and living within and in the surrounding areas of forest, but rather to ensure that this project can be new sources of foreign exchanges or original regional revenues. There is much of propaganda made by the government which state that REDD program is a part of the government’s efforts to lift the people living around the forests from acute poverty. There has also been much of propaganda from the government stating that REDD program will be a benchmark for the empowerment of people around the forests from backwardness. However, there has been a great hesitation with regard to the actual purpose of such propaganda due to large concentration of the national and local government in the process of preparation of carbon certificate trade.

There are a lot of evidence showing that REDD project preparation practices in some regions are implemented under the assumption that “the land and natural resources are controlled by the state”. As the consequence, there have been many reports from the local people revealing the practices of denial by the government of the rights of the customary law communities and the people living within and in the surrounding areas of forest, which continue to occur in the DA-REDD projects. On the other hand, the people of Kapuas Hulu and Ketapang claim that the DA-REDD project in their home region is not based on their full understanding of REDD but rather from the direction of the actors of the project. In Papua and Aceh-Ulumasen, up to the present, there are still many local people who do not know that their home region is a region allocated for the DA-REDD project.

There are a lot of evidence showing that efforts of the actors involved in the DA-REDD programs or projects in Aceh,Kalimantan, and Papua get rid of the hereditary forest conservation practices. By propagating that the hereditary forest conservation practices still provide room for human intervention on forests, the actors involved in the DA-REDD project push the conservation schemes that are in line with REDD and have been peppered with the promise of giving money to the people. Up to the present, there has been no indication that the hereditary forest conservation schemes implemented by the people in West Kalimantan, East Nusa Tenggara, West Nusa Tenggara,Central Sulawesi, Papua and Riau will be promoted to be the national or local forest conservation schemes.

Thirdly, the REDD Programs or Projects are not aimed at stopping massive expansion of several industries which will potentially destroy the forests and lead to conflicts with the people living within and in the surrounding of forest areas. Up to October 2010, the credit in the mining sector grows by around 23.85% and reaches Rp 53.12 trillion. The growth of the credit in the mining sector is higher than the growth of banking industry credit, namely by 16.53%.[32] In addition, the expansion of palm oil plantations is also increasing.[33] It is estimated that in 2011, the growth will constantly take place in line with the increase in the national economic growth. As the result, there will be practices of exploiting potential forests that is conflicting with the commitment of the government ofIndonesia.

V. Recommendations

Based on the on-site findings, the People’s Chamber of DKN would like to give recommendation as follows:

To the National Government

  1. Amend all climate change policies that threaten the existence of the people living within and in the surrounding areas of forest for generations.
  2. Give protection to the adaptation and mitigation initiatives implemented by the people that have lived from generation to generation living within and in the surrounding areas of forest and provide adequate support that includes technical assistance and mentoring on a regular basis.
  3. Urge all parties involved in the policymaking process and climate change mitigation projects to respect, protect, and fulfill the rights and fundamental freedoms of the people living within and in the surrounding areas of forest, including by adopting national human rights principles and norms in the new policies in the field of climate change mitigation.
  4. Make sure that there is a clear roadmap in the climate change policy and other policies concerning the target of the fulfillment of the rights of the living within and in the surrounding areas of forest.
  5. Ensure full involvement of these people living within and in the surrounding areas of forest in the formulation process of all climate change policies that directly or indirectly affect these people.
  6. Ratify ILO Convention No.169,
  7. Push industrialized countries to reduce their emissions willingly, immediately and unconditionally.

 

To the People’s Legislative Assembly of theRepublicofIndonesia:

  1. Implement strict supervision on the projects and programs related to the adaptation and mitigation of climate change impacts.
  2. Urge the government to put pressure on industrialized countries to reduce their emissions immediately and unconditionally.
  3. Take part in the efforts to accelerate the ratification of ILO Convention No.169. 

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[1] See “Dua Desa di Kalbar Terancaman Kekurangan Pangan”, Suara Pembaharuan.com, September 1, 2006

[2] See “Masyarakat Tanjung Lokang Kecewa, Anggaran Dana 2006 Tidak Tersalurkan”, Indowarta.com, July 2, 2010

[3] See “Masyarakat Tanjung Lokang Dijual?”, Borneotribune.com, Juli 17, 2010

[4] Statement of Head ofBatuLintangVillage Mr Raimunus in the Climate Change Worksop in Deo Soli Putussibau, September29-30,  2010

[5] Ibid.,

[6] Statement of Hamid, a Representative of the Customary Law Council of Papua in the Workshop for the Consolidation of the Position Paper of the People’s Chamber of DKN held at Cemara Hotel Jakarta, December 1-2.

[7] Ibid.,

[8] Ibid., Statement of Representative of the Customary Law Council.

[9] Ibid., Statement of Ewin, a Representative of the Customary Law Council ofCentral Sulawesi

[10] Ibid., Statement of the representative of the people of Kampar.

[11] For further information, see “Atas Nama Pembangunan, Bank Dunia dan Hak Asasi Manusia di Indonesia”, foreword by Abdul Hakim Garuda Nusantara, ELSAM, Jakarta, December 1995. See also Indonesian Case Study, the Closure of the Kelian Gold Mine and the Role of The Business Partnerships for Development/World Bank, Presentation of Pius Erick Nyompe, Executive Secretary LMKTL, at http://dte.gn.apc.org/Ckl03.htm, accessed on October 2, 2010.

[12]Indonesia: The First National Communication on Climate Change Convention, 1999

[13] See Rencana Aksi Nasional dalam Menghadapi Perubahan Iklim, Kementrian Lingkungan Hidup, 2007

[14] See Art. 3 of Presidential Decree No.46/2008

[15] See Letter of the Government of Indonesia to G-8 Summit 2008, REMARKS BY H.E. DR. SUSILO BAMBANG YUDHOYONO PRESIDENT OF THE REPUBLIC OF INDONESIA AT THE MAJOR ECONOMIES MEETING (MEM), G-8 TOYAKO SUMMIT 2008, JULY 9, 2008. This letter was cited from Steni, Bernardus, in Pemanasan Global: Respon Pemerintah & Dampaknya Terhadap Hak Masyarakat Adat, HuMa,Jakarta, 2009. page 53.

[16] Ibid., page 59

[17] Ibid., page 54

[18] Ibid., page 54

[19] See guardian.co.uk, Saturday December 19, 2009 00.47 GMT, see also Kompas, Sunday, December 20, 2009 | 07:56 West Indonesia Time

[20] Kompas, Sunday, December 20, 2009 | 11:55West Indonesia Time

[21] Antara, Wednesday, November 20, 2009 12:45West Indonesia Time

[22] Kompas, December 21, 2010

[23] Ibid., page 73-75

[24] Ibid., page 75-76. See also Dokumen Laporan Sarasehan FPIC Hak Masyarakat dan REDD, HuMa,

[25] Statement of the indigenous community of Toro attending the Meeting of the Public Chamber of the National Forestry Council held at Rumah Kost 678, Kemang,Jakarta, August 2-4, 2010.

[26] See Lorensius Gawing, Indah Kabar Dari Rupa, Studi Mengenai Pemenuhan Hak Masyarakat Adat Dalam Kerangka Hukum dan Kelembagaan Pelaksanaan Demonstration Activities REDD di Kapuas Hulu, Kalimantan Barat, page 33

[27] Op., cit Bernadus Steni, 2009, page 73-74

[28] See, Y.L, Franky, Laporan Lokakarya Perubahan Iklim, REDD dan Hak Masyarakat Adat, Kasonaweja,Mamberamo Tengah, August 27-28, 2010, Yayasan Pusaka.

[29] See, “Kemenhut Tegaskan Tak Pernah Terima Pinjaman,” Antaranews.com, June 2, 2010

[30] Ibid.,

[31] See. “Norwegia Nilai Indonesia Paling Nurut Soal Pengurangan Emisi,” Detik.com, July 28, 2010

[33] Koran Jakarta, Thursday, December 23, 2010.