Stronger land rights improve forest management in Indonesia

Indonesia’s remaining forests face many threats: illegal logging, fires and conflict over land rights and ownership of ‘common’ forest land. Local people have seen the national government give rights to use forest to large industries, who often exploit these resources illegally.

Land classified as ‘Forest Zone’, which is controlled by the government, covers 62 percent of Indonesia. However, research by Forest Trends, USA, and the World Agroforestry Centre shows that large areas of this land is not actually forest but used for agriculture, including agroforests growing rubber, cinnamon and fruits trees.

There is no overall forestry strategy for the country and laws governing land rights are complex: ownership areas often overlap, laws are contradictory and often they are not enforced. This means that communities often lose out to powerful political and industrial players who can use uncertainties in land laws to their advantage. Many communities resent this situation, resulting in violent protests and aggressive responses by the government.

The potential of community land ownership to contribute to poverty alleviation and sustainable natural resource management has become more widely acknowledged during the last decade. Land rights bring self-reliance and negotiating power to communities. This reduces their vulnerability and increases incentives to invest in land.

Several factors inhibit the successful transfer of land rights in Indonesia:

• conflicting land laws and regulations cause confusion at all levels
• many government officials feel threatened by the idea of community decision-making
• there is little coordination between ministries and departments with relevant responsibilities
• knowledge of land use in the forest zone is poor: previous assessments have treated forest zones as places without people.

Forest management by the central government has failed to conserve Indonesia’s forests or benefit people living in or near them. Attempts to decentralise management has complicated an already confused and corrupt legal system. Transferring land ownership rights to local communities could improve both the management of forests and the country’s economic development.

The research recommends:

• Reform the confusing regulations that govern land tenure and transfer current rights that are clearer.
• Reclassify land in the ‘forest zone’ that is not natural forest. There are no legal barriers to this and the Indonesian land agency has recent positive experience that will be useful.
• Award long-term leases to communities who want to use resources rather than just own the land. Extending these will depend on good management practises to encourage sustainable management.
• Define community lands using methods such as community mapping. This will help to reduce conflict over ownership by enabling local people to determine who owns what.
• Introduce policy changes to areas where they are most likely to be successful. This will raise the profile of community ownership, increasing support elsewhere.

Source(s):
‘Strengthening Forest Management in Indonesia through Land Tenure Reform: Issues and Framework for Action’ Forest Trends: Washington DC, by Arnoldo Contreras-Hermosill and Chip Fay, 2005 Full document.

Funded by: The World Bank; the United Nations Food and Agriculture Organization; the UK Department for International Development

id21 Research Highlight: 31 March 2006

Further Information:
Chip Fay
World Agroforestry Centre
J1 CIFOR Sindang Barang
P.O. Box 161
Bogor 16001
Indonesia

Tel: + 62 251 625 415
Fax: + 62 251 625 416
Contact the contributor: c.fay@cgiar.org

Forest Trends, USA

World Agroforestry Centre

Other related links:
'Forest ownership – community rights on the rise'

'Fuelling conflict: unsustainable forestry practices in Burma'

'Conflicting aims: tribal rights and conservation practice in India’s forests'

'Women and land rights in India – competing and changing interests'

'Supporting indigenous land rights in Latin America '

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