Exploring an Opportunity to Integrates Local Law into State Law through Forests Management Unit in Papua

The FMU policy and action plans are now moving forwards in Papua. The government and partners were agreed that this specific sites units are potential could maintain Papua Forests Reserves. Through ministry of Forestry Decree SK.481/Menhut-II/2009 about the designation of FMU in Papua about 56 units of FMU in recommended to be established in which they will cover 18.180.201 ha or 58.49 % of Papua forests reserves. Since it’s been developed in 2009 until 2012 the 2 units have managerially operationalized – they are in Biak Numfor for Protection that legally approved under SK.648/Menhut-II/2010, cover 206.016 Ha and Yapen for production approved under SK.786/Menhut-II/2009 cover 105,867 ha. In 2012 the Ministry of Forestry has also approved 3 new FMUs they are: Keerom; SK. 761/Menhut-II/2012 that cover 150,602 ha, Mamberami – Sarmi; SK.759/Menhut-II/2012 cover 283,425 ha and Waropen; SK.760/Menhut-II/2012 cover 186,962 ha. In coming year the Provinces has also targeted to facilitate 3 mores FMUs they are, Mimika, Asmat and Jajawijaya. The government and parties realized that many things should be undertaken to see how the FMU is the answer of the current long forestry bureaucracy and problems in Papua. Samdhana stakeholder needs mapping in Baik-Numfor has shown that there still big gaps of knowledge, understanding and capacity at the local level to enhance the effective work of the FMU. The social problem include clarification of customary right is also must be well facilitated to ensure the FMU business operated. Another legal and specific local policy are needed to be developed to strengthen the position and roles of FMUs in Papua. 

The FMUs has potentially provides spaces to enhance the participation of customary community to taking part significantly in managing their forests. Recently the ministry has just realized Permenhut No 47 of 2013 About “pedoman, kriteria dan standar pemanfaatan hutan di wilayah tertentu pada kesatuan pengelolaan hutan lindung dan kesatuan pengelolaan hutan produksi”. This has strengthen the authority of the head of the FMUs to build partnership with third parties include community for forests and land uses management within FMU. Many parties has agreed that customary boundary mapping and specific local forests and land uses initiatives must become the cores of FMUs implementation – in order to reduces conflict and increase the benefits of the forests to the communities and district. In terms of Spatial Plan the FMUs will very much help by provide detail and updated ground data and information that has also been mandated in land uses plan law, Act 26 of 2007. The current land use plan at the Province has not yet clear enough shows which exact forest areas were changed status and the it does not yet constitute a clear commitment on where, when and how the proposed community forestry will be developed. 

With funding support from CLUA and MAC-Foundation, since 2013 Samdhana is working closely with the FMU  in Biak Numfor, the Forestry Department of Papua Province and the Faculty of Forestry at Papua State University to support the FMUs as the local forestry locus that integrates national forestry policy with customary based land use plans—and, at the same time, providing a chance to young Papuan foresters to learn about the FMU. This work began in 2013 with stakeholder mapping assessments. Samdhana consultants, together with the FMU, conducted field visits and key stakeholder interviews. This stakeholder mapping was conducted to understand the issues and work that is related to FMU  and other stakeholders, and then to provide recommendations for developing collaboration among them. It also aimed to assess the knowledge and capacity of the actors in order to inform a capacity building program that supports the integration of local law and national forestry regulations for sustainable and legal forestry management.

Beside this assessment, a series of discussions with large partners were also been conducted in Jayapura, Biak, Manokwari and Jakarta. The discussions focused on developing collaborative programs to support the FMUs and build stakeholder capacity, including among the customary communities. A joint project was proposed to support these ideas.

The works with FMU Biak Numfor is put forward as a model for the integration of customary boundary mapping, community participation in forest management, and low carbon forestry development in Papua. 

The programs in 2013 have given direction and momentum to the next set of activities that Samdhana and its partners will undertake. The following activities will be conducted in 2014 in Biak:

1.       Develop indicative maps of clan boundaries inside FMU areas. Contribute to forestry development plan.

2.       Complete a full forest inventory.

3.       Conduct a capacity building process. Develop the syllabus and test it in Biak Numfor through a joint program between FMU Biak Numfor with Papua State University.

4.       Develop reforestation plots that engage customary communities as the main actors. Conduct opportunity cost assessments for products that economically, socially and ecologically benefit the FMU’s stakeholders including customary communities.