Inter-Agency Report on Indonesian Forest and Land Fires and Proposals for Risk Reduction in Human Settlements

8/11/2019 Inter-Agency Report on Indonesian Forest and Land Fires and Proposals for Risk Reduction in Human Settlements

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INTER-AGENCY REPORT ONINDONESIAN FOREST AND LAND FIRES

AND PROPOSALS FOR RISK REDUCTIONIN HUMAN SETTLEMENTS

UNITEDNATIONS CENTRE FOR HUMAN SETTLEMENTS (HABITAT)

Prepared by

UNITEDNATIONS CENTRE FOR HUMAN SETTLEMENTS (HABITAT)

With assistance from

UNITEDNATIONS DEVELOPMENT PROGRAMME, JAKARTA

UNITEDNATIONS CENTRE FOR REGIONAL DEVELOPMENT, NAGOYA

and

ASIAN DISASTER PREPAREDNESS CENTER, BANGKOK

With the support of the Government of Japan


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The designations employed and the presentation of the material in this publicationdo not imply the expression of any opinion whatsoever on the part of the UnitedNations Centre for Human Settlements (Habitat) concerning the legal status of any

country, territory, city or area or of its authorities, or concerning the delimitation ofits frontier or boundaries. The views, figures and estimates set forth in thispublication should not necessarily be considered as reflecting the views or carryingthe endorsement of the United Nations Centre for Human Settlements (Habitat).

This publication has been issued without formal editing. All material of thispublication may be freely quoted or reprinted, but acknowledgement is requested,together with a copy of the publication containing the quotation or reprint.

United Nations Centre for Human Settlements (Habitat):Inter-agency Report onIndonesian Forest and Land Fires and Proposals for Risk Reduction in HumanSettlements

First published in Fukuoka, Japan, June 2000ISBN 92-1-131459-3HS/600/00E

United Nations Centre for Human Settlements (Habitat)Risk and Disaster Management ProgrammeP.O. Box 30030Nairobi, KenyaTel: (254-2) 621234/623051Fax: (254-2) 626886/624263/623885

United Nations Centre for HumanSettlements (Habitat) Fukuoka OfficeACROS Fukuoka Building, 8thFloor1-1-1 Tenjin, Chuo-kuFukuoka 810-0001, JapanTel: (81-92) 724-7121Fax: (81-92) 724-7124


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i

CONTENTS

ABBREVIATIONS AND ACRONYMS v

BAHASA INDONESIA TERMS vii

FOREWORD ix

EXECUTIVE SUMMARY 1

I. INTRODUCTION 13

1.1 BACKGROUND AND RATIONALE 131.1.1 FORESTRY SECTOR IN INDONESIA 131.1.2 ROLE OF FORESTS IN THE INDONESIAN ECONOMY 141.1.3 HISTORICAL EXPERIENCE OF FIRES IN INDONESIA 141.1.4 FOREST FIRES OF 1997-98 161.1.5 CONTINUED RISK OF FOREST FIRE EVENTS IN INDONESIA 201.1.6 POSSIBLE IMPACTS ON COMMUNITIES AND HUMAN

SETTLEMENTS21

1.2 THE CURRENT INITIATIVE 211.2.1 THE KEY OBJECTIVES 22

II. FORESTS, HUMAN SETTLEMENTS AND COMMUNITIES 25

2.1 INSTITUTIONAL AND LEGAL FRAMEWORK AND FOREST PROPERTYRIGHTS

25

2.1.1 INSTITUTIONAL ARRANGEMENTS FOR MANAGING THEFORESTRY SECTOR

25

2.1.2 CURRENT FOREST MANAGEMENT PRACTICES 252.1.3 LEGAL FRAMEWORK FOR THE FORESTRY SECTOR 272.1.4 FOREST PROPERTY RIGHTS OF DIFFERENT STAKEHOLDERS 28

2.2 COMPETITION FOR FOREST RESOURCES 302.2.1 FOREST COMMUNITIES 302.2.2 THE PRIVATE SECTOR 322.2.3 LOCAL GOVERNMENTS AND LOCAL FOREST DEPARTMENTS 32


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III. FOREST FIRE MANAGEMENT IN INDONESIA 35

3.1 INTRODUCTION 353.2 DISASTER MANAGEMENT IN INDONESIA 35

3.2.1 INSTITUTIONAL ARRANGEMENTS FOR DISASTER MANAGEMENT 363.2.2 PLACE OF FIRE PREVENTION AND SUPPRESSION IN THE OVERALL

DISASTER MANAGEMENT SYSTEM38

3.3 REGULATORY FRAMEWORK FOR FOREST FIRE PREVENTION 383.4 LIMITATIONS IN THE REGULATORY FRAMEWORK FOR FOREST FIRE

PREVENTION40

3.4.1 LACK OF FLEXIBILITY 403.4.2 UNCLEAR FIRE MANAGEMENT STRUCTURE 403.4.3 IMBALANCE IN COORDINATION ARRANGEMENTS 413.4.4 LACK OF UNIFORM FIRE MANAGEMENT STRUCTURES AT

PROVINCIAL LEVEL41

IV. FOREST FIRE MANAGEMENT PROJECTS IN INDONESIA 43

4.1 INTRODUCTION 434.2 NATIONAL INITIATIVES 434.3 REGIONAL INITIATIVES 444.4 INTERNATIONAL ASSISTANCE PROJECTS WITHIN INDONESIA 44

4.4.1 FIRE MANAGEMENT INITIATIVES STARTED BEFORE 1997 444.4.2 FIRE MANAGEMENT INITIATIVES STARTED AFTER 1997 45

4.5 TRENDS IN FOREST FIRE MANAGEMENT PROJECTS 46

V. UNDERLYING CAUSES OF FOREST AND LAND FIRES 49

5.1 INTRODUCTION 495.2 WEAKNESSES IN POLICY AND REGULATORY FRAMEWORK 49

5.2.1 FUNDAMENTAL CONTRADICTION BETWEEN THE AGRARIAN LAWAND BASIC FORESTRY LAW

49

5.2.2 FOREST UTILIZATION RIGHTS OF CONCESSIONAIRES 505.2.3 FOREST UTILIZATION RIGHTS OF COMMUNITIES LIVING IN AND

AROUND FOREST AREAS50

5.2.4 LACK OF EMPHASIS ON BUILDING MANAGEMENT CAPACITIES

AT THE LOCAL LEVEL

51

5.2.5 LACK OF AN INTEGRATED FOREST MANAGEMENT SYSTEM ANDINADEQUATE INTER-MINISTERIAL DIALOGUE 51


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5.3 LOCAL CONFLICTS 515.3.1 CONFLICTS BETWEEN LOCAL COMMUNITIES AND THE PRIVATE

SECTOR51

5.3.2 CONFLICTS AMONG OTHER STAKEHOLDERS OF FORESTRESOURCES

52

5.3.3 LACK OF CLEAR LAND USE AND OWNERSHIP RECORDS 525.4 INCREASED VULNERABILITY OF A CONTINUALLY DEGRADING

FOREST ENVIRONMENT53

5.4.1 INCREASED VULNERABILITY OF FORESTS AFTER PREVIOUS FIREEVENTS

53

5.4.2 EROSION OF TRADITIONAL KNOWLEDGE OF CONTROLLING FIRE 535.4.3 CONTINUED LOGGING AND LAND CONVERSION ACTIVITIES AND

IMPLICATIONS FOR FOREST VULNERABILITY54

VI. STRATEGIC ACTION AREAS FOR THE PREVENTION OF

FOREST AND LAND FIRES

55

6.1 INTRODUCTION 556.2 STRATEGIC ACTION AREAS FOR EACH STAKEHOLDER GROUP 55

6.2.1 LOCAL COMMUNITIES 566.2.2 PRIVATE COMPANIES 586.2.3 LOCALNGOS 596.2.4 LOCAL GOVERNMENT 616.2.5 CENTRAL GOVERNMENT 616.2.6 INFORMATION DISSEMINATION ON BEST PRACTICES FROM

OTHER PARTS OF THE WORLD62

VII. REFERENCES 63

ANNEX I: PROJECTS AND PROGRAMMES ON FOREST FIREMANAGEMENT IN INDONESIA

67

ANNEX II: JARINGAN KERJA PEMETAAN PARTISIPATIF (JKPP) 69ANNEX III: PARTICIPANTS IN THENATIONAL CONSULTATION

SEMINAR73


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ABBREVIATIONS AND ACRONYMS

ADB Asian Development Bank ADPC Asian Disaster Preparedness Center ADTA Advisory Technical AssistanceAMAN Alliance of Adat CommunitiesBAKORNAS PB National Disaster Management Coordination BoardBAPEDAL Environmental Impact Protection AgencyBAPPENAS National Development Planning AgencyBKNL National Coordination Agency for Fires

BSP Biodiversity Support ProgramCGIF-SMCP Consultative Group on Indonesian Forests

Strengthening the Management Capacities of MoFECCIFOR Center for International Forestry ResearchEU European UnionFFPCP Forest Fire Prevention and Control ProjectFFPMP Forest Fire Prevention and Management ProjectGIS geographical information systemsGPS global positioning systemGTZ Gesellschaft fr Technische ZusammenarbeitHPH natural forest concessionaires

HPHTI timber plantation concessionairesHTTF Haze Technical Task ForceICRAF International Centre for Research in AgroforestryIFFMP Integrated Forest Fire Management ProjectITFMP Indonesia-UK Tropical Forest Management

ProgrammeITTO-CFC International Tropical Timber Organization Common

Fund for CommoditiesIUCN International Union for Conservation of NatureJICA Japan International Cooperation AgencyJKPP Jaringan Kerja Pemetaan Partisipatif LATIN Lembaga Alam Tropika IndonesiaMoFEC Ministry of Forestry and Estate Crops

NHAP National Haze Action PlanNOAA-AVHRR National Oceanic and Atmospheric Administration

(USA) Advanced Very High Resolution RadiometerPARTS Program to Address Regional Transboundary Smoke


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ABBREVIATIONS AND ACRONYMS

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PB penanggulangan bencana (disaster management)PHPA Direktorat Jenderal Perlindungan Hutan dan Pelestarian

Alam (Directorate General for Forest Protection andNature Conservation

RETA Regional Technical Assistance

RHAP Regional Haze Action PlanRp. rupiahRTRWP Rencana Tata Ruang Wilayah PropinsiSATKORLAK PB provincial disaster management task forceSATLAK PB district disaster management task forceSRFA Sub-regional Fire Fighting ArrangementsTKPKL Tim Koordinasi Pengendalian Kebakaran Lahan

(Coordinating Team for Management of Fires)UNCHS United Nations Centre for Human Settlements

(Habitat)UNCRD United Nations Centre for Regional DevelopmentUNDP United Nations Development ProgrammeUNEP United Nations Environment ProgrammeUNESCO United Nations Educational, Scientific and Cultural

OrganizationUSAID United States Agency for International DevelopmentWMO World Meteorological OrganizationWWF World Wildlife Fund


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BAHASA INDONESIA TERMS

adat customaryadat kepala customary community headalang alang Imperata cylindricagrass

bupati district headcamat sub-district headdinas head (technical)gubernur governor hak ulayat customary right

hutan kemasyarakatan societal or communal forestkanwil head (administrative)keppres presidential decreekeputusan menteri ministerial decreekongres masyarakat adat nusantara congress on indigenous community

institutionsmasyarakat hukum adat customary law community

peladang berpindah shifting cultivatorspenanggulangan bencana disaster managementperambah hutan forest dwellersperaturan pemerintah state regulation

propinsi provincerembuk discussrencana tata ruang wilayah propinsi provincial spatial planningsatpam patrol and protectionundang-undang basic law


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FOREWORD

Forest fires in Indonesia are continuing a pattern of annual destruction that must be dealtwith from many directions. Human settlements is one of these. This report holds specialinterest for me. Being the Executive Director of the United Nations Centre for Human

Settlements (Habitat), I have made it one of my priorities to do all that we can to preventand mitigate the effects of natural and human made disasters on human settlements,including forest and land fires.

The extent of the damage caused by fires inIndonesia in pure material terms has been massive.For a country recovering from a severe economiccrisis this is an unacceptably high loss ofresources. There are currently several initiatives atthe national, regional and international levels toaddress the issues related to the damage caused byforest fires and the associated haze. However, themajority of these efforts have been response

orientated and aiming at the combating and controlof fires. Few initiatives are focused upon the rootcauses of forest fires and their mitigation.Although forest and land fires are considered anatural phenomenon in Indonesia, I do notconsider this to be entirely accurate. Naturalcauses alone cannot explain the steady escalationof fires and their effects on settlements in theaffected areas. Recent experience suggests thathuman actions cause many of the fire problemsthat face Indonesia. Perhaps it is not too bold tosuggest that economic and social factors are at theroot of many fires.

There seem to be four main reasons for the increase in forest fires recently. The one mosttalked about is the El Nino and its impact on local climate conditions. But from ourperspective there are three other causes that we believe have a strong effect on the start andmultiplication of forest fires in Indonesia. The first issue is the influx of transmigrants fromother parts of Indonesia to areas of low population density and dense cover forest. The newpopulations require land to be cleared so that food may be grown to feed the expandedpopulation. The issue is the type of farming carried out. Slash and burn as well a clearingfor permanent farms can be tolerated so long as it is done on a subsistence manner.However, inappropriate burning methods can quickly cause the fire to get out of control andspread. The second issue relates to the growing number of plantations in Indonesia, whichhave resulted in the wide spread clearing of forests. This has made the plantations itself andthe surrounding forests more vulnerable to fire. The third issue refers to the competition forland and forest resources leading to conflict and the generation and spread of fires. Recentstudies have shown that fire has become a weapon used against competing groups. Equally,indigenous peoples who often fought fires whenever they occurred no longer feel theyshould, as they believe that the land taken from them does not need anymore their activeprotection.


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Indonesia is faced with a great task to overcome the challenge caused by forest and landfires. To date it seems that not enough has been done in the area of prevention and inbringing all stakeholders into the fire prevention and mitigation process. The present reporthighlights a number of possible actions as, the development of participatory communitymapping, documenting traditional ways of controlled burning, establishing dialoguesbetween the relevant stakeholders, public education and training in traditional fire-fighting

and legal advice to local communities. It is hoped that this report is a beginning to theimplementation of a number of these recommendations.

Anna Kajumulo Tibaijuka

Executive Director

United Nations Centre forHuman Settlements (Habitat)


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EXECUTIVE SUMMARY

1. Introduction

The 1997-98 forest and land fires in Indonesia were among the most severein the last two decades. In the aftermath of these fires, a number of initiativeswere undertaken to assess the extent of damage, understand the causes, andevolve strategies to establish effective fire management systems to preventthe recurrence of such large-scale fires. According to the ADB-funded reportentitled Planning for Fire Prevention and Drought Management Projectand published in April 1999, the initial estimate of areas burnt was 9.7million hectares. The study estimated that the economic cost of the 1997-98fires was in the range of US$ 8.8 to 9.7 billion. A comparison of the

principal causes of fires from 1982-83 to 1997-98 indicates a shift from thepoint where major land clearing activities contributed a minor amount to theareas burnt, to a point where much of the burning is attributed to landconversion activities.

Many of the economic and socio-political causes of the 1997-98 firesstill prevail. In addition to the immediate causes of the fires, the vulnerabilityof Indonesian forests is linked to more fundamental issues of forestmanagement and the role of communities and local governments. There is

little attention paid to the existence of different types of communities livingin and around the forests, including those that are vulnerable to fire. Most ofthese communities are dependent on agriculture and forest use, mainly in acombination of shifting cultivation for food crops and perennial gardens,along with hunting, fishing and forest product gathering. For indigenouscommunities, customary law governs the use of forest resources. Because ofclose interaction between these communities and the forests, the impact oflarge-scale forest fires on them has been significant. In the past, theseimpacts have included inadequate food supply as a result of destruction ofcrops adjoining the fire-affected forests, inadequate availability of wood and

building materials, lack of other forest products gathered or used by

villagers, and impacts on cash earnings or paid work.Over the last two decades, the competition for forest resources has

increased, and consequently, indigenous forest communities find themselvesin conflict with logging concessionaires and industrial plantation owners.The rights and privileges of concessionaires and owners often ignore the


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forest resource use practices of local communities. The conflict between theindigenous communities who are the traditional land users and these newusers has been cited as one of the causes of the 1997-98 fires. The situation

becomes even more complex as one takes into account other communities,such as spontaneous settlers and transmigration villagers who have different

relationships with forests, and whose pattern of forest use is different fromthat of indigenous communities.

The current initiative complements on-going efforts at improvingforest fire management systems and recognizes the need to look at the issuesof forest fires in relation to communities and human settlements. Thisinitiative, led by the United Nations Centre for Human Settlements (Habitat)and supported by the Government of Japan, began with an inter-agencymission to Indonesia in June 1999. The mission included experts fromUNCHS (Habitat), UNCRD, UNDP and ADPC. The key objectives of thisinitiative are to:

understand the effects of forest fires on communities, and at the sametime, to assess community actions as causal factors in forest fires;

understand the discord between local and national interests as they relateto forest fire management in Indonesia; and

explore opportunities for community involvement in forest fireprevention, monitoring and suppression vis--vis other stakeholderswithin the changing legislative and political context in Indonesia.

The draft report of this initiative was presented at a NationalConsultation Seminar on Forest Fires and Human Settlements organized

by the Ministry of Human Settlements in collaboration with UNCHS(Habitat) in Jakarta, Indonesia on 7-8 October 1999. Experts from ADPC,UNCRD, UNDP Jakarta, national and international NGOs working on forestfire issues and more than 50 senior level representatives from Indonesiangovernment agencies attended the Seminar1. The recommendations made atthe Seminar have been incorporated in the present report.

2. Forest Fires, Human Settlements and Communities

The forests in Indonesia are managed by the Ministry of Forestry and EstateCrops (MoFEC) which comprises an Inspectorate and Secretariat General,

two centres for education and training, an agency for research anddevelopment, and four operational Directorate Generals. Within MoFEC,forest fire issues are handled by a sub-directorate under the Directorate ofForest Protection and Nature Conservation.

1Annex III contains a list of participants in the National Consultation Seminar.


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There are eight basic laws (undang-undang) that govern themanagement of forest estates, and one basic law on cultivation, that haveimportant implications for the estate sector. The most fundamental problemin the legislation is the contradiction between the Agrarian Law of 1960 (No.5/1960) and the Basic Forestry Law of 1967 (No. 5/1967). While the

Agrarian Law recognizes the customary rights of people, the Basic ForestryLaw does not. This contradiction in the legislation poses serious limitationson community involvement in forest fire prevention. Based on the principleslaid out in the eight basic laws, a number of government decrees andregulations have been issued at different times and levels. Theimplementation of these numerous decrees and regulations has been weak.

At the time of preparation of this report, two important new laws hadrecently been enacted, the Local Government Autonomy Law (No. 22/1999enacted on 7 May 1999) and the Forestry Law (No. 41/1999 enacted on 30September 1999). However, until the completion of this report, the actualimplementation of these laws was still being discussed. Theirimplementation in due course will have important implications for thisreports recommendations.

The regulations defining the role of communities in the managementof forests are, in general, extremely unfavourable to forest communities,severely restricting their use of timber and limiting their access to otherforest products. They also do not differentiate between indigenouscommunities (long-established forest dwellers), transmigrants andspontaneous settlers. All forest communities are labelled as shiftingcultivators (peladang berpindah) who destroy the forests and disturb natures

balance. These regulations are the main target of the on-going reform

process.The utilization rights of natural forest concessionaires (HPH), as wellas timber plantation concessionaires (HPHTI), have been established by aseries of decrees based on the legal principles provided by the Basic ForestryLaw. The management of land clearance by industrial plantations is guided

by these rights of utilization. One of the most recent regulations, applicableto new concessions and to HPH and HPHTI concessionaires who wish toconvert a portion of their holdings to plantation, is a ministerial decree(Keputusan Menteri No. 782/Kpts-II/1998) that limits the sizes of differentkinds of concessions. This regulation represents a policy initiative that aimsat providing greater opportunities to medium-sized enterprises. However, in

its implementation, it may lead to excessive exploitation in pre-existing largeconcessions.

Over the past few decades, a range of new stakeholders inIndonesias forests have been introduced. Whereas in the past, the forestswere inhabited only by local ethnic groups (for example, Dayak and Kutai inEast Kalimantan), new stakeholders have emerged: logging companies,


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various kinds of cash crop plantations (oil palm, coconut, cacao, rubber), andconservation agencies. At the same time, some forest areas have undergonesignificant demographic changes over the past two decades due to the influxof spontaneous settlers and transmigrants. The informal resource useagreements that evolved over centuries among the indigenous people are no

longer applicable. This has led to conflicts between and among some of thekey stakeholders: indigenous forest communities, spontaneous settlers,official transmigrants and private companies.

3. Forest Fire Management in Indonesia

Until recently, the National Disaster Management Coordination Board(BAKORNAS PB), which has a representation of various departments andministries, did not have any representation from either MoFEC orBAPEDAL. Both agencies are now represented on the Board ofBAKORNAS PB wherein MoFEC deals with fire suppression issues andBAPEDAL represents concerns related to public education, awarenessgeneration and policy reform. Although this indicates some recentstreamlining of fire prevention and suppression functions at the nationallevel, it is not likely to translate automatically into better fire prevention andsuppression at the local level. There are several limitations in the regulatoryframework governing fire management in Indonesia: lack of flexibility,unclear fire management structure, imbalance in coordination arrangements,and lack of uniform fire management structures at provincial level.

The numerous decrees that regulate fire prevention seem to assumethat it can be managed and directed by a detailed set of rules and procedures.

These fixed procedures take little account of the confusion that occurs inmost serious fires and the need for rapid responses at the local level with agreat deal of improvization.

The structure that emerges from the numerous regulations isenormously complex. All three main agencies (BAKORNAS PB, MoFEC,BAPEDAL) have a command line drawn through their structures to the fieldlevel, where practical suppression activity is carried out. On the way down,there are numerous cross-links at sectoral, provincial, regional and locallevels of the agencies involved and key people such as governors andSATLAK heads, until ultimately there is a competition between agencies forthe services of fire-fighters. The existence of two fire management agencies

within the Ministry of Forestry (National Center for Forest FireManagement) and within BAPEDAL (National Center for Forest FireManagement), and their mutual mandates to form units down to the locallevel, offer considerable potential for confusion and rivalry in actual on-going fire management.


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Fire prevention issues seem to have been given a higher importancein the Ministry of Environment by the establishment of a Directorate forForest Fires (SK President No. 196/1998). In the Ministry of Forestry,however, forest fires are still managed at sub-directorate level under theDirectorate of Forest Protection and Nature Conservation. This creates an

imbalance in coordinating agencies.Given the nature of the national ministerial decrees that govern forest

fire prevention in Indonesia, especially those mandating different agencies,units or centres, the various provinces have responded at different times andin different ways to create their own local organizations. There is nouniformity of structures for fire-fighting at the provincial level.

4. Forest Fire Management Projects in Indonesia

Since 1982-83 a number of extreme forest fire events in Indonesia havecaught international attention. In response, a range of national, regional andinternational agencies have initiated a number of projects and programmesfocusing on various aspects of forest fire management. Prior to 1994, such

projects addressed issues of fire prevention and control. After the 1994 fire,which created transboundary pollution, there was greater interest inunderstanding the causes and impacts of the fires. In the aftermath of theunprecedented fires of 1997-98, a number of new projects were started.These projects, along with those started before the 1997-98 fires, exhibitsignificant overlap among objectives, activities, inputs and outputs. Theireffectiveness can be significantly increased by a good coordinatingmechanism that can enhance cooperation, sharing of information and

expertise, and dissemination of project results.In general, the new generation fire related projects seem to placemore emphasis on remote sensing technology for monitoring and prediction,compared to practical pre-suppression and suppression activities. These

projects need to be complemented with community-based forest fireprevention and mitigation programmes that emphasize local-level capacitybuilding, public education and awareness generation. A number of projectsthat were started before 1997 have recognized this and have nowincorporated community-based approaches into their programmes. Over the

past few years a number of national NGOs working at community level havealso been providing support to address the problem of forest fires and haze.

5. Underlying Causes of Forest and Land Fires

The causes of the 1997-98 forest fires in Indonesia can be broadly dividedinto three distinct but inter-related categories: weaknesses in policy and


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regulatory framework, local conflicts, and increased vulnerability of acontinually degrading forest environment.

Weaknesses in the policy and regulatory framework include:

the fundamental contradiction between the Agrarian Law and the BasicForestry Law, wherein the latter does not recognize the customary rightsof communities living in and around the forests;

the inappropriate forest utilization rights of concessionaires;

the inadequate forest utilization rights of communities living in andaround forest areas;

lack of emphasis on building management capacities at the local level;

lack of an integrated forest management system; and

inadequate inter-ministerial dialogue.

Many studies undertaken at the local level have indicated that conflictbetween local communities and the private sector was one of the causes ofthe 1997-98 fires. Forest communities often feel that their customary rightsof forest utilization are taken over and they retaliate by burning the trees

planted by the plantation companies. The limited utilization rights of forestcommunities have also made them indifferent and has discouraged their

participation in fire suppression. The conflicts over forest property rights arebetween a number of groups: local communities, local communities andgovernment, local communities and migrants, local residents and privatecompanies, and private companies. Lack of clear land use and ownershiprecords have made it difficult to resolve such conflicts.

There is a consensus among experts that the past fires have increasedthe vulnerability of the forests in Indonesia to fires. In the absence of anintegrated rehabilitation programme after previous fires, large tracts of forestland now have been covered with highly combustible biomass. Large-scalelogging and disturbance to the primary forests have also contributedsignificantly to increased vulnerability. In such a situation, localcommunities traditional mechanisms for dealing with fire that worked wellin humid tropical rain forests are inadequate.

6. Strategic Action Areas for the Prevention of Forest and Land Fires

The following strategic action areas represent some of the possible areas ofintervention for long-term forest and land fire prevention. In line with thefocus of this study, these strategies promte the role of communities in forestfire prevention.


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EXECUTIVE SUMMARY

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Training and Equipment for Local Fire Suppression

Training in local fire suppression in accordance with formally establishedstandards, provision of basic and simple fire-fighting equipment at localcommunity level, and the setting up of systems for local fire intelligence

and its rapid transmission will go a long way in strengthening firemanagement efforts.

Legal Advice to Communities through NGOs, Local Governments and

Professional Groups

Within the context of the current decentralization process in Indonesia,mechanisms to provide legal advice to local communities regarding theirforest resources rights and privileges can be extremely helpful. Local

NGOs, local governments and professional groups could be involved in

steering such a process.

Strategic Action Areas for Private Companies

Establishing Dialogue with Local Communities

Establishing a regular dialogue with local communities will help privatecompanies in understanding communities concerns regarding themanagement of forests. This will help reduce conflicts between the

private companies and local communities and increase responsibilities ofjoint (and complementary) resource management of forests.

Capacity-Building for Fire Prevention and Suppression at the Plantation

Level

Private companies will benefit greatly from assistance in capacity-building of their mandatory patrol and protection unit (Satpam PH)forfire prevention and suppression.

Advice on Community Rights in Potential Concession Areas

The private concessionaires can be advised, well in advance, of the rights

of the communities in their potential concession areas. This will helpminimize the cases where the concessionaires take hold of a newconcession without the knowledge of communities living in and aroundthe area.


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Public Education and Awareness-Generation Programmes

The management practices of private companies can be improved byextensive public education and awareness-generation programmestailored to their needs. Such programmes should convey information on

the longer-term economic and environmental benefits of sustainablepractices.

Strategic Action Areas for Local NGOs

Training of Trainers in Participatory Community Mapping

The capacity of local NGOs can be enhanced through the training oftrainers in techniques of participatory community mapping anddocumentation of community-based resource management systems.

Local NGOs may also be assisted in building their capacity to formalizeand redraft these maps into a standard format and assist communities inseeking formal recognition from the local government. Local NGOsshould also be able to assist local communities appropriately innegotiating a co-management scheme with local governments and privatecompanies.

Non-formal Education on Legal Aspects of Forest Management and

Local Governance Laws

NGO workers may be educated on the existing and emerging legal

aspects of forest management and local governance laws and theirimplications. Such education will help them play an effective facilitatingrole in reducing conflicts between local communities and privatecompanies, and exploring possibilities for joint forest resourcemanagement.

Training in Conflict Resolution

Training in modern conflict resolution techniques will greatly enhancethe capacities of local NGOs to facilitate dialogue among the variousstakeholders in forest resource management.

Networking with other NGOs

Several NGOs across Indonesia have been working on techniques ofparticipatory community mapping and documentation of community-


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based resource management systems and their application in conflictresolution. A lot can be learned from the experience of these on-goinginitiatives. Local NGOs can benefit greatly from networking with other

NGOs and capitalizing on their experiences.


Local NGOs should not only be a vehicle for public education andawareness-generation programmes but also a target of some of these

programmes to build their capacity in promoting sustainable forestresource management practices.

Strategic Action Areas for Local Government

Capacity-building for Local Level Planning

The current reform process is likely to devolve authority to the locallevel. In such a context, capacity-building of local governments in locallevel planning will be extremely important. This planning will include

provincial level integrated land use planning. Studies have emphasizedthe need to develop provincial spatial planning (Rencana Tata RuangWilayah Propinsi, RTRWP). Within the framework of RTRWP, there is aneed to develop provincial fire prevention and suppression plans. Thecapacity for such planning needs to be developed at the provincial levelso that these plans reflect the distinctive needs and characteristics of the

province.

Training on Emerging Legislative and Regulatory Framework

The national level reform process needs to be complemented withprovincial level training on the emerging legislative and regulatoryframework, and its implications for the functioning of local government.


Local governments should participate in public education and awareness-generation programmes dealing with forest fire prevention issues and

sustainable forest resource management practices.


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Strategic Action Areas for Central Government

A detailed review of the process by which forest concessions are issued atthe central government level will be helpful. It should examine whether the

location of communities is taken into account while issuing forestconcessions and whether private concessionaires are informed about therights and privileges of communities living in and around their concessionareas.


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I. INTRODUCTION

1.1 Background and Rationale

1.1.1 Forestry Sector in Indonesia

Indonesia ranks third, after Brazil and Zaire, in its endowment of tropicalrainforests, possessing 10% of what remains of this resource globally. Theapproximate distribution of forest cover is: Kalimantan (32% of the total),Irian Jaya (30%), Sumatra (21%), Sulawesi (10%), Maluku (5%) and other

(2%) (World Bank, 1990). Spread over about 144 million ha, the area underthe jurisdiction of the Ministry of Forestry and Estate Crops (MoFEC)accounts for nearly 75% of the entire land base of the country.

Based on an analysis of 1990 estimates of the standing stock ofimportant timber species in the natural forests, the ranked distribution ofhardwoods by major provincial holders was: Kalimantan (47%), Irian Jaya(21%), Sumatra (17%), Sulawesi (11%) and Maluku (4%). Similarly forsoftwoods, the distribution was Kalimantan (51%), Irian Jaya (18%),Sumatra (17%), Sulawesi (10%) and Maluku (4%). In summary, one-half tothree-quarters of the forest resources of Indonesia are in Kalimantan andIrian Jaya.

The recent development process has placed increasing demands onthe outer islands where most of Indonesias forest and land resources arelocated. These closed canopy forests account for over half of all forested areain Southeast Asia, and more than 95% of the forests of Indonesia. They serve

both productive and protective roles in the country. Yet in the 1980s,programmes were sponsored by the government to put massive tracts of landinto production, promoting a rapid growth in local land use and theexploitation of timber and other forest products. The result has been a sharpincrease in the rate of deforestation and uneven land use (World Bank,1990). Over the last few decades, the industrial policy has been such thatlarge numbers of sawmills and pulp mills have been established, whosetimber requirements exceed the capacity for sustainable forest utilization inthe areas where they are located (ADB, 1999).1

1Also based on discussions with forestry experts at CGIF-SMCP.


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In the last two years, the unfolding economic crisis has led toprofound changes affecting the forest sector and land use in general. Acomplex interplay of market demand, wood supply and fluctuating pricesgoverns the state of the commercial timber sector. Depressed markets inearly 1998 had led to a situation of near-bankruptcy in the wood processing

industry. However, regional demand for Indonesian wood is now expected tosurge following a Chinese policy to severely restrict logging. In theaftermath of the 1997-98 fires, the likely result will be increased damage in

production forests and unauthorized logging in protection forests.The conversion of forest land to agriculture also poses a threat to

natural forest cover and forest-dependent peoples. Earnings from oil palmplantations, cocoa and coffee on newly cultivated land are high because oflow production costs and high international prices. Indonesia is the worldssecond largest producer of natural rubber and palm oil, the third largest

producer of coffee, and fourth largest producer of cocoa. Such plantationsmay only be established on lands designated for conversion to agriculture.There is a natural temptation in such circumstances to burn degraded

production forests, where the potential for earnings is low, in order to force areclassification to conversion forest. This is leading to pressure on theregulatory authorities, notably the Ministry of Forestry and Estate Crops.

1.1.2 Role of Forests in the Indonesian Economy

Commercial exploitation of forests has grown rapidly in the last 30 years andIndonesia is now one of the world leaders in the export of tropical timber. By1996, some 445 logging concessions were operating on 54 million ha of

forest land, of which close to 1 million are estimated to be logged annually.This is more than the total area logged in all other Southeast Asian countriescombined. In 1994, wood and wood products produced about US$ 5.5 billionin export revenue for Indonesia, representing about 15% of total foreignearnings and employing 700,000 people (Sunderlin and Resosudarmo, 1996).

1.1.3 Historical Experience of Fires in Indonesia

Fires of varying magnitude have been a common occurrence in Indonesianforests for a long time. A damaging fire season seems to occur in Indonesiawith every exceptionally dry climate episode resulting from El Nio. The

most recent major events occurred in 1982-83, 1987, 1991, 1994 and 1997-98. The following sub-sections present a summary of causes and effects oflarge-scale fires during the last two decades.


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1982-83 Fires

In 1982-83, most of the forest fires were concentrated in Kalimantan,affecting over 3 million ha. The type of vegetation affected included primaryforest (23% of the affected area), logged forest (40%), secondary forest and

shifting cultivation (21%) and peat swamp forest (16%).The primary cause of these fires was said to be small agricultural

fires. One study indicated that only 11% of the undisturbed forest was burnt,whereas 58% of mildly disturbed forest area was affected. Within themoderately disturbed and heavily disturbed forest areas, 84 and 88%respectively were affected. This indicates that the fires were closelyinterlinked with the level of disturbance from human activity such as loggingand agricultural burning by subsistence farmers.

1987 Fires

The extent of the 1987 fires was considerably less than in 1982-83, and theirimpact considerably lower. However, many parts of Indonesia were affected,including Kalimantan, Sulawesi, Sumatra, Bali, Nusa Tenggara and Timor.According to official MoFEC estimates, at least 66,000 ha of forest burnt inthis year. Most of the 1987 fire activity was blamed on shifting cultivators. Itwas also reported that coal seams had ignited fires in plantations andconservation areas, particularly in the Bukit Soeharto Forest Reserve.Counter to MoFEC claims that shifting cultivators were responsible, someenvironmental groups laid blame on poorly managed forest concessions.

1991 Fires

Widespread fires occurred in 1991, affecting Sumatra, Kalimantan, Sulawesi,Java, Bali and Nusa Tenggara. Official estimates placed the area burnt at500,000 ha. Smoke haze caused major transport problems that affected bothhealth and tourism. Many domestic flights were cancelled due to poorvisibility, resulting in estimated losses to airline operators of US$ 3.2million. Estimates by MoFEC of timber losses and forest damage amountedto US$ 86 million.

Fire causes were attributed to land clearing activities, irresponsibleactivities of major companies establishing plantations, and shifting

cultivators. One study recorded that, in East Kalimantan, much of the areaburnt was secondary forest with alang alanggrasses (Imperata cylindrica).


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1994 Fires

The 1994 fire season again saw large areas of Indonesia affected by fire asonce more the country was gripped by drought. The provinces of Sumatraand Kalimantan were the most affected by fire and the resultant smoke haze

occurred over Singapore, Peninsular Malaysia and Sabah-Sarawak, inaddition to Kalimantan and Sumatra. Visibility was reduced to less than 500metres in Singapore by the end of September 1994. Such poor visibilitycaused disruption to air traffic with flow-on effects on tourism. The majorityof fires occurred in the forest-agricultural land interface, rather than in largeexpanses of forest. Peat swamp forests were particularly susceptible, burningfor lengthy periods and generating much smoke. MoFEC established theofficial figure of forests burnt as 4.9 million ha including farmland (57.5%),shifting cultivation (30.8%), transmigration (6.2%), plantation (4.5%),reforestation (0.4%), timber estates (0.45) and natural forest (0.2%). Timberrelated losses were estimated by MoFEC at US$ 15.4 million. A subsequentstatement by the Minister for Forestry suggested that the Government ofIndonesia had suffered US$ 23,000 in losses due to smoke and fires.

Causes were attributed to nomadic tribes undertaking slash andburn practices, and timber and plantation concessionaires. The Minister forForestry stated that arson might have been behind some fires in Kalimantanand Sumatra due to tensions between local people and concessionaires and

plantation owners. These fires were the first occasion in which agriculturerated a significant mention in burnt area figures. In this instance, 58% of thetotal area listed as burnt was on agricultural land. What is not clear iswhether this area was burnt by uncontrolled wildfire, or whether it was

merely caused by the routine disposal of agricultural by-products that iswidely practiced in Indonesia.While the most recent 1997-98 fires are discussed in detail in the

following chapters of this report, Table 1.1 presents a comparison of areasburnt in the above-mentioned fires and their causal factors.

1.1.4 Forest Fires of 1997-98

The 1997-98 forest and land fires in Indonesia were among the most severein the last two decades. The estimates of areas burnt in forest and other landfires during 1997-98 produced by different agencies range from several

hundred thousand to many million hectare. The unavailability of accurateland-use maps, time lag in undertaking the assessment, and difficulties indifferentiating the planned and legal fires from the catastrophic fires, add tothe complexity of damage assessment.


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Table 1.1: Extent of area burnt and reported causes of forest fires(1982-83 to 1997-98)

Fire Season Area Burnt (ha) Principal Causes

1982-83

1987

1991

1994

1997-98

3,200,00

66,000

500,000

4,865,500

9,500,000(provisional)

Smallholders, subsistence farmers, pepperclearing, land speculators

Shifting cultivators, coal seams

Carelessness, land clearing by major companies,shifting agriculture

90% attributed to slash and burn agriculture andfarming, 8% attributed to forest conversion,plantations and transmigrants

Burning for land conversion purposes for large-scale commercial crops

Smallholders and transmigrants utilizingtraditional agricultural techniques

Burning by forest concessionaires

Agricultural burning

Deliberate ignitions as a protest by traditionalforest dwellers against loss of land (large-scaleoperations) or social jealousies caused by newarrivals (small area landholders) utilizing landpreviously used by long-term residents

Carelessness

Source: ADB (1999)

According to the ADB-funded report entitled Planning for FirePrevention and Drought Management Project (hereinafter referred to asADB, 1999), initial estimates of areas burnt (in hectare) are Sumatra (1.7million), Kalimantan (6.5 million), Java (0.1 million), Sulawesi (0.4 million)and Irian Jaya (1 million). The estimates of areas burnt (in hectare) by foresttype and land use categories are montane forest (0.1 million), lowland forest

(3.3 million), peat and swamp forest (1.5 million), agricultural land, dryscrub and grassland (4.5 million), and timber plantation and estate crops (0.3million). The area burnt in 1997-98 was 9.7 million hectare as detailed inTable 1.2.


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Table 1.2: Estimated extent of spatial damage by fire in 1997-98 (000 ha)

IslandMonta

ne

Forest

LowlandForest

Peatand

SwampForest

Agricu

ltural

Land

DrySc

ruband

Grassland

Timber

Plantation

Estate

Crops

Total

Kalimantan 2,375 750 2,830 375 116 55 6,501

Sumatra 380 300 670 260 70 60 1,740

Java 25 50 25 100

Sulawesi 200 200 1 401

Irian Jaya 100 300 400 100 100 3 1,003

Total 100 3,280 1,450 3,850 760 186 119 9,745

Source: ADB (1999)

One of the major effects of the 1997-98 fires that caught international

attention was the occurrence of transboundary haze. Fires in peat soil areasand cleared conversion forests were identified as major contributors tosmoke and haze production. In 1997-98, the fires in Indonesia contributed22% of the worlds carbon dioxide production. Over 700 million tonnes ofcarbon dioxide were released into the atmosphere from the burning of peat(fossil fuel), thus elevating Indonesia to one of the largest carbon polluters inthe world.

The socio-economic impacts of these fires were significant. ADB(1999) conducted primary source research on the socio-economic impacts ofthe 1997-98 fires in two provinces, East Kalimantan and Riau. The studyestimates that the average loss for each community household member wasUS$ 1713. Due to the drought conditions induced by El Nio, rice

production in Indonesia decreased (beyond normal variability of 51 milliontons) by 2.6 million tonnes in 1997 and 7.0 million tonnes in 1998. Thecountry had to import rice to maintain food security. The decreased

production of rice and other agricultural crops, coupled with decreasedaccess to forest products, is likely to have impacted the quality of life of

people living in forest areas.Building on earlier attempts to value the economic costs of the 1997

fires, ADB (1999) estimates the economic cost of the 1997-98 fires to be inthe range of US$ 8.8 and 9.7 billion. A summary of the economic cost

estimated by this study is presented in Table 1.3.A comparison of the principal causes of fires from 1982-83 to 1997-98 indicates a shift from the point where major land clearing activitiescontributed a minor amount to the areas burnt, to a point where much of the

burning is attributed to land conversion activities. During the 1997-98 fireevents, some communities living around the forests tried to prevent fires


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from expanding. In communities living in and around the large company-owned forest concessions, industrial forest plantations and estate crop

plantations, it was observed that there was a tendency to behave carelesslyand allow fire to enter easily. A detailed description of the causes of the1997-98 fires is presented in chapter V.

Table 1.3: Summary of the economic cost of the 1997-98 fires and drought

Estimated Economic Losses

(US$ million)Sector

Minimum Maximum Mean

AgricultureFarm cropsPlantation crops

ForestryTimber from natural forest

(logged and unlogged)Lost growth in natural forestTimber from plantationsNon-timber forest productsFlood protectionErosion and siltationCarbon sink

HealthTransmigration and buildings and

propertyTransportationTourismFire-fighting

Total

2,431319

1,461

25694

586404

1,5861,446

1451

1811112

8,870

2,431319

2,165

37794

586404

1,5861,446

1451

4911111

9,725

2,431319

1,813

31694

586404

1,5861,446

1451

3311112

9,297

Source: ADB (1999)

The 1997-98 fires and the resulting transboundary haze caught world-wide attention. Besides Indonesia, a number of Southeast Asian countries, in

particular Brunei Darussalam, Malaysia and Singapore, were badly affected

by smoke haze caused by forest and land fires. The Philippines and Thailandwere also affected although to a lesser degree. The severity and extent of thesmoke haze pollution was unprecedented, affecting millions of people acrossthe region. Much international support was mobilized to suppress the fires.This experience brought into focus the enormity of the problem and the


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ASEAN Environment Ministers agreed on a Regional Haze Action Plan(RHAP), which sets out cooperative measures needed among ASEANmember countries to address the problem of smoke haze arising from forestand land fires in the region.

1.1.5 Continued Risk of Forest Fire Events in Indonesia

It has been scientifically demonstrated that fire has been part of the naturalecosystem in Indonesia for many thousands of years, and burning coal seamshave also been part of the landscape (ADB, 1999: Annex 2, Working Paper1). However, it is clear that fire, as a part of human action, has not previously

been linked to the environment with the same vigour evident in the last twodecades. As population levels have increased and shifted, there has been arapid change in land use and this has brought with it a different applicationof what has been a strong rural fire use culture.

Although the 1997-98 fires have provoked a number of initiatives toestablish effective fire management systems, implementation of the strategiesidentified by these initiatives will require significant political will andconcerted efforts by a range of government agencies at all levels, NGOs andinternational organizations. Many of the economic and socio-political causesof the 1997-98 fires still prevail. One of the main causes of fires is theopening up of large tracts to logging and substantial land use conversions toindustrial plantations, estate plantations and agricultural pursuits. Suchactivities still continue on a fairly large scale. An ADB-funded BAPPENASstudy points out that although primary undisturbed forest is inherently fireresistant and naturally subjected to incursion by fire at long intervals, the

disturbance caused by human activities or previous fires can significantlyincrease the forests vulnerability to fires. The report points out that over thelast two decades, Indonesia has experienced significant instances of fire,most of them coincident with the opening up of large tracts to logging andland conversion. Even after the 1997-98 fires, little change is evident in these

practices. The closed canopy forest disturbed by the 1997-98 fires hasexperienced significant growth of biomass, which could act as fuel duringrecurring drought conditions. These factors, combined with a regular returnof El Nio events (and associated drought conditions), indicate that the

possibility of large-scale fires in the coming years remains high.The vulnerability of Indonesian forests is also linked to more

fundamental issues of forest management and the role of communities andlocal governments. There is little attention given to the existence of localcommunities living close to the forest, including those that are vulnerable tofire. It is gradually being understood that appropriate recognition of peoplestraditional and customary rights can play a significant role in forest

protection. There has been some progress in recent months in this area. The


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Minister for Agrarian Affairs issued a ministerial decree (No. 5/1999) thatrecognizes for the first time the traditional and customary forest rights of

people. However, this leaves a lot to be desired. The legislative arrangementsfor land and forest management should recognize the linkage betweenlivelihoods of forest communities and the management of forests around

them. This will lead to greater stakes for the community in forests and willencourage communities to actively participate in protecting them.

The issues discussed in this section have been discussed and analyzedin studies which have suggested a number of medium- and long-termstrategies for forest fire management. However, as ADB (1999) indicates,even if these strategies are implemented effectively, it will take five to tenyears to reduce the risk of losses from forest and land fires in Indonesia to areasonable level.

1.1.6 Possible Impacts on Communities and Human Settlements

Different types of communities living in and around the forests of Indonesiaare an integral part of the forest economy. Most of them are dependent onagriculture and forest use, mainly in a combination of shifting cultivation forfood crops and perennial gardens, along with hunting, fishing, and forest

product gathering. For indigenous communities, customary law governs theuse of forest resources. As a result of close interaction between thesecommunities and the forests, the impacts of large-scale forest fires on themare always significant. These may include inadequate food supply as a resultof destruction of crops adjoining the fire-affected forests, inadequateavailability of wood and building materials, lack of other forest products

gathered or used by villagers, and impacts on cash earnings or paid work.Over the last two decades, the competition for forest resources hasincreased and, as a result, indigenous forest communities find themselves inconflict with logging concessionaires and industrial plantation owners. Therights and privileges of these concessionaires and owners often ignore theforest resource use practices of local communities. The conflict betweenindigenous communities, who are the traditional land users, and the newusers, has been cited as one of the significant causes of the 1997-98 fires.The situation becomes even more complex as one takes into account othercommunities such as spontaneous settlers and transmigration villagers whohave different relationships with forests, and whose pattern of forest use is

different from that of indigenous communities.

1.2The Current Initiative

From the above discussion it becomes clear that it is extremely important tolook at the issues of forest fires in relation to communities and human


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settlements. This will help alleviate the impacts of forest fires oncommunities as well as carve out a meaningful and sustainable role forcommunities to participate in fire prevention, monitoring and suppression.

In the aftermath of the 1997-98 forest fires in Indonesia, a number ofnational and international initiatives have been taken to assess the causes and

effects of these fires and suggest a range of strategies for a more effectiveforest fire management system in Indonesia. These strategies deal withvarious aspects such as fire information systems, communication,information and education programmes, development of regulations andmechanisms for law enforcement, and institutional development. Althoughmost of these efforts do recognize the vital role of communities2in effectiveforest fire management, relatively little attention has been paid to it. Thecurrent inter-agency initiative complements on-going efforts at improvingforest fire management systems by bringing in local community level

perspectives on the issue.This initiative, led by the United Nations Centre for Human

Settlements (Habitat) and supported by the Government of Japan, began withan inter-agency mission to Indonesia in June 1999. The mission includedexperts from UNCHS (Habitat), UNCRD, UNDP and ADPC. This documentis based on consultations with Indonesian government agencies anddepartments, a range of international agencies and NGOs working on forestfire management issues in Indonesia, secondary information collected fromnumerous reports (both published and unpublished), and a field visit to EastKalimantan.

1.2.1 The Key Objectives

The mission focused on the linkages between forest and land fires andcommunities. The key objectives of the study were to:

understand the effects of forest fires on communities, and at the sametime, to assess community actions as causal factors in forest fires;

understand the discord between local and national interests as they relateto forest fire management in Indonesia; and

explore opportunities for community involvement in forest fireprevention, monitoring and suppression vis--vis other stakeholderswithin the changing legislative and political context in Indonesia.

2 In some cases this recognition has also been translated into grassroots level programmesthat focus on community issues related to forest fire management. The GTZ-supportedIFFMP in East Kalimantan is one such example.


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The draft report of this initiative was presented at a NationalConsultation Seminar on Forest Fires and Human Settlements organized

by the Ministry of Human Settlements in collaboration with UNCHS(Habitat) in Jakarta, Indonesia on 7-8 October 1999. Experts from ADPC,UNCRD, UNDP Jakarta, national and international NGOs working on forest

fire issues and more than 50 senior level representatives from Indonesiangovernment agencies attended the Seminar3. The recommendations made atthe Seminar have been incorporated in the present report.

3Annex III contains a list of participants in the National Consultation Seminar.


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II. FORESTS, HUMAN SETTLEMENTS ANDCOMMUNITIES

2.1 Institutional and Legal Framework and Forest Property Rights

2.1.1 Institutional Arrangements for Managing the Forestry Sector

Forestry Department boundaries in Indonesia cover about 144 million ha,representing about 75% of the land base of the country. The forests are zoned

into five categories: conservation and national parks (13% of the total),watershed protection (21%), limited production forest (21%), regular

production forest (24%) in which selection logging is permitted, andconversion forest (21%) designated for change to agriculture.

The Ministry of Forestry and Estate Crops (MoFEC) comprises anInspectorate and Secretariat General, two centres for education and training,an agency for research and development, and four operational DirectorateGenerals (DG) for Forest Utilization, Reforestation and Rehabilitation,Forest Protection and Nature Conservation, and Forest Inventory and LandUse Planning.

Management of the forest sector was found to be weak. Java, which

has less than 2% of all forested land, has 50% of all forestry administrativestaff. Staff on the outer islands rely largely on concessionaire reports todetermine annual allowable cuts and royalties to be paid on merchantabletimber. Poor logging practices and breaches of regulations are difficult todetect.

2.1.2 Current Forest Management Practices

The forests of Indonesia are being logged at a rate of approximately 40million cubic metres per year, a rate nearly twice that recommended byMoFEC for sustainable yields. The causes of deforestation in old-growthor primary forests are currently a subject of debate. Contributing factorsinclude logging by the timber industry (clear-cut logging and selectionlogging), estate and plantation development (large private commercial estatesand state-owned plantations) and smallholder cultivation (shifting-cultivation forest pioneers, tree crop smallholders, and both regular and


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spontaneous transmigrants). A lack of independent data prevents anydetailed assessment of the relative growth and impact of each factor. Timber

plantations are intended to supply Indonesias emerging pulp and paperindustry which currently relies on a diminishing supply of wood fibre fromnatural forests: the rate of plantation development is closely linked to the

price of logs and the export market. Hence plantation developmentcontributes significantly to deforestation.

Government recognition of the need to manage the forest sector on amore sustainable basis led to the following items in the fifth five-yeareconomic plan (1990/91 - 1994/5):

no increases in targets for log extraction;

integration of logging and processing activities;

restriction of forest plantations to degraded forest lands;

extended leases on forest plantations (from 20 to 35 years);

a moratorium on new licenses for plywood and sawmill construction; and extension education and training.

Yet logging activities continue to result in severe reductions in foresthealth and biodiversity. Standing trees are being damaged as a result of poorlogging practices, and re-entry before the 35-year logging cycle elapses iscompounding the losses. Slow regeneration of valuable species contributes tothe reduced value of logged-over areas. Consequently, many concessionairesdo little to protect their holdings from encroachment and fire once they arelogged.

In general, the poor logging and reforestation practices are a result of

the high opportunity cost of capital, a long period for regeneration and thecurrent system of relatively short timber concessions. Considered together,they promote a short-term perspective on forest resources management,which is characterized by clear-cut logging with little effective restoration ofthe natural environment. The situation has been worsened by shortcomings inthe regulatory structure that have resulted in reforestation funds beingmisappropriated.

Although some deforestation is inevitable, the current situationrepresents a substantial economic loss. When compounded with influences ofclimate change and the current economic crisis, it may be the precursor tolarge-scale environmental degradation. The economic crisis will likely

increase pressure on Indonesias natural forest cover, largely throughexpanded agricultural production and mining, and the potential for a reviveddemand in wood products processing.


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2.1.3 Legal Framework for the Forestry Sector

There are eight basic laws (undang-undang) that govern the management ofthe forest estate, and one basic law on cultivation, that have importantimplications for the estate sector. The basic laws provide the general legal

principles to which subsequent government decrees and regulations refer andfrom which they derive their legal standing. These laws include:

The Agrarian Law of 1960 (Undang-Undang No. 5/1960)

This law establishes the legal grounds for different rights to landownership, use and development. It recognizes the possibility ofcommunal claims to land according to customary right (hak ulayat).

The Basic Forestry Law of 1967 (Undang-Undang No. 5/1967)

This law establishes the legal framework for the administration,conservation and utilization of land and resources classified as forestestate. It does not formally recognize rights to communal land claimedunder customary law nor does it acknowledge the existence of

populations living within the forest estate.

The Management of the Living Environment Law of 1982 (Undang-Undang R.I. No. 4/1982)

The Spatial Use Management Law of 1992 (Undang-Undang R.I. No.24/1992)

The Population Density and Family Welfare Law of 1992 (Undang-Undang R.I. No. 10/1992)

The Basic Law Ratifying the United Nations Convention on Biodiversity(Undang-Undang R.I. No. 5/1994)

The Basic Law on the Management of the Living Environment of 1997(Undang-Undang R.I. No. 23/1997)

The Basic Law on Cultivation of 1992 (Undang-Undang R.I. No.

12/1994)

The most fundamental problem in the legislation is the contradictionbetween the Agrarian Law of 1960 and the Basic Forestry Law of 1967.While the Agrarian Law recognizes the customary rights of people, the Basic


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Forestry Law does not. This contradiction in legislation has importantimplications and poses serious limitations to community involvement inforest fire prevention.

Based on the principles laid out in the above-mentioned laws, anumber of government decrees and regulations have been issued at different

times and levels. The implementation of these decrees and regulations hasbeen rather weak.

It is important to note that two important new laws were passed in1999, the Local Government Autonomy Law (No. 22/1999enacted on 7 May1999) and the Forestry Law (No. 41/1999 enacted on 30 September 1999).Both laws acknowledge the customary rights of local people to a wide rangeof local resources including the forest. Their implementation will imply thatthe central government will have limited authority in managing the forests.However, it will take a few more years before these laws are fullyimplemented.

2.1.4 Forest Property Rights of Different Stakeholders

Communities Living in and around Forest Estates

There are three existing regulations directed toward communities in andaround forest estates:

The Community Development in Timber Concessions Program (HPHBina Desa Hutan No. 691/Kpts-II/91)

This regulation directs concession-holders to take responsibility for the

improvement of the welfare of the populations in and aroundconcessions.

Joint Decree on Forest Dwellers and Shifting Cultivators (No. 480/ Kpt-II/93)

This decree identifies forest dwellers and shifting cultivators asdestroyers of the forests and disturbers of the balance of nature. Itassigns responsibilities among different ministries for the resettlement ofthese populations outside forest areas.

Forestry Decree on the Use of Forest Products by Customary LawCommunities with Forest Concession Areas (No. 251/Kpts-II/1993)

This decree acknowledges the existence of customary law communities(masyarakat hukum adat) in forest concession areas and their traditionalcommunal rights to both timber and non-timber products. However, it


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shifts formal recognition of such groups and their rights to theBupatiofthe areas in which they are found and requires that they obtain

permission from the local head of forestry.

The three above-mentioned regulations are particularly unfavourable

to forest communities, severely restricting their use of timber and limitingtheir access to other forest products. They also do not differentiate betweenindigenous communities (long-established forest dwellers), transmigrantsand spontaneous settlers. All the forest communities are labelled as shiftingcultivators (peladang berpindah)who destroy the forests and disturb natures

balance. These regulations are the main target of the reform process.

The Private Sector

Based on the legal principles provided by the Basic Forestry Law,subsequent decrees (PP No. 21/1970 and PP No. 7/1970) have establishedutilization rights, the most recent of which is the utilization right forindustrial plantation forests. The management of land clearance by industrial

plantations is guided by these rights of utilization. One of the most recentregulations is a ministerial decree (Keputusan Menteri No. 728/Kpts-II/1998)that limits the size of different kinds of concessions. Its main points are:

For any private company, the maximum area for a natural forestconcession (HPH) or timber plantation concession (HPHTI) for pulp ornon-pulp is set at 100,000 ha in any one province (except Irian Jayawhere the limit is 200,000 ha), and for the whole of Indonesia, the

maximum limit is set at 400,000 ha.

For any private company, the maximum area allowed for the conversionof forest land for the cultivation of all crops (except sugar cane) is set at20,000 ha per province, and for the whole of Indonesia at 100,000 ha.

For sugar cane, the maximum concession in any province is 60,000 haand for the whole of Indonesia 150,000 ha.

This regulation will be applicable to new concessions and to HPH andHPHTI concessionaires who wish to convert a portion of their holdings to

plantation. It represents a policy initiative that aims at providing greateropportunities to medium-sized enterprises. However, in its implementation,it may lead to excessive exploitation in pre-existing large concessions. Thisis because renewal of HPH licenses will now involve substantial reduction inthe size of the concession. If current concession-holders have no possibility


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of retaining a large part of their concession when it comes up for renewal,there will be no incentive to do anything other than exploit it. Therefore, thisregulation requires restructuring to adequately encourage sustainable forestmanagement.

2.2 Competition for Forest Resources

Over the past few decades a range of new stakeholders in Indonesias forestshave been introduced. Whereas in the past, forests were inhabited only bylocal ethnic groups (for example, Dayak and Kutai in East Kalimantan area),new stakeholders have emerged: logging companies, various kinds of cashcrop plantations (oil palm, coconut, cacao, rubber) and conservation agencies(Colfer, 1999). At the same time, some of the forest areas have undergonesignificant demographic changes over the past two decades due to the influxof spontaneous settlers and transmigrants. The informal resource useagreements that evolved over centuries among the indigenous people are nolonger applicable with the influx of new settlers. Resource use patterns andvalues differ among ethnic groups and have led to competition forincreasingly scarce forest resources. The following sub-sections try tocapture the nature of conflict between and among some of the keystakeholders in forest resources.

2.2.1 Forest Communities

Although the forest areas of the entire country are marked by significantethnic diversity, forest communities can be divided into three broad groups:

indigenous communities, spontaneous settlers and official transmigrants.

Indigenous Communities

Indigenous communities are marked by significant ethnic diversity.However, centuries of cohabitation have produced some complementarity offorest resource use among them. This often means that the same stretch offorest is used by different indigenous groups for meeting different resourcerequirements. Colfer (1999) cites an example of Long Segar forest area inEast Kalimantan where the Kenyah people consciously left commercialrattan collection and shingle-making to the Kutai from neighbouring

Kernyanyan. Similarly, in the Danau Sentarum Wildlife Reserve in WestKalimantan, the Iban and Melayu divided the resources by exploiting theforest and lakes respectively.

The boundaries of the forest areas used by different indigenouscommunities often overlap for different resource uses and are marked byinformal, locally recognized signs which are almost never mapped or


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documented in a formal way and often disappear after a fire event. Thedifferent resource uses include the usage of timber from the forest,cultivation of forest gardens for fruit and other products such as rattan, aswell as non-agricultural uses such as hunting and gathering. These traditionalresource use patterns are regulated by the customary community head (adat

kepala)who decides individual as well as collective resource use rights.Over the past few decades, these communities have found themselves

increasingly in conflict with the private sector when the concessions issuedby the Forestry Department completely ignored their traditional forestresource use patterns and requirements. For example, when a forest area isconverted into a forest concession, hunting is completely disallowed in thatarea. The lack of formal documentation of their traditional forest resourceuse patterns, and almost complete disregard of their resource requirements bythe Forestry Department, has led to a sense of tenure insecurity and

perceptions of inequity among the indigenous communities. This has oftenled to conflicts with the forest concessionaires and plantation owners,resulting in the spread of fires in the plantation areas. Gonner (1999) hasdocumented one such conflict between Dayak farmers and an oil palm

plantation company in Kutai sub-district of East Kalimantan province. Theconflict arose when the plantation company converted traditionally ownedforest gardens into plantation land without paying adequate (or any)compensation to the Dayak villages.

Spontaneous Settlers

These communities have usually come from other islands of the country in

search of better occupational opportunities. It appears that the indigenouscommunities have been able to strike a harmonious chord with thespontaneous settlers because the process of settlement of the latter withoutany government support involves significant dialogue between the twocommunities, resulting in informal, amicable agreements for cohabitation.

Official Transmigrants

These communities are brought in from other islands either by thegovernment or by plantation companies as labourers. Transmigrants, who are

perceived to be favoured by the government and plantation owners, often

find themselves in conflict with indigenous communities. They bring in newvalues and little knowledge of the local conditions. They are often greatlydependent on plantation companies and are involved in setting fires for landclearance. Unlike the indigenous communities, they are not familiar with thetraditional mechanisms of dealing with fire as a normal (controllable)agricultural tool. It has generally been observed that the risk of fire around


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transmigrant communities is much higher. In parts of East Kalimantan, anumber of peat fire incidents started because of fires set by transmigrantcommunities for turtle hunting.

2.2.2 The Private Sector

The private sector stakeholders in the forests of Indonesia can be broadlydivided in two groups: natural forest concessionaires (HPH) and timber

plantation concessionaires (HPHTI).The natural forest concessionaires selectively log their concessions

for timber. Communities living around these concessions may not use theseareas for hunting or any other use. In the past, shorter concession tenuresresulted in unsustainable rates of logging. Poor logging practices have alsoadded to the poor management of these concessions. As mentioned in section2.1.4, the new regulations limiting the size of these concessions (and hencerequiring a reduction in size at renewal) may discourage sustainablemanagement of large natural forest concessions. Although theseconcessionaires have engaged in unsustainable forest management practices,the incidence of fire is not in their interest. Some of them have their own(however inadequate) arrangements for fire suppression.

Timber plantation concessionaires include both pulp and non-pulpusers. Oil palm plantation companies seem to be the most in conflict withlocal communities. The expansion of oil palm plantation areas has supportfrom different levels in the government. The Government of Indonesiaexpects to be the largest producer of palm oil by the year 2005, hoping tohave converted 5.5 million ha to oil palm alone (Potter and Lee, 1999). The

oil palm plantation owners come in with their own labour force. Thesemigrants settle in and around the plantation areas and are heavily dependentupon these plantations for their livelihood. Plantation companies often clearforest lands traditionally used by indigenous communities by setting fireswithout paying them adequate compensation. This has resulted in conflict

between indigenous people and plantation companies, and was one of thechief causes of large-scale fires in 1997-98.

2.2.3 Local Governments and Local Forest Departments

With the devolution process under way in Indonesia, local governments and

forestry departments will have an increasingly important role in themanagement of forests. A range of forestry functions is already beingtransferred to the provinces. A state regulation issued in June 1998 transfersto the governor of each province central forestry functions such as themanagement of national parks and the determination of their boundaries.Regulations such as this mark the beginning of not only the process of


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devolution of authority but also constitute a step towards transfer of centralcapacities to the provinces. In such a changing context, local governmentswill have to play an active role in resolving conflicts between differentcommunities and the private sector. In the absence of detailed and accurateland use maps and documentation of traditional resource use patterns, it will

be a challenging task for local governments to evolve a forest managementsystem that is both sustainable and beneficial to all stakeholders.


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III. FOREST FIRE MANAGEMENT ININDONESIA

3.1 Introduction

After the 1997-98 forest fires, the forest fire management system inIndonesia, including current institutional arrangements and regulatoryframeworks, came under detailed scrutiny in a number of studies. The reportentitled Forest and Land Fires In Indonesia - Volume I published by the

Ministry of Environment/UNDP (1998) presents a detailed analysis of howthe existing organizational structures responded before, during and after firesin 1997. ADB (1999) presents a detailed analysis of the institutionalmechanisms and complex regulatory frameworks for fire management inIndonesia. This report also attempts to explain some of the major factorsespecially related to forest policies and regulations, which may have allowedthe fires to burn out of control in 1997-98. This chapter draws heavily onthese two studies and presents a brief overview of institutional and legislativearrangements for disaster management in Indonesia and the place of forestfire management within this overall framework. The first part of the chapter

briefly describes the overall disaster management system at national,

provincial and district levels. The next part deals specifically with legislativeand regulatory frameworks for forest fire management in the country. Theconcluding section summarizes limitations in the regulatory framework andtheir implications at the local level.

3.2 Disaster Management in Indonesia

The sixth Five-Year Development Plan of Indonesia (Repelita VI) hasspecifically identified disaster management as a priority action area.RepelitaVI emphasizes the need to pursue disaster management in its full range

prevention, preparedness, relief, rehabilitation and reconstruction on across-sectoral basis with emphasis on community level understanding andaction to reduce the risk of any kind of disaster. The plan identifies a rangeof action areas to strengthen disaster management in the country, such as:


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awareness generation and preparedness at the local level (of both localcommunities and government authorities);

human resources development;

provision of appropriate equipment;

prevention of environmental degradation to reduce the risk of disasters;

capacity-building of emergency responders and communities for searchand rescue in the aftermath of a disaster;

formulation of standard operating procedures for dealing with differentkinds of hazards; and

appropriate legislation or enabling regulations to support disasterprevention and management activities.

3.2.1 Institutional Arrangements for Disaster Management

Presidential Decree No. 43 of 1990 recognized the need for integrated and

coordinated measures to be taken before, during and after a disaster, andestablished non-structural coordination mechanisms at national and districtlevels. The coordination mechanisms at the national, provincial and districtlevels are described in the following sub-sections.

National Level

At the national level, coordination of the various departments and agenciesinvolved in disaster management is to be accomplished through the NationalDisaster Management Coordinating Board (BAKORNAS Penanggulangan

Bencana). Established and reconstituted by a succession of Presidential

Decrees (Keppres No. 256/1996, Keppres No.

Documents

Inter-Agency Report on Indonesian Forest and Land Fires and Proposals for Risk Reduction in Human Settlements