Local policy-making mechanisms - Forest Climate Center

Local Policy-making MechanismsTable 3. List of Centrally Issued Permits to Utilize Timber (IPK) in Tanjabbar for 2001No. IPK issued Area (ha) Validity Location Permit holder1. 61/Kpts/Kwl-1/2001 28February 2002685 28 February2001 to 28February 2002Plantation area of BukitKausar BDPNP/APLEks HPH PT. HTII,Tungkal UluPT. Inhutani V2. 62/Kpts/Kwl-1/2001 28February 2002200 28 February2001 to 28February 2002Plantation area ofPradira MahajanaBDPNP/APL Eks HPHPT. HTII, Tungkal UluPT. Inhutani VSource: Tanjung Jabung Barat District Forestry and Estate Crops Offi ce (2002).3.3 Tanjabbar ForestryRegulations: Analysis ofContents3.3.1 Objectives behind theformulation of the newregulationsIn the introductory considerations of the threedistrict regulations (IPHHI, IPHH and RHH) itis clear that Tanjabbar District Government istrying to facilitate an easy process for acquiringpermits for forest uses without explicitly statingthe purpose of or background to the creation ofthe regulations. This lack of clarity about theobjectives behind the new policies may resultin legal and social conflicts in the future.Based on our extensive consultations withlocal stakeholders about their aspirations andneeds in relation to forestry policy making, itis clear that there are at least two fundamentalobjectives that should underpin any newforestry regulations. First, to improve lawand order in managing forests in a moreaspirational and participatory manner thatwill provide equal justice and democratize themanagement of forest resources 29 ; Second,to provide greater opportunities for the localpeople living in or around the forests to gainmost benefit from those forests. In practicalterms, district regulations based on these twoobjectives should ideally include the followingprovisions:1. Provisions for a more inclusive andtransparent system for issuing permitsfor forest use. District regulations mustemphasize the need to publicize permitapplications before they are approved. Itis crucial that the public is made awareof submitted permit applications as thiswill give local people the opportunity toassess and file complaints or give theirinput to support the process of decidingwhich applications to pass. To date, nondisclosureof information about permitapplications has sown the seeds for muchof the conflict between permit holdersand local people. Disclosure is essential,not only to democratize forest resourcemanagement but also to minimize potentialconflicts.2. In line with provisions in Law 22 onDecentralization, all permit holders mustbe subject to requirements that protectand acknowledge local culture, practicesand wisdom. District regulations shouldcontain a stipulation that permits cannotbe granted without the prior knowledge,consent and full involvement of the localcustomary community or the villageauthorities (Village RepresentativeBody (BPD) and the village head) in theproposed activities 30 .3. District regulations must includeclarification of the local cooperatives’rights to acquire permits. Are therequirements for cooperatives the same asthose for large private companies? Whoare eligible members? Is the cooperativerepresentative and inclusive of the wholecommunity? How was the cooperativeestablished? Can permits be given to theadat community without establishing a14