(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:
- legal
jurisdiction analysis and assistance
- 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.
- Create
public participation on monitoring and evaluating the spatial plan
implementation. (watchdog).
- Analysis the needs of lands and resources should be
conserved and allocated for customary community for West Papua