Donor: DFID-UK and Norway
Beneficiaries: Working Group Tenure – Department of Forestry, Indigenous Papuans, Regional Government (Province and District), NGOs at local level (SSS in Jambi, Samanta in NTB, related local NGOs)
Location: Jakarta (Department of Forestry and Working Group Tenure), Bungo Regency (Jambi), West Lombok Regency (NTB).
ACTIVITIES
This project aims to develop a model of customary law recognition and forest management. It’s a continuation of
efforts initiated by the Multistakeholders Forestry Program (MFP) and Ford Foundation partners in gaining recognition for customary law and management rights. Activities developed in this context were based on customary forest recognition process regulated by Law No. 41/1999 on Forestry and Circulation Letter of Minister of Forestry No. S 75/menhut-II/2004 regarding compensation lawsuits by indigenous communities. In principle, this Circulation Letter provides opportunities for traditional forest management by the indigenous population as long as their existence is recognized by local government in local bylaws (Perda).
The activities included: a study of the indigenous peoples, covering traditional regions, customary rules, and customary institutional assemblies. The project also included strengthening indigenous institutional capacity, participatory mapping to clearly identify territorial boundaries including traditional forest areas; formulation of an academic paper to support the legislative process (Local Bylaws on the recognition of the existence of customary people); public consultations on the deliberation of draft local bylaws; and consultations between the Regional Government and the Department of Forestry. These activities have involved relevant stakeholders at the local level, Government (Forestry Bureau, Lands Bureau, DPRD and Legal Bureau of Regional Secretariat), NGOs, Academics, the Department of Forestry and representatives of indigenous institutions.
KEY ACHIEVEMENT
The above-mentioned activities have produced mapping of traditional forest ownership in Bungo regency and West Lombok, NTB which enables indigenous communities in those areas to make use of the forest sustainably for their welfare. The regognition of indigenous populations in Bungo regency was previously based on Bupati’s decree, but has been replaced with local bylaws especially for the traditional areas of Batu Kerbau and Baru Pelepat. For West Lombok regency, NTB, draft local bylaws have been developed, and a number of public consultations have been carried out. The local bylaws deliberation process by the DPRD and regency government are currently underway.
KEY SUCCESS FACTORS
A process involving multistakeholders which enabled interactive engagement, understanding and learning among the related parties are the key success factors of this project. Dialogue, participatory mapping and public
consultations contributed to building trust, understanding and collective action towards solving the problems of indigenous people. Intensive lobbying and consultation at various government levels have developed smoother processes in the regions. Recognition has been gained from the local government in the form of issuance of local bylaws.
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