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BP Tangguh Integrated Social Program BP Tangguh Project BP Berau, Ltd Indigenous Peoples Development Planning Document Indigenous Peoples Development Plan Document Stage: Final Project Number: 38919 July 2006 INO: Tangguh LNG Project Prepared by BP Berau Limited for the Asian Development Bank (ADB). The indigenous peoples development plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature. BP Tangguh Integrated Social Program BP Tangguh Project BP Berau, Ltd. www.bp.com Perkantoran Hijau Arkadia , Tower D Jalan T.B. Simatupang Kav 88, Jakarta 12520 Tel: +62.(0)21.7883.8000 Fax: +62.(0)21.7883.8333 Contents List of Figures xi List of Tables xii Acronyms and Indonesian Terms xiv Summary xxi The Project . .xx Integrated Socal Strategy . .xx Fulfillng ADB Polcy . xxii Project Context . xxii Project Impacts . .xxii Project Consultatons . .xxv Specfic Indgenous People’s Issues . .xxv ISP Component Programs (2006-2010) . xxv Implementaton Framework . .xxv Budget . .xxv ISP Montorng and Evaluaton . .xxv SECTION I: INTRODUCTION The Tangguh Project’s Integrated Social Program and ADB’s Policy on Indigenous Peoples Introduction 1 1 1. Introducton . 1 1 .2 ISP Complance wth IPDP Requrements . 3 1 .3 Polcy and Gudelnes on Indgenous Peoples . 3 1 .3 1. Ratonale for Developng Indgenous Peoples Plans . 3 1 .3 .2 The Definton of Indgenous People . 4 1 .3 .3 Polcy Requrements and Gudelnes . 5 1 .3 .4 Gudelnes for Developng IPDPs . 5 Contents 1 .4 The Tangguh Project Integrated Socal Program (ISP) . 6 1 .4 1. Introducton . 6 1 .4 .2 Definng the Project-Affected People . 6 1 .4 .3 Evoluton of ISP . 7 1 .4 .4 ISP Component Programs . 10 1 .4 .5 Tme Frame . 10 SECTION II: CONTEXT Baseline Information and Consultation 2 The Tangguh Project 17 2 1. Context . 17 2 .2 Development and Operatons . 18 2 .2 1. The Tangguh Project . 18 2 .2 .2 Constructon Phase Actvty Descrpton . 20 2 .2 .3 Operatonal Phase Actvty Descrpton . 21 2 .3 Project Impacts . 21 2 .4 Concluson . 22 3 Legal Framework 23 3 1. Introducton . 23 3 .2 Recognton of Indgenous People . 24 3 .2 1. The Untary State of Indonesa . 24 3 .2 .2 Adat Communtes and Rghts . 25 3 .2 .2 1 . The 1945 Consttuton . 25 3 .2 .2 .2 The Human Rghts Law . 25 3 .2 .2 .3 Mnster of Agraran Affars . 26 3 .2 .2 .4 The Regonal Autonomy Law . 26 3 .2 .2 .5 The Papuan Specal Autonomy Law (PSAL) . 26 3 .2 .3 Educaton . 27 3 .2 .4 Adat Insttutons . 28 3 .2 .5 Socal and Famly Welfare . 28 3 .2 6. The Envronment . 29 3 .2 7. Internatonal Conventons on Indgenous People . 30 3 .3 Indgenous People and Natural Resources . 30 3 .3 1. The Consttuton . 30 3 .3 .2 General Provsons on Natural Resources n the PSAL . 31 3 .3 .2 1 . Authorty of the Papuan Government over Natural Resources . 31 3 .3 .2 .2 The Explotaton of Natural Resources . 32 BP Tangguh Integrated Social Program 3 .3 .3 Land . 32 3 .3 .3 1 . The Basc Agraran Law . 33 3 .3 .3 .2 Regulaton of the Mnster of Agraran Affars 5 of 1999 . 33 3 .3 .3 .3 PSAL Provsons on Land . 34 3 .3 .4 Forest . 34 3 .3 .4 1 . Authorty over Forests . 34 3 .3 .4 .2 Types of Forests . 35 3 .3 .4 .3 Adat Forest . 35 3 .3 .4 .4 Communty Forest . 35 3 .3 .4 .5 Adat Payments for Trees . 36 3 .3 .5 Marne . 36 3 .3 .5 1 . Tradtonal Fshermen . 37 3 .3 6. Ol and Gas Resources . 37 3 .3 7. Water . 38 3 .3 .8 Revenue from Natural Resource Extracton . 38 3 .3 .8 1 . Regonal Autonomy . 38 3 .3 .8 .2 Specal Autonomy . 39 3 .4 General Legslaton . 39 3 .4 1. The Natonal Development Programs (PROPENAS) . 40 3 .4 1. 1 . Prortes . 40 3 .4 1. .2 Economc Development . 40 3 .4 1. .3 Poltcal Development . 41 3 .4 1. .4 Regonal Development . 41 3 .4 1. .5 Development of Natural Resources and Envronment . 41 3 .4 .2 Regonal Autonomy Laws . 41 3 .4 .3 Human Rghts . 42 3 .4 .3 1 . Scope of Human Rghts . 42 3 .4 .3 .2 Oblgaton to Uphold Human Rghts . 42 3 .4 .3 .3 Natonal Commsson on Human Rghts ................................. 42 3 .4 .3 .4 Rghts of the Natonal Commsson . 43 3 .4 .3 .5 Ablty to Make a Complant . 43 3 .4 .3 6 . Publc Partcpaton n Human Rghts . 43 3 .4 .4 Mgraton . 43 3 .4 .4 1 . Regstraton . 43 3 .4 .4 .2 Regstraton Documents . 44 3 .4 .4 .3 Regstraton Requrements for Departure/Arrval of a Resdent . 44 3 .4 .5 Manpower . 44 3 .4 6. Vllage Admnstraton . 45 3 .4 6. 1. Structure of Vllage Admnstraton . 45 3 .4 6. .2 Head of Vllage . 45 3 .4 6. .3 Vllage Representatve Board . 46 3 .4 6. .4 Vllage Communty Insttuton . 46 3 .4 6. .5 Vllage Income and Budget . 46 Contents 3 .4 7. Transmgraton . 46 3 .4 7. 1. Programs carred out from 1958 untl 1972 . 46 3 .4 7. .2 The 1972 Program . 47 3 .4 7. .3 The 1997 Program . 48 3 .4 .8 Adat Culture . 49 3 .4 .9 Cultural Property . 49 3 .4 .9 1. Ownershp . 49 3 .4 .9 .2 Regstraton, Protecton and Mantenance . 49 3 .4 .9 .3 Support and Supervson . 50 3 .4 10. Populaton and Development of Famly Welfare . 50 4 The Project Setting 51 4 1. The Poltcal Context . 51 4 .2 The Brd’s Head Pennsula of Papua . 52 4 .3 Kabupaten Teluk Bntun . 55 4 .3 1. Poltcal Admnstraton . 55 4 .3 .2 Envronment . 56 4 .3 .3 Socal and Economc Profile . 58 4 .3 .3 1. Access and Transportaton . 58 4 .3 .3 .2 Infrastructure, Servces and Utltes . 58 4 .3 .3 .3 Demography . 60 4 .3 .3 .4 Relgous Affilaton . 62 4 .3 .3 .5 Health . 62 4 .3 .3 6. Educaton . 65 4 .3 .3 7. Industral and Commercal Development . 66 4 .4 Trbes of Kabupaten Teluk Bntun . 69 4 .4 1. Trbal Groups . 69 4 .4 .2 Trbal, Clan and Vllage Leadershp . 70 4 .4 .3 Household, Famly and Vllage Structure . 71 4 .4 .4 Vllage Infrastructure, Servces and Utltes . 72 4 .4 .5 Custom (Adat) and.
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