Land Rights and Resources
Baliem was ‘discovered’ by the outside world in 1938
when the densely populated valley was seen from an overflying plane, but it was
not until 1945 that the first outsiders, missionaries, arrived on foot in the
valley. At that time there were reported to be 95,000 people in the valley,
predominantly of Dani and Lani ethnic groups, who speak different dialects of
the same language. Traditionally, all land is the property of a clan and its
sub-divisions. In the past the boundaries between clans were dynamic, depending
on the relative strength and numbers of different clans, and the outcome of
warfare and alliances. Since the 1960s these local wars have been suppressed by
the government, although some disagreements over the location of boundaries remain.
Within each of the main ethnic-language groups,
population and territory is divided into customary territories which are
‘owned’ by a ‘clan’ (suku besar), which is further sub-divided into sub-clans
(suku) and thence into extended family units (marga), which are the principal unit of land and forest
resource ownership. Whilst a marga has
strong rights over its own land and resources, higher levels of leadership – a
war chief, an economy chief, and a farming and fertility chief – exist and have to give permission for some
activities. Zones are recognized within the landscape, each characterized by
typical plants, and allocated for a specific range of uses – farming, hunting,
gathering etc.
Land use and Forests Management
Overlain on the ‘customary’ map of the landscape is
the official land use map, which does not yet recognize customary rights in any
way. The fundamental official division of land use is between forest reserve
and non-forest reserve, which is available to the district for development,
agriculture and urban growth. Jayawijaya District is 44 % (104,677 Ha)
non-forest reserve, and 55% (129,233 Ha) forest reserve.
Within the forest reserve, as in all forest reserves
in Indonesia, the land is categorized by management objective as conservation,
protection or production forest. The total forest reserve area of Jayawijaya
(129,233 Ha) is 60% national park (76,895 Ha), 27% conversion forest (35,438
Ha) and 13% watershed protection forest (16,900 Ha). The allocation of forest
land use is determined by the central Forestry Department using a technical
formula based on slope, soils and other factors, but without any consideration
of social factors. As a result, settlements and farms are often included within
forest reserves. There are at least 40 settlements within forest reserves in
Jayawijaya.
Policy and Regulation
The Special Autonomy Regulation (Perdasus) 21 of 2008
About Recognition of Customary Rights, and Perdasus 23 of 2008 about Sustainable
Forest management in Papua legally have provide a big legal space for customary
community in Papua to taking part in forest and land use management on their
own customary territories. The regulation recognizes the communal rights of
indigenous communities and their right
to manage the forest resources found on their land, and to be involved in
decisions and to be compensated when the forests are used by others. However it
also notes that forest must be managed 'according to its designated function',
which implies restrictions in accordance with the standard forest categories
noted above. The regulation provides for the mapping and recognition of clam
territories and forest areas.
At landscape level there are no local regulations or
policies which regulate recognition and protection of customary land rights.
The national forestry law (law 41/1999) defines all forest land as state forest
unless there are legitimate prior rights over it – and communal and informal
rights are not recognized as such. Recent amendments to the law (e.g.
Government regulation 6/2007) have created new categories of license for
community and village groups, but the requirements remain complex, and no
assistance is available to support communities in implementing management. This
law has influence the implementation of Perdasus 21 – in which the community in
Papua should follow the legal steps required to get a forestry management license,
and in general the law still emphasize that the state is the forest owner.
Carbon and REDD
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