BEYOND SPECIAL AUTONOMY AND CUSTOMARY LAND RIGHTS RECOGNITION: Examining Land Negotiations and Re-production of Vulnerabilities in Papua

Similar documents
EBRD Performance Requirement 5

Gender and sustainability: Emerging issues

SECOND DRAFT FOR CONSULTATION JULY Environmental and Social Standard 5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement

THE HILL TRIBES OF NORTHERN THAILAND: DEVELOPMENT IN CONFLICT WITH HUMAN RIGHTS - REPORT OF A VISIT IN SEPTEMBER 1996

Annex 2: Does the Xayaburi resettlement comply with Lao law?

Civil society responses to large-scale land acquisitions in Tanzania and Indonesia. E. Mwangi, H. Komarudin, E. Luoga, M. Toxede

PT Freeport Indonesia An affiliate of Freeport-McMoRan Copper & Gold November 19, 2013

Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity. Prime Minister s Office Date: 7 July, 2005

Peace Palace, the Hague 15 March 2007 Dewan Adat Papua

RESETTLEMENT FRAMEWORK. Supplementary Appendix to the Report and Recommendation of the President to the Board of Directors. on the

MURUM DAM - Fast Facts

RSPO Roundtable on Sustainable Palm Oil

Changing Gender Relations and Agricultural Labour Migration: Reconsidering The Link

Rights to land, fisheries and forests and Human Rights

Involuntary Resettlement Due Diligence Report

TANGGUH INDEPENDENT ADVISORY PANEL FIRST REPORT ON OPERATIONS PHASE OF THE TANGGUH LNG PROJECT JANUARY 2011

Involuntary Resettlement Due Diligence Report

An informal aid. for reading the Voluntary Guidelines. on the Responsible Governance of Tenure. of Land, Fisheries and Forests

Community Rights and Biodiversity Conservation

Involuntary Resettlement Due Diligence Report

SUMMARY RESETTLEMENT PLAN OF WATER SUPPLY AND SOLID WASTE MANAGEMENT TRANCHE-2 SUB PROJECT OF GANGTOK UNDER ADB ASSISTED NERCCDIP PROJECT

A. Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. B.

Involuntary Resettlement Due Diligence Report

Involuntary Resettlement Due Diligence Report

Involuntary Resettlement Due Diligence Report

Thirteenth Triennial Conference of Pacific Women. and. Sixth Meeting of Pacific Ministers for Women. Recommendations and outcomes

Livelihood Restoration in Practice: Key Challenges and Opportunities

Women Waging Peace PEACE IN SUDAN: WOMEN MAKING THE DIFFERENCE RECOMMENDATIONS I. ADDRESSING THE CRISIS IN DARFUR

RP297. Resettlement and Rehabilitation (R&R) Entitlement Framework

W O M E N D E M A N D A G E N D E R - J U S T T R A N S I T I O N

REGIONAL MONTHLY UPDATE: 3RP ACHIEVEMENTS FEBRUARY 2017

THE WORLD BANK OPERATIONAL MANUAL. Indigenous Peoples

On The Road To Rio+20

Prataap Snacks Private Limited. Corporate Social Responsibility Policy

Making the Bali Declaration Binding

15-1. Provisional Record

Indonesia: Enhanced Water Security Investment Project

Summary case study on the situation of Golden Veroleum Liberia s oil palm concession

Legal Reform, Collective Property Rights, and Household Welfare in Fiji

Cooperatives and the Sustainable Development Goals

Civil Society Partnership

Involuntary Resettlement Due Diligence Report

2016 Planning summary

Submitted by: Commission of the Churches on International Affairs of the World Council of Churches (NGO with general consultative status)

SEX WORKERS, EMPOWERMENT AND POVERTY ALLEVIATION IN ETHIOPIA

Gender Equality and Development

Statement of. Prof. Dr. Balthasar Kambuaya, MA. The State Minister of Environment. for

3RP REGIONAL REFUGEE AND RESILIENCE PLAN QUARTERLY UPDATE: 3RP ACHIEVEMENTS NOVEMBER 2018 KEY FIGURES ACHIEVEMENTS*

EXECUTIVE SUMMARY The Kigoma Joint Programme

Analysis of Gender Profile in Export Oriented Industries in India. Bansari Nag

FRAMEWORK FOR LAND ACQUISTION AND INVOLUNTARY RESETTLEMENT AND THE ASIAN DEVELOPMENT BANK SAFEGUARD FOR INVOLUNTARY RESETTLMENT

GROUP C: LAND AND PROPERTY; LIVELIHOODS AND SECONDARY AND HIGHER EDUCATION

Kigoma Joint Programme

3RP Financial Summary Q Jordan $1.04 billion $373.9m 36% 31% 39% 109% 83% 18% 25% 64% 28% 58% 11% 19% 80% 18% 10%

University of Arizona Indigenous Peoples Law and Policy Program. Universal Period Review: Belize. 10 November 2008

Briefing Note. Protected Areas and Indigenous Peoples Rights: Applicable International Legal Obligations

Involuntary Resettlement - Overview. Transport Forum Washington, D.C. March 30, 2007

Guidance Note 5 Land Acquisition and Involuntary Resettlement

Comments on the zero draft of the principles for responsible agricultural investment (rai) in the context of food security and nutrition

Human Rights and Business Fact Sheet

SUMMARY EQUIVALENCE ASSESSMENT BY POLICY PRINCIPLE AND KEY ELEMENTS

Operational highlights

The Resettlement Policy Framework for the Smallholder Agriculture Development Project. Papua New Guinea

International Journal of Asian Social Science

Oxfam (GB) Guiding Principles for Response to Food Crises

THE WORLD BANK OPERATIONAL MANUAL OP 4.12 December Involuntary Resettlement. Policy Objectives

Indigenous Peoples and Sustainable Development:

I have the honour to address you in my capacity as Special Rapporteur on the right to food pursuant to Human Rights Council resolution 22/9.

Women s economic empowerment in the changing world of work

Performance Standard 5 Land Acquisition and Involuntary Resettlement

Papua New Guinea LNG Project

SUMMARY POVERTY REDUCTION AND SOCIAL STRATEGY

2017 Planning summary

2briefing GENDER AND INDIGENOUS PEOPLES' ECONOMIC AND SOCIAL DEVELOPMENT. note. How does applying a gender perspective make a difference?

TOWARDS VOLUNTARY GUIDELINES ON RESPONSIBLE GOVERNANCE OF TENURE OF LAND AND OTHER NATURAL RESOURCES

COMPILED RECOMMENDATIONS FROM INDIGENOUS PEOPLES IN THE VARIOUS COMMUNICATIONS TO THE WORLD BANK 1

Position statement on indigenous peoples and mining

The Expert Mechanism on the Rights of Indigenous People - Access to Justice. Cambodia Indigenous Youth Association (CIYA)

C189 - Domestic Workers Convention, 2011 (No. 189)

Sida s activities are expected to contribute to the following objectives:

Forest people forced off their land in the name of conservation

ADRA India. Emergency Management and Disaster Preparedness

Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security

Conservation, Poverty and Indigenous Peoples:

Review and Update of the World Bank s Environmental and Social Safeguard Policies Phase 2 Feedback Summary

Rights to land and territory

Ethnic Minorities Development Framework. PRC: Guiyang Integrated Water Resources Management Sector Project

MALAWI TESTIMONIES. By getting this assistance, I was able to feed my family properly. Estor Elliott

REGIONAL MONTHLY UPDATE: 3RP ACHIEVEMENTS OCTOBER 2017

INTERNATIONAL LABOUR ORGANIZATION TRIPARTITE DECLARATION OF PRINCIPLES CONCERNING MULTINATIONAL ENTERPRISES AND SOCIAL POLICY *

SOCIETY OF JESUS SECRETARIAT FOR SOCIAL JUSTICE AND ECOLOGY. July 2015

Pangolin Asia Fund January 2017 NAV

Frequently asked questions

Community Empowerment Towards Ensuring Child Rights. Intervention By JAAG

Minimizing the adverse of impact of distress migration. District study of Nayagarh in western Odisha by Madhyam Foundation

Summary of the Indigenous Peoples' Consultation with the Asian Development Bank, November 27 th 2007

What is Free, Prior and Informed Consent?

Mekong Youth Assembly and International Rivers submission to John Knox, United Nations Special Rapporteur on Human Rights and the Environment

SUMMARY of the Key Points

LAND AND RESOURCE TENURE AND SOCIAL IMPACTS

Transcription:

BEYOND SPECIAL AUTONOMY AND CUSTOMARY LAND RIGHTS RECOGNITION: Examining Land Negotiations and Re-production of Vulnerabilities in Papua Laksmi Adriani Savitri (UGM) and Susanna Price (ANU)

Otsus (2001), Customary Land Rights & Resource Extraction: Two failures : 1. Post-Reformasi: Distrust toward Otsus capacity to empower indigenous Papuans 2. New Order: Experience with Freeport as a model of corporate-based resource extraction. Continuation or discontinuation? Jokowi s policy approach: backwardness and in need of economic growth the Business as Usual mode: more projects, more negotiations

Otsus (2001), Customary Land Rights & Resource Extraction: Does Otsus recognition of indigenous Papuan customary rights to resources (hak ulayat) give indigenous communities more control in negotiations over their resource base, leading to better livelihoods and living standards? Perdasus Implementing regulation 2008 Project case studies: MIFEE; LNG Bintuni

Special Autonomy Law 21/2001 (Otsus) Perdasus Hak Ulayat no. 23/2008 General Principles Focus Defining Resource rights Compensation for Hak Ulayat loss Broad Empowering the customary community Land, water or sea to certain limits, forests and natural wealth in them Consensus with customary community on cash, land substitution, resettlement, or as shares. Limited Proving existence of customary community Rights to manage, negotiate and release land use rights for the third party, but not to own it Not regulated

Negotiations in practice MIFEE Project Negotiations during transfer of land and resource rights Written MoU and Agreement as a contract model Compensations: recognition and unrecognition of loss Role of the State as middleperson or company s power brokers

Negotiations in practice Compensations MIFEE Project (cont) Land was not compensated gift money as symbol of brotherhood Forest wood loss was compensated Compensation for loss of livelihood: Rp 2000 per m3 of forest wood daily wage labour employment rebuilt houses CSR programs: electricity, transportation, school and church renovations

PROCESSES OF NEGOTIATION PIG SLAUGHTER CEREMONY COMPEN- SATION MONEY

Production and reproduction of vulnerabilities: the Unanticipated Effects MIFEE 1 st negotiation/ agreement Renegotiations Loss of food and other livelihood sources from the forest, recruitment and dismissal of workers, illness and malnutrition due to changing diets, water and air quality Unfulfilled promises: Dismissal of workers due to difficult adjustment Farming creates market dependency toward corporation due to no alternatives

Production and reproduction of vulnerabilities: the Unanticipated Effects 1. Social differentiation was created due to: individual successes and failure to adapt or tapped by the CSR programmes Degree of ownership rights toward land and resources 2. Feeling of deprivation is established jealousy, tensions, anxiety lead to internal conflicts

TYPES OF VULNERABILITY 1. Drastic landscape changing 2. Social conflicts 3. Poverty, malnutrition, sickness & deaths

Negotiation Basis Legal basis for negotiation Status of MoU/A Negotiation Parties Grievance Redress access Legal support to landholders Security arrangements LNG BINTUNI Papua Barat 1999 Agreement pre-otsus / GOI standard 2002-2005 Supplementary negotiations post-otsus, pre Perdasus Supplemented for international standard Resettlement with Development 1999: Project staff & clan leaders/ members with Bupati s Tim Penyuluh 2002-5: Project staff & community Only after negotiations concluded No Local security guards Security protocols excluded military

Basis for Resettlement LNG BINTUNI Social assessment Social survey/census 2001 Information to customary groups Compensation for Resource loss Compensation for Income loss Transition assistance Disclosed: Agreements, lists, booklets, 1999-2005 ff. Meetings informed by project staff. Marine, land and tree crop compensation in cash & kind Yes (see below) Transfer allowances & assistance Food during transition to newly built/serviced villages Livelihood development Fisheries development for marine resource loss USD $200 m foundation for resource losing clans Resettlement sites & services Replacement land under hak milik title Project based employment Agricultural livelihood programs Access to sago/fishing camp

Conclusions Recognising hak ulayat rights does not necessarily empower customary communities. Recognise & address vulnerability Regulate & limit land deals Improve protective basis of Otsus & Perdasus / FPIC Beyond compensation - develop livelihood programs Local people to set priorities & select projects