Analysis

Reviving traditional food systems among the Higaonon and Tagbanwa

admin_samdhana — Sat, 04 Mar 2023 07:59:25 +0000

Reviving traditional food systems among the Higaonon and Tagbanwa admin_samdhana Sat, 03/04/2023 - 14:59

It may well be said that for the Higaonon in Dulangan Ancestral Domain in Misamis Oriental and the Calamian Tagbanwa in Coron town in Palawan, culture embraces the way they provide food for themselves. All they needed to do was grow their own crops or pick edible plants that grow freely in their surroundings, hunt in the forests and fish in the sea and rivers.

That was many years ago, before they became reliant on buying food from the market. But, as the two communities realized during activities under Agrobiocultural Diversity of Indigenous Food Systems (ABCD in Food), a project facilitated by the Samdhana Institute, the eventual reliance on the market didn’t come as a choice; as the community members themselves put it, it was forced by factors like land use conversion, deforestation, development aggression, soil degradation, climate change, and displacement.

Calamian Tagbanwa participants from other communities shared that in their ancestral domain, some areas are occupied by migrants and fenced off as part of the tourism resorts. They were cut off from lands and coastal areas that they had traditionally foraged and farmed. The government allowed these projects to operate without respect for the indigenous peoples’ ancestral domain.

Tradition as key to food security

The project, which was implemented in coordination with the indigenous political structure of the communities, consisted of documentation activities and learning exchange between the Higaonon and Tagbanwa. It aimed to revive the way the two communities value their traditional food systems and the food sources and practices within their ancestral domains, and to help indigenous peoples develop resilience. It built on efforts starting in 2018 and became timely during the COVID-19 pandemic when many communities, especially those in the urban areas experienced food insecurity.

Riza Apdian, one of the Higaonon women participants, said the food documentation helped her go back to her roots as an indigenous person.

“In the past, my ancestors had an abundance of different food sources that are nutritious, unlike today. After attending the food documentation activities, I rely on these food sources from the environment...it will prepare us to be more resilient,” she said.

“We can bring these different food sources to our table. I am more motivated to share these learnings, and especially now that we have our communal garden, I hope these learnings and initiatives will be replicated and sustained,” she added.

Lost territory, lost knowledge

The documentation activities required the participants and community members who were interviewed to recall the primary sources of foods of their elders or ancestors. These also made them realize that knowledge of food systems, including sources (forests, rivers, seas) and seasonality or the time of year that they are available, are rooted in their traditions as foundations of their culture and spiritual well- being.

In the past, these methods ensured food security for the indigenous communities. However, in Coron Island in particular, this body of knowledge is slowly disappearing because it has not been documented and transmission is mainly through oral means. The influence exerted by mainstream society is another reason; most IPs now prefer to buy food from the market rather than gather from their surroundings, which requires more labor and a longer period to harvest.

The participants cited the loss of control over their ancestral domains and access to resources as yet another factor for the gradual demise of these practices. As they would realize along the way, tenure security means food security.

This reality is more pronounced in the Calamianes Islands, where the local government does not recognize the indigenous peoples’ rights to their ancestral domain. Those living in far-flung areas are not even provided such basic services as potable water supply and electricity.

In contrast, local government officials are allowing private individuals and investors to own areas within the ancestral lands and waters of the Tagbanwa, in particular those with high potential to become prime tourist destinations. This, along with “development” projects that disregard their way of life and destroy the ecosystems, has deprived the Tagbanwa of access to their traditional sources of food.

‘Panlauy’ and other practices

As part of the documentation activities, the Higaonon conducted a “panlauy” or forest trek in Dulangan. Twenty-one men, women and youngsters did a transect walk through the forest within their ancestral domain to identify traditional food and other resources. Unfortunately, they had to cut it short due to the presence of rebels in the area.

Rivers and creeks also serve as food sources for the Higaonon. There they would practice “pangiwag” to get fish and other edible creatures at night, as well as “panikop” by building makeshift dams when trying to catch fish using bamboo or rattan baskets or nets. But they have stopped practicing these methods, which they consider too tedious.

The documentation activities identified over 70 food sources ranging from the forest to the coast. Calamian Tagbanwa call their traditional food “silipeten” while the Higaonon call it “salag-on”. The results will be featured in a book that will mainly serve as an internal document for the community, and will be included in their Ancestral Domain Sustainable Development and Protection Plan.

To conserve the remaining salag-on in the community, the Higaonon partners will develop their “food forest”. They have already conducted two meetings for establishing a communal garden, and laying down initial plans for the “food forest,” which will have an area of roughly four hectares. They envision growing together the traditional root crops, fruit trees, traditional grains, and others that they had identified in the forests.

Higaonon partners are excited to replicate this initiative in the seven other gaup or communities in their unified ancestral domain. In Calamianes, there is a plan to replicate it in the Depelenged community to sustain the earlier documentation activities in the community’s mangrove areas. In this manner, the promotion and conservation of their traditional foods will be institutionalized.

Learning exchange

Aside from the documentation activities, the two partner communities engaged in a learning exchange. Since the ABCDinF project simply replicated the existing initiatives that were piloted by the Calamian Tagbanwa, eight men, women, and youth from the Higaonon community went to Palawan to learn from the experiences and lessons of their hosts.

Their conversation covered the present state of their food practices, food security initiatives, documentation outputs and community plans, and their ways of preserving traditional knowledge. The exchange led them to realize the link between food security, natural resources, and asserting their rights to their ancestral domains. Tagbanwa women cited as example the need to protect the mangrove forests in their territory because it’s where they get medicines that they use after giving birth.

Moreover, they shared insights on why their traditional practices and indigenous knowledge have disappeared over time. They cited factors like land use conversion, deforestation, and climate change. On top of these is the encroachment of migrants into their ancestral domains. The Tagbanwa said migrants have fenced off their (Tagbanwa) lands for tourism purposes, preventing them from entering the lands and coastal areas that served as their traditional sources of food. They said the government allowed these projects to operate without respect for the indigenous peoples’ rights to their ancestral domain.

Women and youth participation

Women and youth were empowered by the project, as it highlighted their significant role in strengthening their food system as an element of their culture. It has boosted their self-confidence, provided knowledge, deepened their appreciation of the need to embrace their culture and assert their rights to their ancestral domain. The elderly women who participated in the interviews felt the importance of their role as culture bearers and in transmitting indigenous knowledge systems and practices to the next generation.

On the other hand, the men realized that women are capable not only of doing household chores but also as repositories of knowledge about food, medicine, and natural resources. In Dulangan, they see the value of women and men working together in natural resource management with their respective roles.

At the start of the project though some male tribal leaders questioned why it’s the women who led the project, giving the impression that they still clung to the view that women should remain inside their homes. This entailed several presentations and discussions with the community partners to reach a common understanding with them and gain their acceptance. Besides, there was the challenge of how to catch the interest of the youth to involve in the documentation activities.

Future plans

For Samdhana, the experiences from the project provided lessons that should be communicated to other indigenous communities to make them aware about various ways to assert their rights. And, since food security and food sovereignty remains a primary goal of the Institute as part of building resilience, the project should be replicated in other indigenous communities.

In line with its promotion of an agro-ecology framework that is closely woven into indigenous knowledge and worldview, Samdhana envisions linking the project partners to other organizations in their initiatives to set up a “food forest”.

Moreover, indigenous peoples need to speak out more about their rights and about their ancestral domains. Hence, Samdhana is planning to develop (through learning by doing with community partners) programs and learning activities that will increase their capacity, especially that of the youth, in communicating more effectively about their rights, identity and culture.

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Aspiring for ‘more teeth’ for UNGP Business and Human Rights

admin_samdhana — Tue, 13 Dec 2022 04:13:27 +0000

Aspiring for ‘more teeth’ for UNGP Business and Human Rights admin_samdhana Tue, 12/13/2022 - 11:13

The United Nations Guiding Principles on Business and Human Rights is helping strengthen efforts to make businesses accountable for abuses committed in the course of their operations, hopefully transforming them from mere profit-seekers into catalysts of social development.

by Ling Hong

Businesses in the neoliberal era are bringing not only economic development but also detrimental impacts on people and nature. This is heightened by neoliberal policies that promote corporate capture whereby states seemingly take the cudgels for profit-seekers in the process of orchestrating economic development, especially for projects that require massive exploitation of natural resources.

This state of things places at a disadvantaged position indigenous peoples and local communities who largely depend on the health of forests and land for their livelihoods and the preservation of their identity.

To reverse this condition and make businesses accountable for the adverse impact their operations have on people and communities, the mechanism "Business and Human Rights" emerged.

The United Nations Guiding Principles (UNGP) on Business and Human Rights was unanimously endorsed by the United Nations Human Rights Council in June 2011. These guiding principles are drawn from existing standards and practices in international and domestic laws which are re-elaborated for states and businesses.

The principles are grounded on the framework of "Protect, Respect and Remedy" in recognition of the State's duty to protect human rights, the corporate responsibility to respect human rights, and the need for greater access to remedy for victims of business-related abuses (Ruggie, 2012).

Based on the framework, the 31 guiding principles were developed, and states and businesses are encouraged to comply through policy commitments, although on a voluntary basis. Through legislation, a state sets out its expectation for businesses to abide by the guiding principles as well as establish mechanisms for access to justice and remedy for affected communities. Corporate organizations are enjoined to integrate human rights standards into their operations to avoid human rights abuses.

A significant measure to guarantee implementation of the UNGP is for states to develop a National Action Plan (NAP) on business and human rights, upon the strong push of the European Union.

Japan, Thailand experiences

In Asia, Japan and Thailand are recognized as pioneers in adopting NAPs. Thailand’s NAP was adopted by the Cabinet on 29 October 2019, and covers the period 2019 to 2022. It identified as priority themes labor; community, land, natural resources, and the environment; human rights defenders; and cross-border investment and multinational enterprises (NAPBHR, p.65-126).

During the 2022 Asia-Pacific forum on business and human rights on “Translating United Nations Guiding Principles into Practice”, panelists from both countries pointed to the necessity of raising awareness about the guiding principles among businesses and civil society organizations to ensure effective implementation of the NAP. They recognized the key role played by nongovernment groups in such a process. The panelists further observed that the lack of political will of states to impose stronger regulations and require human rights compliance, and the shrinking civic space in Southeast Asian countries are weighing down the implementation of the UNGP in the region.

In Thailand, it was observed that the NAP was ineffective in stemming the widespread human rights abuses by businesses such as the filing of strategic litigations against public participation or SLAPP cases targeting those opposing their operations. The instrument, it was further observed, failed to guarantee access to remedy by affected communities and peoples.

Even then, some positive lessons are also noted from the experience of Thailand. For one, its Ministry of Justice is at the core of rolling out the NAP, taking the cudgels for the instrument with other government ministries, conducting trainings, organizing exhibitions, interacting with the news media, and creating the Business and Human Rights Academy, all in the interest of advancing the cause of business compliance to the UNGP. Moreover, the ministry already identified 10 areas, including provincial ones, where it will pilot on-the-ground NAP implementation.

In Japan, the government has estimated that about 50% of companies have started complying with the UNGP. However, effective implementation is put into question since the instrument is a voluntary one, not legally binding. During the forum, many participants, including those among the panelists, view the development as an encouraging one, saying the NAP is a starting step for implanting the UNGP into the mindset of businesses. Although, everybody agreed that the situation could have been better if the guidelines were translated into legally binding instruments through a national law.

State of human rights defenders

Another critical topic tackled in the forum is on human rights defenders, encompassing those working for the protection of the environment and indigenous peoples. The UN organizations and human rights lobbies acknowledged them as "ears and voices" of the human rights situation on the ground as well as frontline actors who risk their lives for sustainable development by fighting to protect communities against harmful businesses.

However, in many countries around the world, human rights defenders are tagged "anti-development actors,” and even terrorists as their work are criminalized, making them vulnerable to legal attacks.

According to the Business & Human Rights Resource Center, there were 600 attacks in 2021 on climate, land, and environmental rights defenders worldwide, and there are no signs of letup. At least 76 were killed while defending their rights against harmful business operations and at least 88 death threats and intimidation were recorded.

Judicial harassment, including SLAPP cases, was the most common type of attack against human rights defenders in 2021. Last year, most of the attacks occurred in India (49), Mexico (47), and the Philippines (44).

Many of the forum participants who are from civil society organizations and human rights defenders, shared their experiences with judicial harassment, SLAPP cases, arbitrary arrests, imprisonments, killings of colleagues, and threats associated with their work of defending grassroots communities and peoples against harmful business operations. These experiences demonstrate the feeble condition of existing protection mechanisms for human rights defenders——in the same way that mechanisms of justice for affected peoples and communities are also weak—— in the countries of the region.

Alarmed by this trend, forum participants are one in recognizing that the protection of human rights defenders must be a priority in the implementation of the UNGP and in pursuing sustainable development in the region as they play a crucial role in efforts to minimize the negative social, environmental, and livelihood effects of business activities.

During the forum, leaders of indigenous peoples from Indonesia, the Philippines, Thailand, Northeast India, Bangladesh, and Nepal voiced their concerns about the failure of state authorities to check on the complicity of businesses in acts of human rights abuses as they force their way into local communities and indigenous territories with wanton disregard for Free and Prior Informed Consent (FPIC) rules amid worries these ventures bring dire impacts on the environment and peoples. These investments include, among others, the construction of dams, mining, and conservation. It was just unfortunate that representatives from international financial institutions that usually bankroll these projects were not around, and there were also only a few representatives of governments present. In relation to dams, some activists participating in the forum openly rejected suggestions that mega dam ventures, which incur widespread social and environmental footprints, should be considered as renewable energy initiatives.

There is still a big challenge in turning around the regard of businesses and governments toward human rights defenders and the pivotal work that they do for social development. Hence, states, UN agencies, human rights-based institutions and nongovernment groups must think of ways to provide them protection. Governments should, at the very least, lift policies that criminalize the work of human rights defenders.

Aspiring for more teeth

One of the initiatives along with UNGP is the advocacy for Legally Binding Instruments (LBI) led by Asia Task Force. Asian countries such as China, India, Indonesia, Pakistan, the Philippines, and Vietnam voted in favor of this instrument at the Human Rights Council (Resolution/26/9/27 June 2014).

Ecuador was the lead country in advocating for LBI, rooted on their experience with the tremendous negative impact of the oil production activities of Chevron for which the American multinational got away with accountability.

Asia Task Force, which was established in 2017 for LBI advocacy, was actively engaged in the forum’s space for civil society organizations (CSOs) in pursuit of a draft legally binding international human rights instrument or treaty that could help end corporate capture of state decision making pertaining to human rights issues that involve businesses hence, ensure a stop to abuses and violations on the local environment and peoples arising from business operations. Such instrument also intends to establish access to justice by individuals and communities facing business-related abuses and violations——such as land confiscation, risking lives, destruction of natural resources, and the perpetration of slave-like working conditions (ESCR-Net)——as a response to the limits of the voluntary nature of the UNGP.

In drafting a legally binding treaty, there should be active participation of communities, CSOs, and like-minded state actors and businesses. Central to that process should be the interests and needs of indigenous peoples, local communities, and human rights defenders.

In the forum’s free space for CSOs, apprehensions were raised that going into the LBI negotiation process, CSOs may be handicapped by their poor knowledge of the UNGP. There were also worries the LBI negotiation may become a largely state-led process and sweep civil society voices in the margins, and that the resulting instrument may veer away from the original purposes of the UNGP.

To make the LBI advocacy effective, it was recommended that an assessment must be done on NAP implementation, highlighting its gaps and limits, and the active engagement of CSOs, human rights defenders, and communities in each country.

More work needed

In conclusion, UNGP and NAP are already a good start for ensuring the protection of communities and peoples against potential human rights abuses arising from business operations, and providing those negatively impacted access to remedy and justice.

However, despite UNGP and NAP, human rights abuses traced to businesses are still widespread and increasing, and those working to defend the rights of communities and peoples against these are the subject of attacks.

More work, therefore, is needed to make businesses comply with the UNGP as well as embed the UNGP into how countries regulate economic activities and pursue social development.

In the meantime, the bleeding among the community of human rights defenders must immediately stop.

(Ling Hong is the Lower Mekong Officer of Samdhana Institute. Ling attended the 2022 United Nations Responsible Business and Human Rights Forum, Asia-Pacific, from 19 to 22 September 2022 in Bangkok, Thailand. This article is a reflection piece and does not represent the official position of Samdhana Institute. )

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The 2022 UN RBHR Forum took place in Bangkok, Thailand, from 19 to 22 September 2022. Photo taken from 2022 UN Responsible Business and Human Rights Forum Report

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Loss and Damage: Perspectives from Southeast Asia

admin_samdhana — Wed, 07 Dec 2022 08:14:22 +0000

Loss and Damage: Perspectives from Southeast Asia admin_samdhana Wed, 12/07/2022 - 15:14

The Manila Observatory, Chiangmai University and Samdhana Institute present this policy brief on Loss & Damage, one of outputs from the Southeast Asia regional consultation held in August of this year in Bohol, Philippines. It aims to provide the regional context on the rising urgency to pay attention to loss and damage.

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Analysis

The Badjao Indigenous Peoples in Surigao City: Forever an Eyesore?

admin_samdhana — Wed, 07 Sep 2022 18:16:05 +0000

The Badjao Indigenous Peoples in Surigao City: Forever an Eyesore? admin_samdhana Thu, 09/08/2022 - 01:16

By: Bibing Mordeno/ Samdhana

The Badjao are an indigenous group in the Philippines, known as sea nomads. According to a study[1], they have been in the country since 500AD; described as endemic fisherfolks who have been using sustainable fishing methods for over 1,500 years. They are categorized as the 13th Moro ethnolinguistic grouping[2], not necessarily by mutual agreement but rather because of their traditional habitation in the waters of what we refer to as the pre-Martial Law unified Sulu islands consisting of the three provinces of Sulu, Tawi-Tawi and Basilan, a predominantly Moro territory. Samdhana Institute formally supported almost 200 Badjao families in Barangay Canlanipa, Surigao City, Surigao del Sur in December 2021; through the recommendation of staff who have come to know them more closely and more deeply for almost five years now. Of the 54 barangays in the city, it is only Canlanipa that accommodated and opened up their territorial jurisdiction to these sea nomads.

The population of Badjaos in Surigao City is reported at 2,000 individuals, but there is probability that this is inaccurate because of their high mobility. For a variety of reasons, including ongoing violent conflicts and the neglect of their sea-based existence, they have become urban nomads, known for begging alms and travelling to other cities and towns far from Surigao.

In Canlanipa, the Badjaos live at the city port. The Daughters of Our Lady of the Sacred Heart (DOLSH)[3] supported and accompanied them to undergo various capacity development interventions such as mat-making, sewing, dressmaking, cooking of pastries, and planting of vegetables. According to DOLSH sister, Catherine Biyo, fewer Badjaos were seen soliciting alms during this period.

DOLSH’s program eventually gained support from the Roman Catholic Diocese of Surigao through the Social Action Center-Indigenous Peoples Apostolate (IPA). Previously, the Surigao IPA only had a program for the Mamanwa Indigenous tribe.

At the height of the COVID-19 pandemic in year 2020, the Badjao families were also drastically affected and their poverty multiplied. Some families returned to the streets. To make matters worse, typhoon Odette (international name Rai), categorized as the strongest typhoon of the year, struck in December 2021. The Badjao community was forced to evacuate by the Local Government Unit (LGU) to the city cockpit, which for almost two years was neither used, nor cleared of the overgrown grass, nor cleaned up. They were also not provided with any basic amenities such as bedding, drinking water, or food. However, scared by the rising flood waters and power outage, they decided to leave the place, walked under the heavy rain toward the city terminal and stayed there until the morning.

Through the urgent action grant, Samdhana contributed to providing the needs of the Badjao families who lost practically everything they had – their shanty homes and meager belongings. Other groups such as the Surigao-IPA, Columban Missionaries, the International Organization for Migration (IOM), and the government’s social welfare office also shared some goods for emergency relief and recovery.

In the succeeding consultations, Dahila Amad Araman, the Badjao community leader, mentioned about their relocation problem, which if not readily addressed, will burden them further. She said that after typhoon Odette, they were told they could no longer go back to live at the city port, since the city LGU had plans to develop the area. Their houses were in the danger zone, and also posed a contradiction to the city's tourism. These were statements that some of the Badjaos directly heard from various government officials.

In a multi-agency meeting before the May 9 elections, they were informed to prepare for their relocation to Purok 5, still in barangay Canlanipa. However, the present administration have not acted on this. They fear another typhoon event, which is unfortunately frequent in the province, since it is the usual typhoon pathway in the country. Some families have been living in make-shift houses along the city streets for the last eight months and at least two (2) young children have been victims of hit-and-run.

The Badjao group also complained about the absence of records in the city registry, though they participated in the 2022 elections. “Granting that the Badjao has already existed since 500AD, we should have been enjoying the recognition of rights and ownership of territories ‘since time immemorial’[4]. Why didn’t the NCIP[5] tell us about the need for an Indigenous Political structure? The NCIP Office should have disseminated all these information to us”, Dahila lamented.

The Badjao’s sincere appeal is for the government to finally facilitate their permanent relocation. As much as they desired a better and safer environment, their status as indigenous peoples and their cultural practices should be taken into account. And this goes true for all Badjaos scattered around the country: the concerned LGU should attend not only to their practical needs, but also to their strategic needs. ###

[1] https://www.badjaobridge.org/sea-tribes

[2] Presentation of Atty. Laisa Masuhud Alamia addressed to the United Nations Office of the High Commissioner for Human Rights Sub-Committee on Human Rights Promotion and Protection Working Group on Minorities 11th Session, May 30-June 3, 2005, Palais d’Nations, Geneva, Switzerland

[3] An international congregation with a missionary orientation of bringing the love of God to people everywhere

[4] As provided for in the Indigenous Peoples Rights Act (IPRA) or RA 8371

[5] National Commission on Indigenous Peoples

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The Badjao Indigenous Peoples in Surigao City,Philippines

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Primary Forest Case Study

admin_samdhana — Thu, 17 Feb 2022 04:58:17 +0000

Primary Forest Case Study admin_samdhana Thu, 02/17/2022 - 11:58

Realising rights-based conservation and a sustainable development agenda in Papua to protect the last remaining Indonesian primary forests.

BASIC METRICS

Primary forest area (source): 25 million ha
Carbon storage/sequestration: store 5,081 million tons of carbon
Keystone species: birds of paradise, tree kangaroos, rainbow fishes, birdwing butterflies, black orchids
Supporting indigenous groups, local people: 271 indigenous tribes

Context and values

The primary tropical rainforests of Australasia are the worlds’ third largest after the Amazon and Congo. Papua is the largest island in Indonesia at about 41 million ha, but with a relatively small population. It is divided administratively into two provinces: Papua and West Papua, with 42 districts or regencies. Papua is the most culturally diverse island in Indonesia, with more than 271 indigenous tribes and 5,000 clans who speak 414 different languages, practise different traditions, and have different traditional governance systems and values. Papua is among the poorest regions of the country, but is rich in forests and forest products.

Indonesian Papua has some of the world’s most diverse primary tropical rainforests – many of global significance. In 2018, the Ministry of Forestry and Environment reported that Papua’s forests cover 33.8 million ha, with about 25 million ha considered primary.

The island is endowed with an impressive range of diverse and unusual ecosystems, including glaciers, alpine meadows, cloud forests, lowland forests, karst lakes and rivers, savannahs, mangrove forests, coral reefs and seagrass beds.

Threats

Papua’s deforestation rates are below the national average, but the threat is increasing. Between 2001 and 2018, about 713,766 ha or 2% of the old-growth forests were cleared for logging, oil palm, mining, small-scale agriculture, expansion of new administrative areas, roads and infrastructure in Papua. Legal and illegal logging are the major contributors to forest loss in Papua.

Plans for national economic development established the extraction of natural resources as a priority for the country to boost economic growth and reduce poverty. To facilitate this, the public roads network is constructing a large highway to improve the transport infrastructure. However, the top-down investment design, with minimum local social investment, is creating new social problems and accelerating the destruction of the environment. The Center for International Forestry Research reported that about 86,416 ha of forest has been cleared near main roads since 2000. Ironically, the massive infrastructure development arrives at a time when indigenous Papuans are at their lowest capacity to adapt and benefit. Investment attracts migration, and reduces the opportunities for locals to be involved. Economic development plans should be reframed and roads and infrastructure projects rethought in order to channel benefits toward local communities rather than to large- scale extractives.

Solutions and responses

Strong spatial planning and designation of legal forest zones are crucial to control deforestation. The
Manokwari Declaration signed in 2018 sets a target to conserve 70% of forests, which means both provinces will have to re-designate 10–30% of their current production and conversion forests to conservation status during the spatial plan revision. This should complement the new sustainable development portfolio to adopt low-emission development actions, yet the challenge is considerable.

Implementing a rights-based conservation policy and sustainable development agenda in Papua to
protect the last remaining primary forests is a complex task. It relies on the restructuring of the economic development portfolio, securing indigenous people’s rights and their legal access to the resources, and harmonising local and national regulations, with clear planning of forest zoning and capacity development for local actors.

Progress is being made at the provincial level. A year after the Manokwari Declaration was signed, the West Papua Province Parliament approved the special regulation for sustainable development and recognition of indigenous people’s rights. A few years earlier, Papua Province legalised three special regulations on sustainable forests management, natural resources and indigenous community rights recognition. Several districts also passed local regulations on rights recognition and conservation. Understanding the potential overlap with national policy and regulation, both provinces signed memoranda of understanding with the National Development Planning Agency to pilot low-emission development.

The provincial governments, through a multi-stakeholder task team, are now working on revisions to spatial planning and forest zoning to meet the 70% forest conservation target, integrating community boundary- mapping and land rights recognition into the policies, and creating green economy roadmaps. The target is also designed to preserve the rich biodiversity and the ecoservices that forests provide for the communities on the island that are in line with the welfare development of Papuans. The provinces will need to develop transparent indicators to monitor both the implementation and maintenance of conservation actions.

By 2019, about 3.6 million ha of customary areas/ territories and traditional zoning have been mapped by NGOs and customary community groups. The forestry department of the province has established a task team, including customary community groups, to work on accelerating social forestry and customary forests facilitation in Papua, with a goal to designate at least two million ha in five years. Capacity-building programmes for indigenous and local communities are central to the task force programme. Many actors believe that local economies in Papua should be developed incrementally and based on clear tenure arrangements and strong legal safeguards. New economic development pathways that the government has announced with “zero deforestation” investment should be translated into practical actions.

Traditional Papuan dancing. (Jonathan McCloud)

References:

Gaveau, D. (2019) Drivers of forest loss in Papua and West Papua. Center for International Forestry Research (CIFOR).

Fatem, S.M., Awang, S.A., Pudyatmoko, S., Sahide, M.A., Pratama, A.A. and Maryudi, A. (2018) Camouflaging economic development agendas with forest conservation narratives: A strategy of lower governments for gaining authority in the re-centralising Indonesia, Land use policy. 78, 699–710.

Indri S. et al., 2018, Roads for Communities: Building Road Connectivity Infrastructure for the Livelihood of Indigenous Papuans and the Environment, Executive Summary, The Asia Foundation.

World Resource Institute, Forest Pulse: The Latest on The World’s Forests, Forest Pulse: The Latest on the World’s Forests (accessed on 6 October 2021).

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Supporting local Actors

admin_samdhana — Wed, 14 Apr 2021 17:01:33 +0000

Supporting local Actors admin_samdhana Thu, 04/15/2021 - 00:01

To accelerate the recognition of indigenous territory, in September 2018, the Jayapura regency government issued a District law for the recognition, protection and empowerment of indigenous peoples, establishing a special task force called the Indigenous Peoples Task Force (GTMA). The task force focuses on preparing social and spatial data, providing capacity building to institutions related to the recognition and protection of indigenous peoples' rights to natural resources, and policy analysis which strengthens the implementation of this program.

Since the region received its special autonomy status in 2001, the Papua provincial government has passed regulations that recognise the existence of indigenous communities. Implementation of the provincial regulation depends on action from the districts, however, and most have not taken any action. Jayapura District is an important exception – it is one of the few districts that has developed its own regulations for recognition and protection of the rights of customary villages and indigenous peoples, as outlined in Jayapura District Regional Regulation No. 8 of 2016. The vision of the current District Head of Jayapura is to implement Indigenous Peoples’ tenure rights through District implementing regulations, based on existing laws, such that it is acknowledged by the state.

Samdhana was approached to facilitate processes to ensure that the development process is driven by local community needs, instead of the usual ‘top down’ approach. In collaboration with its national and local network of partners and supported by multiple donors, Samdhana facilitates training to raise awareness and skills, advocates for policy change to support the initiative, and suports mapping and documentation of indigenous rights. Local, national and international exposures in events such as COP 23 or Climate Summits have helped to promote the importance of the issue and raise futher support.

The GTMA has produced a Jayapura District Roadmap document for Indigenous Peoples Recognition, Protection and Empowerment that contains analysis of laws and policies related to the recognition and protection of indigenous peoples and their customary rights. One of their key targets is the 28 villages of the Bhuyaka tribe. By the end of 2020, 30% of the tribes territory had been mapped. Political and policy support to the GTMA from the local government is given through its legal establishment, through the annual district budget allocation (Anggaran Pendapatan dan Belanja Daerah, APBD) and the Village Special Fund (Anggaran Dana Kampung, ADK).

The lessons learned by Samdhana from playing a supporting role for GTMA are, firstly, that support from the local government is vital, especially through policies and budget allocation. The Head of the District embedded GTMA in the local government structure and budget system.

Secondly, the willingness of the district government to work with multiple actors. Mapping requires considerable human and financial as well as time as the issues are complex, takes a lot of time and energy. With total area covering 139 villages and a large number of tribes, limited capacity and limited funding, it will require time to finalise intervention for whole of Jayapura District. For those that has been mapped, although it is not a huge coverage, the local government has seen its benefits, as it has helped them to plan for education, economic development and conservation.

In addition, ensuring that the process is bottom up is proven to be yet another challenge as the capacity is not there. With more than 22 sub-tribes and traditions in Jayapura District it is a challenge to accommodate gender and marginalised groups in the facilitation processes. The whole intervention needs to have a process that enables marginalised and women’s group to participate in the processes.

GTMA is ad hoc and political in nature. To be replicated in other locations, the lessons learned above are very important. Support from the outsiders will not be meaningful if the initiative is not rooted and supported by local actors.

Reforming Ulayat Communal Rights Assets and Access for the Wellbeing of Customary Law Communities in the Bomberai, Domberai dan Saireri Customary Regions – West Papua Province

admin_samdhana — Wed, 14 Apr 2021 11:56:00 +0000

Reforming Ulayat Communal Rights Assets and Access for the Wellbeing of Customary Law Communities in the Bomberai, Domberai dan Saireri Customary Regions – West Papua Province admin_samdhana Wed, 04/14/2021 - 18:56

A Study for Submission to the Governor of West Papua Province
By: Nicolas Wanenda, S.Si*, Yunus Yumte, S.Hut**

Summary:

Customary land or ulayat communal rights in Papua should deliver prosperity to the customary communities. With this thought in mind; through the study, policy review and stock-taking discussions we conducted during 2018–2019, we recommend the West Papua Provincial Government to immediately develop a administrative governance and services to provide recognition, protection, organization and management of customary law community communal land. The provincial government could do this through two considerable tasks: (1) customary community communal rights asset reform; and (2) access reform. Asset reform covers the provision of regional regulations, facilitation of customary land right mapping, and legal designation of district heads and governors establishing ulayat communal rights. And administering communal land ownership through the registration of customary law community communal rights. Communal rights access reform covers: establishment of customary community-owned business institutions; capacity building for communities; data collection and inventorying of potential; and provision of financial and non-financial capital, market access facilitation, and a framework for collaborative investment with third parties.

The division of authority over agrarian affairs between central and regional government under Law No. 23/2014 makes subnational governments responsible for communal land right affair. This task aligns with Papua/West Papua government responsibilities as stipulated under Article 43 paragraph 1 of Law No. 21/2001 on Papua Special Autonomy. Accordingly, we recommend the West Papua Provincial Government immediately facilitate the formulation of regional regulations, participatory mapping, verification of customary communities and communal land, and their legal determination by district head or gubernatorial decree. Following that, the customary ulayat land should be registered to secure formal judicial legality in accordance with agrarian law as mandated by Minister of Agrarian Affairs Regulation No. 18/2019. To carry out these tasks, we endorse the West Papua Provincial Government set up a task force to work under West Papua Provincial Environment and Agrarian Office, Special Autonomy Bureau, and National Land Agency (BPN) Regional Office coordination in carrying out communal rights asset and access reform for the wellbeing of customary community as the ulayat communal rights holders.

Full paper (Bahasa Indonesia)

Published: October 2020

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*West Papua Gubernatorial Expert on Agrarian Affairs. E-mail: nicolaswanenda1956@gmail.com
**Staff member of the Samdhana Institute’s Papua Program: E-mail: yumte@samdhana.org

Creating Conservation Development Codes Under Clear Tenure Rights in Papua, Cases from Tambrauw

admin_samdhana — Mon, 05 Nov 2018 15:16:42 +0000

Creating Conservation Development Codes Under Clear Tenure Rights in Papua, Cases from Tambrauw admin_samdhana Mon, 11/05/2018 - 22:16

As a new established district in West Papua Provinces of Indonesia, Tambrauw; the region in Bird Heads landscape of Papua Island facing a challenges to balancing the needs of government development, conservation of natural resources and economic development of Indigenous Papuan. Acknowledging the facts that 80% of 1,1 million ha of the region are designated as protection and conservation forests function that still primary, lack of public facilities, limited transportation access, the lowest level on the province human development index and the complexity of tenure rights the government through the political commitment and program has announcing the intent to develop a conservation district. Since 2012 the join program was initiated to connects the program of the districts with the concern that Samdhana and partners has in facilitation clarifying of tenure rights to support sustainable land uses and forests development in Papua. The overall works then be sharpening in 2013 with joint works to build enabling condition of conservation development within clear tenure rights.

Customary boundary mapping, legal recognition of customary rights, conservation institution design and its legal regulation drafts are sets of activities Samdhana and partners in collaboration with Local Government and other International NGO such as WWF has supporting since 2013. Recently there are two indicative tribe boundary maps that cover 670,000 ha and 3 clans maps in about 6,591 ha have available to support the next steps of projects implementation in the District. Capacity building that growth from collaboration among different conservationist parties to local actors is also the package that the projects been supporting through a serial meeting and join activities.

Tambrauw is one of the high biodiversity hotspot in Papua Island but not yet well known except as the place of Leather Back Sea turtles nesting sites. But with it hilly geographic areas and dense primary forests covers the areas have keeps and deposits huge amount of naturals resources that recently included in the lists of natural resources investment targets. As the natural barrier for the bird head ecosystems because its position in the upstream that regulates the water ows to other districts such as Major city of Sorong and Manokwari opening the landscape would have a huge negative ecological impact to the landscape. The condition of IPs that live on strong customary rights claim and depending almost 90% of their livelihood to the forests and land uses extraction emphasizing the importance of integrative landscape and livelihood development approaches to interpreting the niece of local government on conservation code of development within clear tenure rights.

Commitment of the local government that rarely found in the two provinces of the Papua-Indonesia is crucial to be supported. A big chance to develop a model of how conservation areas management under clear tenure emerging in the districts to showing that when rights of Indigenous Papuan be legally secured and protected and when they have a good capacity in natural resources governance and management.

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Since 2012 the join program was initiated to connects the program of the districts with the concern that Samdhana and partners has in facilitation clarifying of tenure rights to support sustainable land uses and forests development in Papua.

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Fri, 11/17/2017 - 12:00

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Analysis