Hot spot of emission and confusion: land tenure insecurity, contested policies and competing claims in the central Kalimantan ex-mega rice project area ICRAF Working paper no. 98 (original) (raw)

The views expressed in this publication are those of the author(s) and not necessarily those of the World Agroforestry Centre. Articles appearing in this publication may be quoted or reproduced without charge, provided the source is acknowledged. All images remain the sole property of their source and may not be used for any purpose without written permission of the source. Disclaimer This report summarizes the findings of a RATA (RApid Tenure Claim Appraisal) study aimed to inventory the various claims to land tenure and use rights, in the context of historical developments and policy decisions at national, provincial and district level, interacting with local communities, NGO's and private sector stakeholders. Our report does not provide formal legal opinion (and cannot be constructed to be such) about the validity of any or all of the various claims. Such validation checks will require considerable further analysis of the respective priority of the various rules and regulations to which the claims refer, in the light of incomplete or inconsistent implementation by the government of its own rules. In 'legal pluralism' mode, the de facto power to impose or sabotage rules, modification and use of natural resources is ultimately a political process of contest where legality of one's own and illegality of others' claims is used to justify action. A comprehensive settlement and negotiation process may be the most pragmatic and fair solution. We hope our findings contribute to the mutual understanding between the various claimants. Efforts to reduce the carbondioxide emissions from this 'hot spot' will depend on success in resolving the 'hot spot' of contested rights (local, customary, and statutory) in an area where former policies and national program in an era of limited public political space had undermined the ecological integrity of this peat dome. Contents 1. Background and Objective.