Draft Local Regulation on West Kalimantan province Spatial Planning Doesn’t Show Justice to Natural Resources.

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Pontianak (Gemawannews)-Spatial Planning is an absolute reference for development. Law nr.26 of 2007 stated that the spatial planning is guidelines for development, investment, determination of strategic location, and allocation of spatial planning for community. These statements revealed on the Workshop ‘Strategy of Mainstreaming Marginal groups (Men and Women) in the Implementation of West Kalimantan Province Spatial Planning’ held by Lembaga Gemawan cooperating with the Asia Foundation (TAF), on 21-22 December 2012 at Santika Hotel, Pontianak.

 

Arif Munandar from Swandiri Institute stated, the role and function in spatial planning involves all parties, including people as the development subject.

He said, to date the ratification of West Kalimantan province spatial planning in the form of draft local regulation still raises many criticisms and issues particularly about the allocation for people. There is no concrete data such as layout of  people plantation, agriculture, and housing. People should not be the  development object but subject of development in the implementation of spatial planning.

“It is not only an information that people are  not involved in the development process, but from the making to monitoring, it’s clearly shown that the draft doesn’t show justice to natural resources as the policy affects people,” Arif stated.

The Government Gives the Public Responsibility to Investor.

Meanwhile, Adriani Zakaria –usually called Aad- from Aidenvironment considered that the government tends to provide services widely for private investment, but ignoring people rights over land and practices of their management that has been ongoing for long time. The category of functions for cultivation and protection only emphasizes on the allowed activity groups, but no particular category for small people to freely conduct their economic activities.

In West Kalimantan, there is a tendency that dryland farming area will be a target of oil palm plantation, mining, and industrial tree plantation in large-scale. In the meantime, the existence of field, rubber plantation, tembawang, and another kind of community based management are not maintained. Consequently, land conflict is increasingly widespread today, Aad explained.

Furthermore, According to Aad, the protection of people land obviously is not implemented by government, the main issue of the conflict is about the recognition of ownership over people rights, specifically local and indigenous people who has been living for long time there.

People allegedly grab state’s land, and violate rules, they also  potentially criminalized that tends to have a closed access of rural development schemes. It becomes a threat toward the policy of forest establishment (forest function is aimed to support life, water system, ecosystem sustainability, and biodiversity).

People’s food agricultural land management for traditional cultivation that has been managed for long time ago is also limited. The diversification of local product weakens as almost all non-forest lands have oil palm plantation licenses. Usually for land that has business permit, the potency of conflict due to population growth and plantation business happened because of limited land needs. Meanwhile, horizontal conflict potentially occured to land in the development stage (plantation) because the boundary of management area is still not clear.

From the proposed data of West Kalimantan province government, the proposed no-forest status (APL) already has plantation location permit. The overlap happened because no data provides boundaries of people. So that people housing and plantation become a part of investment area. People are the development object, not the development actor.

“Massive license allocation for oil palm plantation on non forest area which has housing becomes government’s modus to release public service responsibility to people by throwing the obligation to company,” Aad affirmed.

No Conflict Settlement Mechanism

Laili Khairnur, the executive director of Lembaga Gemawan, also stated similar opinion. Lack of people participation in giving input and determining regional planning in the spatial planning because no mechanism to ensure people participation has a room in the making of spatial planning.

“Even worse, people do not know about spatial planning policy that should be known and should involve people,” said Laili.

In conflict settlement issue, according to Laili, no conflict settlement mechanism that people faced. The settlement mechanism is a political line and aspiration for people. Many conflicts that lead to discrimination to people can be a time bomb that could erupt anytime, she argued.

People even fight for themselves to get recognition over their rights. Women are often prone to be victims of spatial system which is not participatory, we certainly considered that West Kalimantan Province Spatial Planning has not answered several community’s issues, she appended.

West Kalimantan Government previously has proposed the revision of spatial planning, namely the allocation specifically for area into APL covers 2.359.655 ha, conversion amongst area covers 725.448 ha, conversion from APL into area covers 237.581 ha. Of all proposed revision, the integrated team of Ministry of Forestry has recommended some changes, including 885.637  ha of area into APL,  296.508 ha of conversion amongst area, and 65.941 ha of APL into area.

The mainland of West Kalimantan province is 14.680.700  with total population reached 4.477.348 people. Of total area, almost 70 percent has been allocated for licenses either plantation or mining. Based on the analysis of Civil Society Coalition for Justice and Sustainable Spatial Planning in 2012, the concession of oil palm plantation is registered for 4,8 million ha has been owned by 326 companies, or nearly equal to Jambi province. Meanwhile, the mining business license (IUP) for 1,5 million ha has been given to 651 companies, these figures still have to be added with IUPHHK-HA-HT (Timber Forest Utilization License on Natural Forest and Plantation Forest) owned by 151 companies cover 3,7 million ha of land.or

The above factual data showed that 529 companies has owned 10 million ha of land, or nearly 70 percent of total area of West Kalimantan. In other words, there is only 30 percent or 4,4 million ha of total mainland that can be accessed by 4,3 million people of West Kalimantan. The accessible area still has to be reduced by conservation and protection area (3,7 million ha). It means that people only have 0,6 million ha of land for their housing, people plantation, and other allocations. (Joy)

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