Local policy-making mechanisms - Forest Climate Center

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Local Policy-making Mechanismspalm plantations. The resulting deforestationcaused a massive flood, which devastated thevillage of Tungkal Ulu in January 2002.PT. DAS used the slash-and-burn method toclear the natural forests. This method is highrisk, but it is also fast and cheap. Local peopletold us that the company had intentionallyallowed the fires to spread over an area of 15000 ha. It established its plantation over thisentire area, although its permit was originallyfor only 9007 ha 61 .Table 10 below shows the livelihoodsimpacts, which were hardest on local women,after the arrival of the plantation company, PT.DAS, in Penyabungan village in the Subdistrictof Merlung.5.3 Conflict between theCommunity and HPH/HTI Companies afterDecentralizationFollowing decentralization, as the promisesof land re-assessment failed to materialize, in2000 the people of Merlung village protestedagain. The 0.83 ha of land returned to themby PT. IIS was seen as no more than a ploy tosilence their demands. The people of Merlungpushed Tanjabbar District Government and theprovincial government to reassess their landimmediately.Three hundred people occupied a PT. IISoffice on the plantation area. They ransackedthe office and then burnt it down, becauseno one from the company responded to theirdemands. They also harvested the crops on theplantation. As a result the police arrested thevillagers for theft. Local community memberswent to the district parliament to demand therelease of those held under arrest. In the end,the company and the local government invitedthe community to negotiate with them, andall those who had been arrested were laterreleased.PT. IIS discharges the waste from crudepalm oil processing into the Beranak River. Thecompany offloads once a week when the waterlevel in the river is at its highest. During thedry season the villages are filled with the stenchof the waste. Villagers in Merlung complainthat they can no longer bathe in the river (PakFauzi personal communication). The people ofPenyabungan village told us that they can nolonger fish in the river because it is too polluted(Pak Zainal personal communication).Meanwhile, the conflict between theresidents of Penyabungan village and PT. DASis yet to be resolved. The company has takenover a further 1100 ha of farmland from theresidents of Penyabungan village to establish arubber and oil palm plantation area. The localpeople have made numerous efforts to stop this.They have tried to negotiate with the company,they have asked the local government tomediate, and, finally, they have demonstratedin the rubber plantations. To date, none of theseefforts have had positive results.The company is also engaged in ongoingconflicts with other villages (such as PematangPauh, where 300 ha of community land hasbeen taken over). However, in these cases thecompany has been able to influence key villageleaders by putting them on the payroll andpromising them a share of the land. As a result,the wider community has been afraid to protestbecause it would then have to face establishedand powerful farmer groups such as KOTALU(Kelompok Tani Tungkal Ulu).Our review of the impact of forestry policiesissued by the central and district governments,both during the centralized period (beforereformasi) and after decentralization,demonstrates that the implementation of all ofthese polices has led to conflict and undesirableeffects for the communities living near or in theforest. The main difference lies in the partieswho are involved in the conflict. During thecentralized period, conflicts usually involvedvillagers struggling with plantation companies,the military or the police.Since decentralization, villagers have beenable to protest and voice their anger more freely.As a result, there has been a wider variety ofconflicts. Villagers fighting their cases havecome into conflict with the local governmentor the companies, although such conflicts donot usually escalate into open conflict. The32
Sudirman, Dede Wiliam and Nely HerlinaTable 10. Impacts on Livelihoods Following the Arrival of PT. DAS in Penyabungan Village,Merlung SubdistrictBefore arrival of PT. DASThe villagers tried to meet the basic family needsby planting vegetables/nutmeg.The villagers spent a great deal of time with theirfamilies because their gardens/farms were closeto home.There is a tradition of cooperation amongwomen, e.g., during festivities women workedtogether to prepare the food and help each otherwith harvests.Since arrival of PT. DASThe villagers can no longer plant vegetables asthere is no access to land.The villagers do not spend enough time with theirfamilies because they must work as labourersor fi nd rough work (collecting sand and rocks) tomeet the needs of the family.Cooperation still exists, but it has reduced asthe women have to work independently to earnenough for their families.district government has come into conflictwith the provincial government and with theplantation companies. There have been fewerincidents involving violent or open conflictsince decentralization.The residents of Merlung village have askedthe Center for International Forestry Research(CIFOR)/ Study Center for Legislation andPolicy on Regional Autonomy (PSHK-ODA)research team to facilitate discussions with localdecision makers in Tanjabbar regarding landuse in their area. The local communities hopethat they can cultivate the land abandoned byPT. IPA (an oil palm plantation company). Thecommunity would like to forge a partnershipwith PT. IPA or Tanjabbar District Government(or even work alone) to make use of the unusedarea.Although there has been no formal approvalfrom the district government or PT. IPA, around60 local households have begun to make useof the area by cultivating quick-harvest crops,such as corn, beans, etc. With or withoutapproval, they have begun to cultivate the areabecause their livelihoods depend on it. Theresidents of Merlung told us that they were tiredof watching others exploit land that was oncetheirs. We hope that the district governmentwill use these discussions as an opportunity tolearn and formulate a local policy to resolveland disputes and provide fairer distribution ofnatural resources to local communities.5.4 Policy Action Research:ImpactsAs a result of the 2-year research projectconducted by PSHK-ODA Jambi and CIFOR,there have been some positive changes in theregional policy-making process in Tanjabbar.1. The District Forestry and Estate CropsOffice has asked the research team toconduct a critical analysis of its 2004‘Draft District Regulation on Inspectionand Forest Product Measurement Services’and its subsequent implementation decree(PSHK-ODA is currently reviewing thesepolicies). All the District Forestry andEstate Crops Offices in Jambi Provincehave already approved the draft.2. The District Forestry and Estate CropsOffice of Tanjabbar has requested PSHK-ODA to formulate an alternative draftregulation to the one proposed above.Tanjabbar District Government believesthat by consulting PSHK-ODA andreceiving input from a wider range ofstakeholders this draft – if approved – willbe the first to have undergone publicconsultation.3. The Legal Division at the DistrictSecretariat has asked the research team towork with it to revise and evaluate severalproblematic district regulations (bothforestry and non-forestry).4. The Head of the Regional DevelopmentPlanning Board (Bappeda) of Tanjabbar33
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