The Partnership is committed to developing the organization's policy and standard operating procedures (SOP) as well as preparing the capacity to implement safeguard policy in programs and activities, both for those that are executed by The Partnership and by its partners. It is also realized that policy, standard operating procedures (SOP), guidelines, and instruction may need to be updated and adjusted from time to time. 

In developing the capacity of the organization to implement safeguards, The Partnership will strengthen employees’ capacity to conduct assessment, monitoring and evaluation through training both in-house or those that are conducted by others. The Partnership will also provide training or build the capacity of its partners to implement the safeguards. 

In the event that the capacity is short, The Partnership may hire a project-based consultant. 

The employees/consultants will oversee the safeguarding policy implemented throughout the project's life cycle, from project design and appraisal to the project implementation and closure. 

Definition and scope 

The scope of participation substantively must be inclusive and effective. More attention must be given when running programs dealing with indigenous peoples, local communities, marginalized groups of communities or conserved areas. Each process, mechanism or instrument designed to achieve substantive participation must be designed from the beginning of the project. Substantive participation is the right of relevant individuals with regard to policies programs and activities that are promoted by The Partnership. Therefore, instruments or mechanisms developed to achieve this is an effort to fulfil rights of the substantive participation and protection. 

Instruments used 

Processes and mechanisms to ensure full and effective participation include at least several mechanisms: 

1. Identification and thorough mapping of all parties associated with the implementation program or activities at the project site. Such a mapping among others shows capacity related to issues promoted by the programs and activities, as well as activities, interests and bargaining power of each party 

2. Mechanisms as well as guidelines for stakeholder's participation includes a special mechanism that guarantees full and effective participation of women in various stages of implementation of the program 

3. Policies and affirmative mechanisms that support vulnerable groups (the poor, disabled, disabled, and women who do not have access) to be actively involved in programs and activities. These mechanisms may include priority capacity building, consultation or a special discussion with vulnerable groups and other measures as necessary to improve the bargaining position of vulnerable groups in the implementation of activities, particularly those related to the development of public policy 

4. The evaluation mechanism of program implementation and activities processes which allow improvement over participation based on inputs received from various stakeholders. 

5. The mechanisms that ensure gender balance in the composition of the various implementing programs and activities, particularly with regard to the process of promoting changes and the development of new policy. 

Legal Foundation 

The following legal provisions provide the foundation for the rights of the parties, especially the vulnerable groups to participate in policymaking. The Partnership and its partners should view this as a legal framework as a minimum prerequisite that must be adhered to. In addition to these prerequisites, the above instruments shall become the main reference in the implementation of activities. 

Regulation	Content
Law No. 39/1999 about Human Rights	This law expressly states that participation a community rights. For example: (a) to file an objection to the authorities against inappropriate development in accordance with the spatial plan in its territory. This is also a part of public participation in the supervision of spatial planning; (b) to file a claim cancellation of licenses and termination of development that does not comply with the spatial plan to the authorities; and (c)to file a claim for damages to the government and / or permit holder if development activities are not in accordance with the spatial plan lead to a loss (article 55 paragraph [4] and [5], chapter 60). In addition, the role of society in spatial planning by the government conducted, among others, through: (1) participation in the preparation of spatial plans; (2) participation in the utilization of space; and (3) participation in controlling the use of space (pasal65). The law also requires the enactment of government regulation to further regulate mechanism and involvement of public participation in spatial planning (Article 65). Nevertheless, the arrangements regarding the duty of every individual and the government, this law does not regulate the duty of the government and relevant parties to adhere to processes that involve and respect the right of people to participate
Law No. 26/2007 on Spatial Planning	This law expressly states that participation is a community right. For example: (a) to file an objection to the authorities against inappropriate development in accordance with the spatial plan in its territory. This is also a part of public participation in the supervision of spatial planning; (b) to file a claim cancellation of licenses and termination of development that does not comply with the spatial plan to the authorities; and (c)to file a claim for damages to the government and/or permit holder if development activities are not in accordance with the spatial plan lead to a loss (article 55 paragraph [4] and [5], chapter 60). In addition, the role of society in spatial planning by the government is conducted, among others, through (1) participation in the preparation of spatial plans; (2) participation in the utilization of space; and (3) participation in controlling the use of space (pasal65). The law also requires the enactment of government regulation to further regulate the mechanism and involvement of public participation in spatial planning (Article 65). Nevertheless, the arrangements regarding the duty of every individual and the government, this law does not regulate the duty of the government and relevant parties to adhere to processes that involve and respect the right of people to participate

Some legal provisions related to participation are also available in the Public Service Law, the Law on Environmental Protection and Management and other provisions. Most of these laws mention participation as a right. The central and local government (provincial, district /city), as well as various relevant parties, has a duty to respect, protect and fulfil these rights. 

Most legislation called for participation in relation to the issues set out further elaboration in government regulation and other regulations. Such operational provision can be developed further by policymakers to enable an effective public participation environment on rules making, institutional arrangement and administrative measure 

Minimum achievement List 

1. In the effort to encourage reform policies and community empowerment activities, the minimum achievement of safeguard implementation are: 

2. Community assisted involves providing input on policy development as well as the design of development programs 

3. Vulnerable groups show participation in at least 30% of the activities of the policy reform and empowerment program. Evidence can be shown in the Technical Instructions of participation in projects/activities that include absenteeism, methods and agreed outputs. 

4. The substance of the proposed changes such as the draft of policy or other forms of changes shows evidence of public input, including community, including vulnerable groups

Definition and scope 

A process that guarantees that gender equity and equality-related aspects are mainstreamed, recognized and respected, including opening wider opportunities for women to express their needs and interests in a way that is safe and comfortable for women. The scope may vary from one place to another, depending on the context, culture and geography. 

Instruments used 

1. Identify gender-based needs and interests, particularly women's groups, especially those who are potentially directly affected by the project activity. 

2. Using a working device that is gender friendly, such as the selection of meeting location and time. 

3. Ensure the project activity does not eliminate the source of livelihood for women as well as endangering their lives. Included in this category are changes in lifestyle, reduction in environmental functions, and increasing violence against women associated with the project. If unavoidable, it must be ensured that the appropriate consent of women whose lives are affected is sought, followed by the restoration of disrupted livelihoods. 

4. Provide full and complete information on policies, projects and programs, with a language that is understood by both men and women, in appropriate forms and culture.

Legal Foundation 

Regulation	Content
Law No. 7/1984 on CEDAW ratification (Convention on the Elimination of All Forms of Discrimination Against Women), ratification	These laws exist to ensure the Elimination of All Forms of Discrimination against Women which was approved by the General Assembly of the United Nations on 18 December 1979. The Convention recognizes the differences between men and women, as well as the importance of affirmative action, and defines forms of discrimination against women.
Presidential Instruction No. 9/2011	This Presidential Instruction gives orders to mainstream gender in the implementation of the planning, preparation, implementation, monitoring and evaluation of national development policies and programs, to ensure they have gender perspective in accordance with roles and functions, as well as their related authority.
Law No. 39/1999	This law ensures that every individual, including vulnerable groups are entitled to fair treatment and protection with regard to specificity (Article 3)

Other regulations related to women's rights are also found in various fields, such as education, participation, and information. 

Minimum achievement List 

1. There is assurance that the project is executed and does not violate the rights of women which is reflected in the planning and implementation of the program (in the contract between the implementing program with The Partnership, as well as an agreement between the community and the program implementors).

2. The existence of models, and involvement of women, in the program area that is friendly to gender-sensitive.

3. The existence of an integrated risk analysis to the design and implementation of projects that respond to needs based on gender. 

4. The existence of disaggregated data on the specific needs of affected community members (women as heads of families, and children and women in households headed by males). 

5. The existence of disaggregated data on the impact of the program/project on men and women.

Definition and scope 

Transparency in this context has a two-sided definition. First of all, it shows an attitude of institutions and individuals (The Partnership and grant recipients) are obliged to design and execute programs and activities in a clear, predictable (have certainty) and understood. These terms provide greater opportunities for stakeholders to understand the details of the programs and activities that affect them. The next aspect is the quality of information on plans and implementation highlighted by institutions or individuals who have the obligation to be understood so as to make the parties take a certain attitude. 

Transparency requires the disclosure of information and good quality. The main indicators of the quality are demonstrated by the attitude shown by the interested parties, which may consist of inputs, comments, criticism, and even refusal of the activities proposed by the implementors. 

Instrument Used 

Mechanisms to ensure the implementation of transparency, at least availability of the following: 

1. Mechanisms that ensure that the basic information of relevant programs and activities is presented to stakeholders at the site level. 

2. The mechanisms that ensure the delivery of relevant information submitted prior to the program or project designed at the site level, in accordance with local conditions, and in a manner that is simple and easy to understand. 

3. Mechanisms for clarification and reservation of information conveyed by program/activity implementer. 

4. The mechanism which ensures that information which sensitive to the needs of marginalized groups, especially women and indigenous peoples 

5. The mechanisms that ensure the transparency of information on the program or activity reports that is accessible and easy to understand by stakeholders, particularly women, indigenous peoples, and minorities. 

6. Mechanism that ensures input or objections to the information that was made available to the public. 

Legal Foundation 

Some provisions of the law have regulated the transparency of public institutions or public service providers. The law defines public service providers as an institution of state officials, corporations, independent agencies established by law for public service activities, and other legal entities formed solely for public service activities (Article 1 paragraph 2 of Law No. 25/2009 on Public Service) 

Regulation	Content
Law No. 14/2008 Public Disclosure	Under this law, information is the right of every person. Specifically, this law states that: (1) Everyone has the right to communicate and obtain information needed to develop individual and social environment. (2) Everyone has the right to seek, obtain, possess, store, process and convey information by using all available means. On the other hand, the government has the obligation and responsibility of the right to information with respect, protect, uphold and promote human rights stipulated in this law, other legislation and international law on human rights received by state Republic of Indonesia. Obligations and responsibilities of the government, including the implementation of effective measures in the field of legal, political, economic, social, cultural, defence, state security, and other areas (chapters 71 & 72)
Law No. 39/1999 on Human Rights	Under this law, information is the right of every person. Specifically, this law states that: (1) Everyone has the right to communicate and obtain information needed to develop individual and social environment. (2) Everyone has the right to seek, obtain, possess, store, process and convey information by using all available means. On the other hand, the government has the obligation and responsibility of the right to information with respect, protect, uphold and promote human rights stipulated in this law, other legislation and international law on human rights received by state Republic of Indonesia. Obligations and responsibilities of the government, including the implementation of effective measures in the field of legal, political, economic, social, cultural, defense, state security, and other areas (chapters 71 & 72)

Minimum achievement list:

Definition and scope 

Environmental and social issues are very broad. Based on the lessons learned from programs and projects implemented by The Partnership, at least there are three major issues involved, namely biodiversity, forest protection and environmental services. These 3 entries exist in a particular landscape. Therefore, environmental sustainability, in this case, at least involves three environmental aspects. Pertaining to social sustainability, all project dimension has an impact on the social aspect of communities which must be managed properly in order to minimize negative impact on social life.  In addition, the project or activity of The Partnership must include social inclusion, as The Partnership is mandated to promote equality and give special attention to marginalized groups. 

Instruments used 

The following instruments offer minimal mechanisms by the program/activity implementer to prevent the adverse effects of the program/activity on the environment and society. In terms of risk assessment finding other potential impacts that can not be addressed solely by implementing the following instruments, the implementer should develop other appropriate instruments that are relevant to objective conditions at the local level. 

1. Mechanisms that can identify biodiversity and environmental services, including the identification of forms of utilization and value-added biological diversity, environmental services and community forests as well as  

2. Instruments and policies to ensure the protection of biodiversity, environmental services on-site participatory activities 

3. Instruments that accommodate local and indigenous knowledge to strengthen the protection of biodiversity and environmental services. 

4. Mechanisms to encourage the availability of a comprehensive policy at the local level that connects natural forest landscapes that are still intact and the fragmented ones in a comprehensive and integrated management plan for the protection and management of the environment. 

5. Provides risk prevention scenario at the site level, among others, forest fires, destructive logging, theft of forest resources 

6. Identification of subsistence economy of scale to protect the public and preserve the forest resources. The identification is prepared in a participatory manner to ensure the balance between subsistence economies of scale and environmental sustainability. 

Legal Foundation 

The legal provisions here are to strengthen the protection of the environment and society in a variety of development policies. Partners should view this as a legal framework for a minimum prerequisite that must be complied with. In addition to these prerequisites, the above instruments become the main reference in the implementation of activities. 

Regulation

Content

Law No. 32 of 2009 on the Protection and Management of the Environment

The Environmental Law recognizes that a healthy environment is the right of all people. Therefore, the Environment Law set several steps to prevent environmental risk. Two of the several steps are AMDAL and UKL-UPL. AMDAL or EIA is an important study on the impact of a business and/or planned activities on the environment that is necessary for the decision-making process regarding business and/or activities (Article 1, point 11). Efforts to environmental management and environmental monitoring efforts, hereinafter called UKL-UPL, is the management and monitoring of operations and/or activities that do not have an important impact on the environment that is necessary for the decision-making process regarding business and/or activities (Article 1 number 12). AMDAL and UKL-UPL are mandatory for any programs and/or activities that have an important impact on the environment (Article 22 paragraph 1). There are two important aspects that must be considered in conducting the AMDAL. First, an important impact criteria, namely: a. the large number of residents who will be affected by the plan and/or activities; b. wide area affected; c. intensity and duration of the impact; d. various aspects of environmental components that will be affected; e. the cumulative nature of the effects; f. turning or irreversibility of the effects; and/or g. other criteria in accordance with the development of science and technology. Second, the criteria of programs and/or activities that have an important impact consist of a. changing the form of land and the landscape; b. exploitation of natural resources, both renewable and non-renewable; c. processes and activities that can potentially cause pollution and/or damage to the environment and waste of natural resources and a decline in utilization; d. processes and activities which may affect the natural environment, built environment, as well as the social and cultural environment; e. processes and activities which will affect the preservation of natural resource conservation and/or protection of cultural heritage; introduction of species of plants, animals, and microorganisms; g. the production and use of biological and non-biological materials; h. activities that have a high risk and/or affect the defence of the country; and/or i. the application of technology that is expected to have great potential to affect the environment. These criteria must be considered by the proponent. Consequently, if neglected, environmental permits are not granted.

Environmental law regime provides a significant contribution to the principles related to environmental protection. The Constitution of the Republic of Indonesia 1945 and the regime of Law 32/2009 recognize the environment as a right of every individual. The right to a healthy environment including compliance with standards on environmental quality, pollution prevention and environmental destruction. In this regard, Law No. 32/2009 and its derivatives PP 27/2012 provide criteria for determining the significant impacts that have environmental implications and criteria for mandatory AMDAL activities. Therefore, as part of the preparation of this document, the proponent must prepare a feasibility study. It is set in PP 27/2012. Environmental Law regulates more strictly and firmly legal consequences if the proponent does not comply with the criteria and the impact of mandatory AMDAL activity. One consequence is the rejection or cancellation of environmental licenses. This resulted in the ineffectiveness of the program/activities proposed. According to the Environmental Law, mandatory AMDAL activities could not be implemented if it has no environmental permits. 

Programs and activities shall not cause any negative impacts contained in the AMDAL list. Therefore, the identification of risk will help implement programs/projects to determine the scale of the environmental and social impact of an activity. These regulations constitute a general framework which should be referred to by relevant implementers which may have environmental and social consequences. 

Minimum achievement List 

1. Programs or activities provide positive benefits for environmental and social sustainability. 

2. No harm to the environment and society is affected by the program/activities as listed in activities that have to go through AMDAL and are consistent with the principle of social inclusion. 

3. The environmental and social aspect is evaluated in every stage of the project cycle. 

4. Assessment report on the performance of environment and social safeguarding. As necessary, a project with high risk may include a mandatory audit of the environment and social aspects.

Definition and scope 

In the process of participation, one of the important elements is the accountable grievance mechanisms. These mechanisms maintain two-way communication between the program implementer with parties who are potentially affected by program activities which will ultimately have an impact on the good quality standards program. 

Steps 

In principle, the instruments used are instruments of The Partnership as set forth in the Standard Operating Procedure (SOP). The emphasis, however, is on the involvement of high-level decision-makers to ensure certainty of settlement of the submitted complaints. 

The complaints mechanism needs to be known by the parties involved in the program since the early project was planned and it shall be easily accessible by the parties. Accessible here is defined as accessible in various ways (which are explicitly mentioned) and within a reasonable time and clarity. 

Stages and authorized personnel manage complaints mechanism should have been known since the beginning of the project plan, including the period of completion and response process complaints. The whole process of resolving these complaints should be documented so that the contents are known to both parties. The final decision must be recorded in the minutes agreed by both parties. 

It should be understood that the grievance mechanism does not rule out legal proceedings, if any. 

Minimum achievement List

1. A channel for complaints is available and uploaded on KEMITRAAN’s website.  

2. The assurance of reciprocal communication within a certain time span between the organizers of the program with the parties (especially those who are potentially) affected by the program. 

3. List and or report of complaint and its solution