Beranda / Safeguardingpolicy

Full and Effective Participation

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