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The Rimba Raya Biodiversity Reserve REDD Project

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G5.3. Documentation of <strong>Project</strong> Property RightsDemonstrate with documented consultations and agreements that theproject will not encroach uninvited on private property, communityproperty, or government property and has obtained the free, prior, andinformed consent of those whose rights will be affected by the project.Based on consultations with community representatives duringthe initial social survey (see Section G3.9 above), projectproponents were able to determine that, with few exceptions,village and communal property lies to the east of the SeruyanRiver, inside the <strong>Project</strong> Zone but outside the <strong>Project</strong> Area. Tothe extent that community or individual villager property lieswithin the <strong>Project</strong> Area, project proponents will offer the optionof integrating the property into the project’s Community Agro-­‐Forestry program (see Section G3.2 above) or excising the landfrom the <strong>Project</strong> Area.All <strong>Project</strong> Area land belongs to the Government of Indonesia,and the appropriate licenses and authorizations will be in placeprior to commencement of major project activities.Customary RightsDuring interviews, villagers reported no traditional or customaryland claims in the <strong>Project</strong> Zone. Unlike Dayak elsewhere inKalimantan, the villages appear not to have adat (indigenous)rules governing the management of land. Instead, land isprivately owned. Though villagers do not have formaldocumentary evidence of ownership, it is passed down throughgenerations, and locally acknowledged, with different partiesaware of common boundaries between adjacent properties.Villagers therefore reported that they have never had localconflicts over the land tenure amongst themselves.In the area there is another category of land status called HutanDesa or Lahan Desa, which appears legally to belong to the Desa,or administrative township. If this is forested it is called HutanDesa. If it is deforested it is called Lahan Desa. This land can beclaimed and used by individuals for agricultural purposes, butfirst they need to coordinate with the desa administration to doso. This entails requesting a Surat Keterangan Tanah (SKT), whichonce received means the land becomes privately held. It is notclear if there is sanction from the administrative governmentwhen the rule is violated.G5.4. <strong>Project</strong>-Driven RelocationDemonstrate that the project does not require the involuntaryrelocation of people or of the activities important for the livelihoods andculture of the communities. If any relocation of habitation or activities isundertaken within the terms of an agreement, the project proponentsmust demonstrate that the agreement was made with the free, prior,and informed consent of those concerned and includes provisions forjust and fair compensation.<strong>The</strong> initial social survey conducted by Daemeter Consultingindicates that the <strong>Rimba</strong> <strong>Raya</strong> project does not require therelocation of any people or activities important for the livelihoodsand culture of <strong>Project</strong> Zone communities.G5.5. Illegal Activities in the <strong>Project</strong> ZoneIdentify any illegal activities that could affect the project’s climate,community or biodiversity impacts (e.g., logging) taking place in theproject zone and describe how the project will help to reduce theseactivities so that project benefits are not derived from illegal activities.205

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