Big Commitments, Slow Results

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1 Big Commitments, Slow Results An Assessment on President Susilo Bambang Yudhoyono s Climate Change Policies Avi Mahaningtyas, Asep Firdaus, Patrick Anderson Indonesia Update, Canberra, 20 September 2014

2 SBY Climate Commitments Time Line Bali Roadmap, REDD Reducing GHG Emissions by 26% to 41% by 2020 ICCTF blueprint launch 2010 National Task Force on REDD+ Consultation on REDD+ Strategy 9 REDD+ provinces, Central Kal as pilot Licensing Moratorium MP3EI Launch Action Plan to Reduce GHG National Strategy on REDD+ One Map Movement Tenure and conflict resolution REDD+ Strategy 11 Provinces 2013 Extended Moratorium MoA 12 Ministries and State Agency on Forest Gazettement Compliance audit for plantations MK35 Constitutional Court Ruling Claim and Verification 2014 National Initiative for IPs Protection National Inquiry for Violation against Ips rights National Action Plan in Combating Corruption One Data system Deforestation rate 450, ha. Moratorium area shrunk by 5 million ha. Forest fires. Deforestation-driven development implementation. Conflict, unilateral gazettement, forest-license corruption; criminalization of communities and IPs, impunity of corporate crime.

3 Land cover and concession maps Reference? How licensing process eat our forest?

4 Which numbers do you like to use?

5 Who must be held accountable?

6 Current Status of Moratorium Area THE INDICATIVE MORATORIUM MAP (IMM) HAS BEEN IMPROVED 5 TIMES, NEXT UP DATE WILL BE ON MAY 2014 Current status on moratorium area 20/5/ /11/ /5/ /11/ /5/ /11/2013 MoF Data (forest license) and Bappenas/ Wetlands (peatland) MoF Data (license), MoAgr (Peatland), BPN (concession) 2 IMM 1 + MoEMR (concession), MoTWF (Transmigra on), MoHA (license) IMM 2 + new data(large concession from MoEMR has not acquired) IMM 3 + new data (MoHA only 29% local governments involved) IMM 4 + new data (addi onal peatland/ forest survey and spa al plan) IMM 0 IMM 1 IMM 2 IMM 3 IMM 4 IMM Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Source: Moratorium Working Group Analysis

7 Reducing deforestation: Brazil and Indonesia

8 Conclusions Good commitments on climate change policies at global and national level. This supported good governance and law enforcement initiatives. Not strategic in utilizing political momentum; untimely in taking decisions. Climate change policies involve complex governance issues. MUST address corruption, sources of revenue for ministries, political parties and corporate-supporters of political parties and government. Institutional conflicts, contested laws and unresolved conflicts between companies and communities are left for the next administration to tackle.

9 Environment problems in Indonesia New Environment Law 32/2009

10 Momentum for improvement Enforcement Creatiing expectation to change

11 Powerless Institution Politically powerless: Supervision Law Enforcement Ministry of Environment Sectoral Ministries: - Energy and mining - Plantations - Forestry

12 Cases Tripa peat swamp in Aceh PT. Kallista Alam in violation of the law for using fire to clear 1,000 hectares of peat forest must pay compensation amounting Rp (approx. $1 million) material costs. must undertake environmental remediation at a cost of Rp ($2.5 million) Its license revoked.

13 PT. Semen Gresik Exploration License in Central java The Supreme Court ruled that the Exploration License of PT. SG was unlawful Due to lack of EIA.

14 PT. Rayja Hotel Development in East Java Own Hotel Rayja sued one of the residents for obstructing development The courts ruled that the activists actions were legitimate, that the hotel building permits were invalid and ordered the company to pay material restitution.

15 Conclusions The release of new environment law actually provided a great opportunity to SBY administration to realize its promises on environmental issues. The progressive court decisions give some hope for the future despite the weak efforts in environmental law enforcement by the SBY administration. Going forward, the new government of Jokowi needs to be consistent in the enforcement of environmental laws, it needs to strengthen the ministry of Environment so that it is able to defend the environment against the stronger ministries, and it needs to issue the government regulations mandated in the Environment Law that will allow it to be implemented.

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