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BERSAMA BERdayakan Sumber daya Alam Melalui masyarakat hukum Adat Bolstering the Environment through Recognition of the rightS Afforded to Masyarakat hukum Adat

Preparation for the Recognition of Wilayah Adat in High Carbon Landscapes Bid conference, Jakarta, 15 October 2014 Why BERSAMA?

International Grounding

• Cancun Agreement • CBD X/33 on Forest Biodiversity

National Policy Grounding

• Presidential Decree 62/2013 • National REDD+ Strategy/Programme • PRISAI • MK 35/2013 • The National Programme on the Recognition and Protection of MHA (PPMHA)

BERSAMA is part of Indonesia’s REDD+ Interim Phase portfolio. It was announced on 3 October 2014, and finalised in a progress meeting with partner ministries on 13 October 2014 at UKP4.

2 3 The National Programme for the Recognition and Protection of MHA Through REDD+ (PPMHA) • Lack of clarity over tenure rights adversely affects the rate of deforestation and forest degradation and peatlands;

• The absence of legal certainty certainty over tenure makes it difficult for the effective implementation of REDD ;

• The Government of Indonesia is committed to ensure REDD+ will: "provide benefits to the improvement of environmental services, biodiversity, and the welfare of local communities / MHA" (Article 2, Presidential Decree 62/2013 on BP REDD +). 4 BERSAMA DIRECTLY ENABLES PPMHA COMMITMENTS 4-6 Signatories have committed to, amongst others: 4. Support regional governments in the implementation of data recording of the presence of MHA and their areas through an inventory process and regional regulations; 5. Inventory and aim towards resolving various conflicts related to the presence of MHA and, at the same time, anticipate future potential conflicts to ensure legal certainty in the protection of rights for all citizens; 6. Implement integrated and just mapping and data recording of land control, ownership, and utilisation with attention given to land titles for the community including MHA; 5

Four BP REDD+ Facilities for PPMHA

1. National Trust Fund;

2. Information Centre;

3. Capacity building support;*

4. Communications and stakeholder engagement;

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EXPECTED OUTCOMES OF BERSAMA 1. 3-5 Districts prepare for the recognition of wilayah adat by: a) Finalising district selection with BP REDD+; b) Conducting and completing a baseline assessment of local government and relevant stakeholders capacity in relation to preparation for wilayah adat; c) Inventory and map MHA and territorial claims in all selected districts through a participatory process; d) Identify/overly, using existing assessments of high carbon/biodiversity landscapes within proposed territories of MHA and document existing CBFM; e) Development and implement models of sustainable MHA forest management; f) Inventory existing conflicts involving MHA, and prepare documentation and representatives for conflict resolution processes g) Support drafting of relevant perda for MHA recognition

2. Develop relevant communications materials

1. Document and consolidate all implementation procedures for replication

7 Key Activities and Expected Outputs (1-3)

Activity Expected Outputs 1. Finalisation of district -Determination of 3-5 districts for implementation selection and initial -Initial introductory engagement on wilayah adat, through introductory workshop workshops and meetings, with DPRD, Dinas, K. Bupati, K. for relevant stakeholders Gobernor, local organisations, CSOs, and the private sector as with BP REDD+ relevant

2. Conduct baseline -‘Report card’ on indicative district capacity and political will, assessment of local based on existing metrics (e.g. RAD-GRK, PGA data where government and MHA available), interviews with key local government staff, capacity and actions to community stakeholders, and relevant organisations date, if any, in relation to recognition of wilayah adat 3. Inventory, through -Documentation of all identified MHA territories within district participatory mapping, in line with SOP currently in development by BP REDD+ self-identifying MHA (incorporating SOP that is developing by BIG) groups and corresponding territories in proposed district 8 Key Activities and Expected Outputs (4-6)

Activity Expected Outputs 4. Identify/Overlay, using -Documentation identifying high carbon landscapes within identified existing assessments of MHA territory above (Activity 2), with methodology for identification high carbon/biodiveristy clearly delineated landscapes within -Identification of high carbon landscapes and prospective areas proposed territories of MHA under eminent threat of conversion within proposed territory of MHA and document existing through community mapping and identification and referencing community-based forest existing district spatial plans (RTRWK (Rencana Tata Ruang management as relevant Wilayah Kabupaten)) and concessions inventory where available, -Identification of high biodiversity landscapes using existing assessments as relevant -Documentation of community-based forest management as relevant 5. Development and - Institutional set up for models for sustainable MHA forest implementation of model of management developed by BP REDD+, both for MHA forest Sustainable MHA Forest currently located within the national forest estate (kawasan hutan) Management and for MHA forests currently outside of the national forest estate (di luar kawasan hutan) -Implementation of models 6. Inventory of existing -Recording and transcript of statements from relevant MHA conflict involving MHA, and community members preparation for conflict -Completion of draft report of conflict(s), including maps of conflict resolution areas, for submission to Komnas HAM 9 Key Activities and Expected Outputs (7-10)

Activity Expected Outputs 7. Explore possible support -This should be tied to the concessions/licensing review work for legal injunctions, cease and desist actions for halting continued conversion in cases of recognition in progress 8. Technical support for -Provision of support for perda regulating the process of identification perda development and recognition of MHA -Provision of support for specific perda recognizing particular MHA and their territories -Provision of inventory for reporting of MHA in indicative territory -Provision of support for verification process as requested -Public consultations on perda development as requested 9. Communications -Sound bites and short written inputs on project progress to be incorporated into public information dissemination 10. Consolidation and -Standard Operating Procedures and guidelines for preparation of documentation of steps and recognition of wilayah adat in high carbon landscapes processes used to prepare for recognition of wilayah adat for 1) full recognition and; 2) recognition in process 10 District Proposal Criteria • All districts must be located in the 11 priority REDD+ provinces, with those having signed MoUs with BP REDD+ preferredt: Aceh, Riau, West Sumatra*, Jambi, South Sumatra, West Kalimantan, Central Kalimantan*, East Kalimantan*, Central Sulawesi*, West Papua, and Papua • All districts should contain significant high carbon landscapes, where significance can be total size of relevant area, percentage of relevant area, or particularly significant eco-systems, particularly that under threat of imminent conversion • At least one district includes mapping of MHA to support conflict resolution in national parks in Kayan Mentarang and/or Kerinci Seblat; • At least one district should be one of the following eight districts currently participating in concession licensing audit in Central Kalimantan, East Kalimantan, and Jambi: • Jambi: (Merangin, Tebo, Muaro Jambi); • Central Kalimantan: (Kapuas, Kotawaringin Timur and Barito Selatan) • East Kalimantan: (Berau and Kutai Kartanegara).

Finalization of district selection will be done by BP REDD+, in conjunction with relevant provincial governments

11 Please Provide AT LEAST the following information for EACH proposed district:

• Basic overview of proposed district, including but not limited to total area, demographics, major industry or agricultural income, estimated total area of high carbon landscapes, major drivers of deforestation • Specific demographic information and overview of self-identifying masyarakat hukum adat including, as well as documentation of relevant community-based natural resource management practices; • Overview of actions to-date by MHA communities, local, national and international organisations, and other relevant stakeholders in actions and programmes related to recognition including, but not limited to, community mapping, advocacy with local and provincial officials, organizing capacity, actions related to wilayah adat to date • Overview of local government commitment and actions towards recognition of MHA and wilayah adat • Experience of Service Provider in proposed district

12 AFTER BERSAMA

• Initial 3-5 of districts will be seamlessly integrated into Phase 2; successful districts will have prioritised access to green villages and green schools programmes

• Criteria will be refined, and process will be replicated in further districts • e.g. Potential prioritisation of districts for access to green villages and green schools programmes if SKPD integrates preparation for wilayah adat;

• BP REDD+ will provide technical support as requested and endeavour to support the transfer of knowledge from districts where wilayah adat has been successfully implemented to other districts 13

TERIMA KASIH / THANK YOU

BERSAMA: Preparation for the Recognition of Wilayah Adat in High Carbon Landscapes Bid conference, Jakarta, 15 October 2014