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					Towards Good REDD
Governance - Land, resource
rights and local communities
in Aceh, Indonesia



Patricia Parkinson
International Development Law Organization
Asia Forest Partnership Dialogue
Bali, 28-29 May 2009
Overview

  The context: Deforestation in Aceh

  IDLO project: Natural Resource
   Management and Poverty Reduction-
   Avoiding Deforestation in Aceh,
   Indonesia - Land, Resource Rights and
   Local Communities.

                                           2
The International Development Law Organization
www.idlo.int
 International inter-governmental organization
  dedicated to promoting the rule of law and good
  governance in developing countries, countries in
  economic transition and in those emerging from
  armed conflict.

 IDLO catalyzes legal and institutional reform by
  facilitating the development and implementation
  of reform agendas using a multi-stakeholder
  approach.

                                                     3
Deforestation in Aceh

                    Aceh, Indonesia’s westernmost
                     province, population approx. 4
                     million people
                    Aceh contains over 3 million
                     hectares of forest. It is rich in
                     biodiversity and includes some of
                     the largest remaining contiguous
                     forested area in South East Asia

                    Deforestation rates in Aceh have
                     increased significantly following
                     the signature of the peace
                     agreement in 2005. Deforestation
                     levels have risen from an
                     average of around 20,000 ha per
                     year pre-tsunami to over 130,000
                     ha per year in 2005-2006”.

                                                     4
REDD in Aceh
Aceh Green
                  Governor Irwandi Yusuf’s Green
                   Economic Development and
                   Investment Strategy for Aceh,
                   Indonesia (Aceh Green)
                  Moratorium on logging
                  REDD projects fundamental
                   component of Aceh Green




                                                    5
REDD Projects in Aceh
                  ULU MASEN ECOSYSTEM
                      REDD PROJECT

   750,000 ha
   3.3 million carbon credits annually
   Government of Aceh, Carbon Conservation and FFI
   Finance generated from the Ulu Masen REDD Project will be
    used to “conserve the forest’s rich biodiversity and develop
    projects for local communities”.
   “All project proponents are committed to ensuring that
    benefits are equitably shared among stakeholders, including
    forest dependent communities and those with customary
    rights to forest land.”


      LEUSER ECOSYSTEM PROJECT REDD PROJECT

   2.6 million ha (40% of Aceh land mass)
   GoA Leuser Ecosystem management Agency & SFM Pty Ltd,
   “Investment in these areas can be structured to generate
    multiple revenue streams from avoided deforestation,
    sustainable forestry, reforestation, afforestation, biomass
    energy, bio-fuels conservation agriculture and ecotourism
    while maintaining and restoring their ecological integrity and
    providing sustainable livelihoods to local communities and
    indigenous people.”                                              6
Local communities: Land rights,
access to resources in the context
of REDD

   Land rights and access to resources lie at the heart of
   both Indigenous and local communities’ livelihood and
   of REDD. For REDD to achieve both the sustainable
   development and poverty eradication objectives of the
   UNFCCC and Kyoto Protocol, and their primary
   objective of climate change mitigation, it is essential
   that land and resources issues are addressed and that
   the voices and interests of local, forest-dependant
   communities are heard, considered and protected by
   law.


   .
                                                             7
Anchorage Declaration, April 2009

 Adopted at the Indigenous Peoples’ Global Summit on
   Climate Change, Anchorage, Alaska, 20-24 April 2009

 Art. 5: “All initiatives under Reducing Emissions from
   Deforestation and Degradation (REDD) must secure
   the recognition and implementation of the human rights
   of Indigenous Peoples, including security of land
   tenure, ownership, recognition of land title according to
   traditional ways, uses and customary laws and the
   multiple benefits of forests for climate, ecosystems,
   and Peoples before taking any action.”.

                                                           8
Good REDD Governance
 REDD governance refers to decision-making processes related to REDD,
   including how decision-makers use their power and how they are held
   accountable for their decisions. It encompasses the institutional and legal
   framework of decision-making processes at international, national,
   regional and local levels.

 Good governance is increasingly recognized as central to development. It is
   a necessary condition for foreign investment and economic growth, social
   harmony and sound environmental management.

 Good REDD governance refers to the principles of good governance and
   the rule of law applied to REDD, including the principles of effective
   participation, accountability, transparency, responsiveness, effectiveness,
   efficiency and equity.

 Good REDD governance also encompasses the principles of Good Forest
   Governance, but goes beyond this concept to cover broader aspects of
   governance relevant to REDD.
                                                                             9
The project: “Avoiding Deforestation in Aceh, Indonesia:
Land, Resource Rights and Local Communities”



     In the lead to COP 15, and as part of Part of IDLO’s
     Natural Resource Management and Poverty Reduction
     program, this project aims to:

   Strengthen the institutional, policy, legal & regulatory
    framework relating to natural resources management
    and land use change, and build the local capacity to
    secure indigenous and local communities’ land rights
    and access to resources in the context of REDD, and
   Promote Good REDD Governance
                                                               10
Communities visited




                      11
                Key Findings and
                Recommendations

 Decision-making processes on REDD need
  involving communities
Consultation with, and involvement of, local communities and other
  stakeholders at very initial stages of project development
Establish a formal and accessible complaints mechanism

 Clarify and increase the role of communities in
  forest management and REDD initiatives:
 Raise awareness and access to information on REDD to enhance the
  effectiveness of communities’ involvement
 Capacity building on sustainable forest management
 Regulation is required to clarify the role, function and authority of existing
  adat institutions.
 Strengthen local customary institutional capacity

                                                                                   12
          Key Findings and
          Recommendations
 REDD capacity building and technical support
  to government:

 Legal drafting

 Capacity building: REDD, Sustainable forest
  management, Investment & PPP, Negotiation skills …
         Key Findings and
         Recommendations

 Weak land tenure security:
Land ownership records incomplete, inconsistent or
  absent;
Unclear boundary demarcations and absence of mukim
  or community map
High risks of land disputes and conflicts
 REDD projects to include a land titling component
 All communal customary land should be recorded,
  inventoried and mapped
 Dispute resolution mechanism
Where to from here…
 IDLO project phase II: acting on some of the
   recommendations:
  Capacity building on REDD and Good REDD
   Governance for the Government of Aceh
  Capacity building for local civil society, for them to raise
   awareness and capacity at the community level
  Technical assistance to the government of Aceh
  Foster multi-stakeholders approach
  Support the development of best participatory
   approach with publication of a REDD and Participatory
   Process Best Practice publication
  Bring the lessons learnt from Aceh to a national
   (Indonesia) level and international level (Copenhagen).
                                                             15
.
       For more information and follow        IDLO Avoiding Deforestation in
        up on project and publication:                 Aceh Project team:
        www.idlo.int <Where we work>       In Aceh:
        <Indonesia project office (Banda   Jane Dunlop, International team
        Aceh)>                                 leader and research lead
                                               researcher
                                           Basyuni, Project and Research
                                               Officer
                                           Kurniawan S., Research Consultant
                                           Fadhillah Hanum, Finance and
               THANK YOU !                     Administration Officer

              TERIMA KASIH !               In Sydney:
                                           Patricia Parkinson, Project Manager
                                           pparkinson@idlo.int


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