Securing tenure rights in Maluku, Indonesia

• Participatory prospective analysis is an effective tool for strengthening the capacity of stakeholders including government agencies, NGOs, academia, private sector and community representatives in joint analysis and problem solving. It allows intense interaction among stakeholders, and helps to develop a common understanding of the current situation, to plan for the future and to begin to construct collective agreements around forest resource management.


Introduction
The past decade has shown that collaboration, dialog and consensus building among stakeholders is important to addressing complex public policy issues and generating broad support, which is tied to their long-term sustainability.In Indonesia, there is increasing recognition of the importance of a collaborative approach to public decision making.Thus collaborative processes in forestry are not new to Indonesia, however, they tend to be most visible at national level, with much less visibility at sub-national and community levels.Forest reforms of the 1990s and early 2000s did not take hold in Maluku due to a strong customary system.Although the Forestry Law of 1999 allowed for customary claims, the Ministry of Environment and Forestry has only recently elaborated how communities can claim their rights, through Decree No. 32/2015.The Constitutional Court Ruling of 2013, which required that state forests be reassigned to customary communities, strengthened the aspirations of some communities in Maluku.They now expect to have full land ownership.
a Center for International Forestry Research b University of Pattimura, Ambon However, the rights-claiming process is long and complicated (Dewi 2016). 1 This brief presents the process and outcome of a multi-stakeholder collaborative process that aimed to generate cross-sectoral understanding of factors affecting community tenure security in Maluku province in order to generate options for securing the tenure rights of local communities.PPA, a scenario-based approach (Bourgeois and Jesus 2004), was used to engage multiple stakeholders in identifying the driving forces influencing forest tenure security, building scenarios of future tenure security and generating action plans to increase the likelihood of acceptable scenarios.

Context
All forests in Indonesia are categorized as 'state and private land' where state land is under government jurisdiction.Within state land, the Ministry of Forestry has delineated zones for production, limited production, protection and conservation.Community rights to use and manage forests are enshrined in Forestry Law No.  41 (1999), which authorized various Social Forestry (SF) schemes, such as Community Forest (Hutan Kemasyarakatan, HKm), Village Forest (Hutan Desa, HD) and Community Plantation Forest (Hutan Tanaman Rakyat, HTR).These schemes grant communities rights to manage production forests (HKm and HTR), while managing production and protecting forests (HD schemes).The duration of management for all schemes is 35 years 2 .In Indonesia, a major challenge for reform implementation is initiating and sustaining collaboration among agencies and strengthening participation of local institutions (Wiratno 2016).Obtaining customary forest under national law is difficult for communities as conditions to qualify include proof of the existence and function of customary institutions, which are largely informal.Furthermore, based on their strong customary systems, some communities in Maluku are not interested in the partial rights accorded by SF schemes.Local government agencies, though supportive of customary rights, are not well equipped to facilitate the rights claiming process.In light of the multiplicity of rights originating from different systems and authorities (i.e.customary, forestry reforms, constitutional court ruling), compounded by increasing marketization of the local economy, there is confusion about whose authority persists and uncertainty about the tenure rights of local communities.We thus organized this series of multistakeholder workshops in an attempt to provide a platform for different actors to present their views, understand the perspectives of other actors and to jointly develop actions and plans i.e. a more coordinated approach that aims to secure the forest tenure rights of the indigenous people of Maluku.

Maluku
Maluku province covers an area of 712,480 km 2 , but only 7.6% of this is land, the rest is ocean.It consists of 1412 islands.Seram Island is the largest, covering 18,625 km 2 with a total population of about 625.387. 3est Seram was selected as study site4 to represent strong customary rights to forests and tree resources (Figure 1).The forest in Maluku, which covers 3,919,701 ha,5 has been divided up for several functions, notably conservation, protection and production functions.Timber harvesting and collection of non-timber forest products (NTFP) is permitted in production forest, while in protection forest only NTFPs can be collected.NTFPs can only be collected in conservation forests by local arrangement.

Participatory Prospective Analysis (PPA) Overview
Participatory prospective analysis (PPA) is a foresighting, scenarios-based approach that has been used to strengthen the capacity of stakeholders (Bourgeois  and Jesus 2004; Laumonier et al. 2008; Liswanti 2012;  Bourgeois et al. in press).It has been widely applied in different domains such as climate smart agriculture, agricultural value chains and land-use planning.PPA is designed to explore and anticipate change, and to facilitate interaction among multiple stakeholders with different, often conflicting, interests.In the context of the GCS-Tenure project, this approach has been used as a first step to engage key stakeholders in enabling local stakeholders in project implementation and ensuring that local voices are heard.

Methodology, required data and skills
The implementation of the PPA workshop involved a five-step processes (Bourgeois et al. in press).The first step is to define the system, including the core question to be addressed (e.g."What is the future of forest tenure security in Maluku?"), the geographic boundaries of the areas (e.g.West Seram District), the time horizon of the foresight work (e.g.20 years and suggested reviewing every 5 years District Midterm Plan) and relevant stakeholders, inhabiting the territory and doing work related to the territory.The second step is to detect and define forces of change by providing a clear definition of each force of change.The third step is to identify and select driving forces by analyzing and interpreting how the forces of change influence each other.The fourth step is to build scenarios using key forces of change.The last step is to elaborate an action plan based on the desired scenario.A facilitator ensures that the stakeholders understand the steps involved and guides consensus building.The process helps decision makers to understand the key drivers, challenges and future consequences of local tenure security and to explore policy options at local, regional and national levels (Bourgeois and Jesus 2004).

Results of PPA Process
The PPA was conducted through expert group meetings in three series of workshops, which started in 2015 (November) and ended in 2016 (January).The workshops involved 14-19 participants who were selected according to their expertise in forest management.They included relevant local government agencies, community representatives, academics, nongovernmental organization (NGO) representatives and the private sector.In August 2016, public consultations were conducted at district and province levels to distil the implications of the scenarios on future tenure security and identify actions for achieving the desired scenario. 6As a result, 53 driving forces which were controlled by the actors at regional level and 3 driving forces controlled at central level relating to forest tenure were identified.The analysis of relative influence of the forces identified their strength.The dominant driving forces were selected to build scenarios of forest tenure security.

Driving forces of forest tenure security
Figure 2 illustrates how the expert group selected eight driving forces of forest tenure security through an analytical process that was validated by group discussion.The influence graphs display how the driving forces are distributed in a four-quadrant space (drivers, leverage, outputs, and outliers) delimited by two axes.The drivers, located in the upper-left, have an influence above and a dependence below the average.The leverages are located in the upper-right quadrant, are influential and dependent, they both drive the system and are driven by the way the system evolves.The outputs, in the lower-right, have little influence and are determined by what happens to the other forces in the system.The outliers, in the lower-left, are for independent forces in the system and sometimes 6 Public consultation brought the PPA results to stakeholders in district and province to obtain their feedback, to enlist their help in developing the action plan and to ensure that these plan have broader ownership and support beyond the experts.It was attended by all relevant stakeholders, including 20 people in West Seram District and 16 people in Ambon province, from governments, communities, and local businessman, NGO, and University.correspond to issues believed to be determining forces (Bourgeois et al. in press).
The driving forces included regional governance, local government budgets, tourism potential, customary rights and institutions, strengthening the rights and voice of indigenous women, land conversion and spatial planning, local regulation, community knowledge and awareness, and community empowerment.According to the expert group, these driving forces are important for securing community rights into the future. 7For example, tenure security can be achieved if there is better regional governance (e.g.better coordination and consultation on regulations for forest tenure reforms).No clear action has been taken to implement forest reform following the change of law 23/2014 8 ).Local regulation is needed to support tenure reform.There is also a need to increase community empowerment (e.g.communities do not have sufficient knowledge 7 The expert group agreed that the time frame will follow the Long Term Development Plan of West Seram district that concludes in 2029 and suggested reviewing every 5 years (District Midterm Plan).8 Law no 23/2014 on Regional Governance regarding shifts the power from district to the provinces in relation to issuing permits for mining and logging.
of their rights 9 or the forest reform process).All of this should be supported by an adequate budget.These drivers show that tenure security was viewed in a multidimensional way.The process transcends the bundle of rights granted to include the actual institutions and processes necessary for the rights to be guaranteed.Tenure security comprises governance dimensions that are embodied in rights implementation and processes that are anticipated to generate value/income from the rights that are held.

The five scenarios of forest tenure security
A scenario is a description of how the future may unfold according to an explicit, coherent and internally consistent set of assumptions about key relationships and driving forces (Bourgeois et al. in press), which is created using a plausible combination of eight driving forces.For Maluku, these scenarios are intended to give an illustration of future forest tenure security for people dependent forest through the implementation of forest 9 At the begining of the PPA process, tenure insecurity was defined as the risk of losing rights or the certainty that communities will have rights into the future.Security of rights depends on how people perceive and experience rights, regardless of whether the rights are statutory or customary.The scenario titles are issued by stakeholders and capture their one-sentence summary of the essence of the scenario.
tenure reform, e.g.community forestry, community plantation forest, village forest, partnership and customary forest.Figure 2 shows the key driving forces that had the strongest influence on the system (see red circled area).For example, 'Regional Governance' in the quadrant labeled 'Drivers' has a high direct influence and low dependence on the other forces.
Participants selected eight driving forces with which they established five different and contrasting scenarios for Maluku as indicated in the box below.
These five scenarios highlight different themes around tenure rights of local communities and the implementation of future SF programs in Maluku.Scenarios 1, 2, 4 and 5 involve government taking the lead in assuring tenure security for local communities.In all scenarios, forests are controlled by the state.
The differences relate to the roles of customary rights, government and women.Scenarios 1 and 2 placed a premium on the recognition of customary rights and institutions.They also prioritize government allocation of adequate budgets for the implementation of tenure reforms.Scenario 1 was the only one that promoted women's rights, while only Scenario 3 envisioned a dominant private sector determining local rights.Scenario 5 envisioned a community that was not empowered, had no agency and was highly dependent on government direction.Scenario 2 is the most desirable for all stakeholders.This is an ambitious and idealistic scenario that aims to provide a win-win solution for tenure security and rights that takes into account the strong customary system.Scenarios 4 and 5 were rejected by all stakeholders and future action planning should avoid them.Taken together, these five scenarios, point to the key issues in the ability of tenure reforms to achieve tenure security for local communities in Maluku.Important constraints on reform implementation include budget allocation, coordination, changes of policy and regulation, lack of spatial planning data and lack of recognition of customary rights.These factors are vital to implementing forest tenure reform and could provide a threat to tenure security in future.

Action plan
Using driving forces from the desired scenario local government and the community developed an action plan to address tenure security issues at sub-national level that they anticipated would emerge in West Seram District in future.The process of developing the action plan involved distilling the implications of the scenarios for future tenure security and identifying actions for achieving the desired scenario during public consultations at district and province levels.The action plan represents stakeholder consensus on the actions and responsibilities/accountabilities needed at national and sub-national levels to ensure that the most desirable scenario, Scenario 2, is realized.The action plan signals an endorsement by multiple stakeholders who identified solutions to mitigate threats to local tenure security (Table 1).As indicated earlier, stakeholders adopt broader view of tenure security, which is reflected in the actions the actions they identified as needed to assure or guarantee the tenure rights of local communities.The action plan, for example, recognizes the importance of laws and regulations at subnational and national level, strengthening customary rights and institutions, strengthening women's rights and participation and ensuring that communities are knowledgeable of laws and regulations.It also recognizes budgets for implementation and the importance of cross-sectoral coordination in land use planning and allocation.In addition to this, the action plan also suggests that ways and means of generating value out of the exercise of rights (such as infrastructure development, distributing high valued tree seedlings and enterprise development) is part and parcel of the process of rights securitization as it provides a pathway to livelihoods improvements, which are an incentive for sustainable forest and land management.

Conclusions and recommendations
PPA allows for intense interaction among stakeholders, which rarely happens under normal circumstances.Through the PPA exercise, the expert group identified forces of change that could influence the tenure security of local communities.The actors have diverse perceptions of tenure security.For local communities, full ownership rights and the recognition of their customary institutions are key, while for local government, sustainable use of land and forest resources is a major concern.Non-governmental actors regard ambiguities in laws and practices across agencies to be a threat to tenure security, while the central government views customary practice as a major concern.In Maluku, where customary rights and authority are broadly accepted and legally authorized, SF schemes are not widely implemented.There is an opportunity to leapfrog the SF schemes and to implement community management with full rights for customary communities.Province Forestry Agency (PFA), Forest Gazettement Agency (FGA), Management Body of Production Forest (MBPF), Social Forestry and Partnership Environment Agency (SFPEA), Watershed Management Agency (WMA), Watershed Management Agency on Protection Forest (WMAPF), National Park Agency (NPA), Regional Planning Development Agency (RPDA), Agriculture Agency (AA), Forestry Agency (FA), Public Works Agency (PWA), Regional Parliament (RP), Village Government and Community Empowerment Board (VGCEB), Indigenous Women's Empowerment Agency (IWEA), Tourism Agency (TA), Indonesia Tourism Association (IToA), Indonesian Hotels and Restaurants Association (IHRA), Industry and Trade Agency (ITA), Cooperative Agency (CA), Micro Small and Medium Enterprises (MSME), Association of The Indonesian Tours Travel Agencies (ASITA), Mid Term Planning (MRP), Social Forestry (SF) The expert group members agreed that, if the community is given full and guaranteed ownership rights, this will reinforce sustainable use and management of forest resources.
Participants agreed to integrate the action plan, a major outcome of the PPA process, into upcoming or mid-term government program activities in Maluku.This will ensure that these actions are implemented.However, this will need to be further negotiated by the relevant actors.

Scenario 1: Empowered Indigenous women a
This scenario revolves around the empowerment and promotion of indigenous communities, focusing on women, by recognizing their customary tenure system and strengthening and supporting it to perform its tenure functions of resource allocation and guaranteeing rights in a fair, inclusive and effective way.Spatial planning policy on forest and natural resource management is implemented according to local context and to ensure that the diversity of the local context is integrated into regional policies  Legal security over land forest resources is provided to all communities in Maluku  Forest tenure reforms are implemented in a participatory and sustainable way, with budgetary support from local government

Scenario 2: The desirable forest tenure security
This scenario revolves around good land and resource governance issues, such as transparency, accountability, cooperation and coordination.However, like Scenario 1, it emphasizes the recognition of customary rights.It also acknowledges the importance of allocating funds for forest tenure reform implementation.Government has full control over the entire forest estate and supports establishment of local regulations on customary territories; only supports investment that accommodates local political interest, resulting in destruction of forests and loss of potential natural assets, as well as inoperative traditional institutions and community discrimination including indigenous women  Local regulations only accommodate the interests of bureaucrats, ignoring community as traditional land owners; customary rights and institutions have not being recognized by the State and do not feature in forest management; traditional communities lose legitimacy in decision making related to forest tenure reform issues  Local government lacks clear information on spatial planning and land allocation, hence, budget allocations are not effective and the empowerment program is not directed at self-sufficiency but creates dependency on the government  Good governance that: (i) has no corruption, collusion or nepotism; (ii) is participatory and bottom up; (iii) is flexible, effective and credibly commits to the rules and guarantees forest tenure rights  Recognition and respect for customary rights and institutions; local regulation on customary rights created as a guide in the forest tenure reform process  Customary institution as the authority on customary territory; open, flexible, clear and effective in using and managing forests and involving 'Kewang' (a person that is traditionally responsible for saving the forest)  Local government's support by allocating funds for forest tenure reform, including research, community empowerment programs, incentives to the community and promoting tourism  Good relationship among the government agencies Scenario 3: The storm that never ended This scenario involves the empowerment of the private sector to lead reform implementation for business purposes, although the forests are controlled by the state.Indigenous groups (including women) are not recognized and there is need to establish local regulations for the certain groups.Key features:  Forest reform is initiated by the private sector with involvement of NGOs, communities and government, as the government does not have sufficient budget to support the implementation of reform  State controls the customary forest and forest use and management for business interests ignoring traditional community  The private sector does not take into account to the forest tenure rights of the community and discrimination against indigenous women continues  Local regulations are made to legitimize forest management in favor of the private sector and not to benefit the community Scenario 4: Gloomy sunshine at noon This scenario revolves around a powerful government that does not prioritize reform implementation, does not allocate budgets for reform implementation, has no clear spatial planning and land allocation, ignores the customary community, has full, exclusive control over forests and is generally ineffective in implementing reforms.Key features:  Government is dominant, repressive, and authoritarian, causing a lack of support for tenure reforms among the relevant stakeholders; intersectoral relationships do not work and regulation of forest management reflects political interests; no budget allocation for tenure reform; landuse changes, spatial planning and the government tend to ignore community and serve the interests of the authorities and their cronies   High dependency of community on government for managing the forest, but local government lacks budget; clear spatial planning and land allocation to support implementation of forest tenure reform  Policy change that removes local institutions' opportunity to manage forests  Customary land is controlled by the State and used as a tool of power for political interests, not for community benefit  Government policy on community empowerment is not directed towards self-reliance but on government support; community becomes passive and apathetic in the face of complex policies and regulations Note: a