West Papua Province Spatial Plan and CSO/NGOs Engagement

(a). What happen with West Papua Spatial Plan at National level?

The Forestry Minister on our meeting August 28 said that he has just signed the approval of forests function and allocation changes on proposed west Papua Spatial Plan. Of course this approval based on 'TIMDU (tim terpadu/collaborative team' assessment and recommendation. This means that the plan is ready be implemented, because the substantive approval from Public Works minister has been awarded on a year before. But for sure we haven't yet get the Approval SK-Menhut include it spatial information of number of ha been approved and how detail allocation would be.   

(b) What does the substantive approval means?

The Law No 26 of 2007 about Spatial plan word (1) chapter 18 says that "the stipulation of the province/districts draft spatial plan and detail land use plan regulations must get an substantial approval from the related minister before". In the core process of spatial plan there are two main substantial approval that each region (province/district) should comply, they are: (a) Minister of Public Works substantive approval - this means that the province or district spatial plan must comply with national spatial plan (RTRWN) and (b) Forestry Minister substantive approval -  if there are changing in forests function or allocation. The TIMDU is developed by the ministry of forests to assess the changing of function and allocation of the forests in the region - this include the changes from forests into other land uses (APL) and the new appointed forests areas. 

At province level the approval means the evaluation to RAPERDA should be conducted. The evaluation of RAPERDA must accommodate the substance that been approved.

(c) What Would be the Implication of the Above Approval?

In theory, the approval means the Provincial spatial plan that become the frame of where land use and forestry development will playing has been legalized and the province government get their legal certainty to run their interests of the development based on the plan they have. The approval is also means that each district must quickly justifying their spatial plan that comply with provincial spatial plan. 

(d) But, What has missed in West Papua Spatial Plan Development?

A. Process. 

From this perspective the quality of each step of Development are doubting with some fact include:

• Preparation stage: no community and NGO/CSO participation: only government, private and consultant 
• Reviewing the previous spatial plan: no consultation - public discussion to capture public opinion about the previous development plan and inputs for the new spatial plan development. Since the previous plan was developed before 'the Otsus law appeared' so the review must also consider the content of Otsus on the new spatial plan development.  
• Collection of data and information: Lack of community data and information been collected - include customary boundary mapping, local land uses allocation (zones) and livelihood and strategic environmental assessment (KLHS). 
• Analysis: all made by consultant, lack of coordination between government community and CSO/NGO even with the institution such as MRP (Papua People Assembly). 
• Conceptualize the new plan : all made by the consultant. The substance are mostly influenced by the interest of private sector. This verification and validation is focusing of LULUCF concession holder.  ---> TIMDU here. Drafting of PERDA : no consultation - the parliament were go by they own with the government.  ---> Substantial approval here. The PERDA has legalized without proper evaluation and been approved before the substantial approval from ministry of forestry available (look at the chart below)

 

B. Substance 

The core of the plan is on it structure and partners of the spatial plan and the allocation of forests reserve and other land uses (some experts says as the photo frame). So the development of the substances as must as possible accommodating the interest of all parties in the region. In case like Papua and West Papua as the last remaining tropical forests in Indonesia, the special policy should be applied such as minimum forests reserve and conservation areas that should be protected. The substance must able to describe in general and detail the limitation of land uses and forestry investment. From the ecological point of view, the plan should be developed with a proper analysis of environment impact due to the shifting and new land and forests allocation. While from community side, the plan must respect to local rights and value inwhich protection and security of landscape and livelihood of local Papua must clearly regulated and guarantied on the plan. Learning from the substance of West Papua Spatial Plan here are some summary I have: 

• Strategic environment assessments are not yet developed so there is no the analysis of concept is lack of substance related to environmental impact might happen. For the conservation areas for instance, there is no assessment to see how the plan will affect the conservation areas. So the proposal of forests function and allocation changing are somehow will threatening the conservation areas. 
• Social and culture impact assessment. Since the plan was developed with minimum data and information about customary Papuan community, their value of live and the dependency to natural resources the plan seem will not count them as the core of development pillar. No clear where is the area been allocating for specific cultural reserves. When we asked where is the 'specific strategic areas' allocating for the community, no one from both Province government or Ministry of Forestry were able to provided clear explanation about it. 
• Forests changing are mostly driven by the needs of land use and forestry investment - mainly logging, mining and oilpalm plantation. This was shown when consistency validation were conducted in Bogor last year. The government made 2 days event focused on clarification and validation with the mining, logging and oilpalm concession. --> This is clearly described on TIMDU 'criteria' to evaluate the eligibility of forests function and allocation changes. """Criteria from law and institution aspect are focusing on (a) licenses and private right, (b) the history of forests areas and (c) the expectancy of any government project. 
• The determination of Strategic Provinces Areas (Kawasan Strategis Provinsi/KSP) based on limited data and information so not qualified and holistic for all Papua. For instance the KSP for socio-culture was only for 'Pegunungan Arfak and Mansiman island'. And not clear on the other places in West Papua. For REDD issues, there is no clear area determine as KSP for low carbon development activities. 
• The spread and wide of APL mainly for the village inside forested areas are not clear. The implication is all the community are illegal because the state will acknowledge them as illegal dweller on forests areas. Their vulnerability to become the victim of forestry policy.  

    (e) If the Ministry has Approved the changes of forests function and land uses allocation, do the process has stop? Is there any chance to do revision? 

  

    Evaluation of RAPERDA

     Since the process requires the evaluation for RAPERDA after the approval of forestry substance the possibilities to influence the RAPERDA still open. The RAPERDA should be advocated to make sure the RTRWP implementation will provide a chance for the substances improvement including the integration of Wilayah adat and its valuation of the RTRW. In here MRP and DPRP position is important. Public consultation as can as possible be conducted soon to engage community and public participation of spatial plan implementation.

     Chance in Review and Revision (5 years)

The law 26 of 2007 chapter 22 words (3) mention that 'the period of provincial spatial plan is 20 years' but it the plan we be reviewed each 5 years. This review is conducted to see whether the plan still compatible with (a) the needs of provinces development, (b) the internal dynamic of land and forests development, (c) massive changes and has systemic impacts to social, economic and ecologic development of the provinces.  

Accompany the RTRWP implementation and Sharpening the Substance to the revision.

Government Regulation (PP) no 05 of 2010 about RTRWP implementation regulates 4 aspects of RTRWP Implementation cover: regulating, coaching, implementing and controlling. In summary I try to elaborate these on the following chart: 

So What Should the CSO/NGO and Community Should Do as a Movement to the approved Spatial Plan? 

Since the process, substance and legal processes are the core of spatial plan, so the steps that NGO/CSO and community should takes to ensure that their, ideas, position and argumentation would create an impact are: 

1. legal jurisdiction analysis and assistance
2. Spatial and non spatial analysis of the spatial plan implication to all vital sectors they missed on the previous process. This include the LULUCF investigation.
3. Create public participation on monitoring and evaluating the spatial plan implementation. (watchdog).
4. Analysis the needs of lands and resources should be conserved and allocated for customary community for West Papua