in Indonesia, Norway

Indonesia’s REDD+ Agency “will not be able to take any actions” says Ministry of Forestry Secretary General

Tweet about this on TwitterShare on Google+Share on FacebookShare on LinkedInShare on StumbleUpon

On 2 September 2013, Indonesia established its REDD+ Agency. As with just about everything else to with REDD in Indonesia (with the exception of the dozens of REDD workshops that have taken place in Jakarta’s luxury hotels), the process of setting up the REDD+ Agency was delayed.

The REDD+ Agency takes over from the REDD+ Task Force that was set up as part of the US$1 billion REDD deal agreed in May 2010 between Norway and Indonesia. In 2012, REDD-Monitor asked Kuntoro Mangkusobroto, head of the REDD+ Task Force, whether the REDD+ Agency would be established before the end of the year. Here’s his reply:

“I would hope by the end of the year, the task force can finish its job and then it immediately continues, seamlessly continued by the REDD agency. The agency design is now at the final stage, we’re going to report to the President hopefully end of the month or at least next month.”

The REDD+ Task Force wasn’t responsible for the delay, having presented its report on the REDD+ Agency to the President on 13 July 2012. It took President Susilo Bambang Yudhoyono more than one year to sign off on the creation of the REDD+ Agency, with much behind the scenes squabbling between the various ministries with a stake in Indonesia’s forests. Hadi Daryanto, the Forestry Ministry’s general secretary, told the Jakarta Post that the Ministry of Forestry waited until all the other ministries had signed off on the agreement, before signing itself.

In a statement, Agus Purnomo, Special Assistant to the President on climate change, explains that,

“The process of establishing the new agency has been long and complex. It is hoped that it will improve the prosperity of local communities and customary societies, whose livelihoods depend on forests.”

But according to Daryanto, the REDD+ Agency’s powers are going to be limited:

“However, the REDD+ council will not be able to take any actions. The council only has the power to report on emissions reduction projects and any program irregularities to the related ministries. It is then up to the appropriate ministry take action…. It’s merely an independent committee that links institutions so that REDD+ implementation can be integrated and free from overlap among ministries and institutions.”

If Daryanto is correct and the REDD+ Agency cannot take any actions, what is the point of it?

Indonesian NGOs are critical of the presidential decree that sets up the REDD+ Agency. In a statement, the Civil Society Coalition to Save Indonesian Forests and Global Climate states,

“The regulation did not create any breakthrough for forest governance improvement, protection and fulfillment of human rights, and forest and peatland restoration.”

The NGO statement is posted in full below, followed by an English translation of the Presidential Decree setting up the REDD+ Agency (taken from CIFOR’s website). The original bahasa Indonesia version is available here (pdf file, 104 kB).

“REDD+ Agency: Step Forward or Panic Move?”

 
Civil Society Coalition to Save Indonesian Forests and Global Climate
 
Jakarta (9/9) — After what seemed to be forever, on September 2, 2013 the President finally established a REDD+ Agency by Presidential Regulation No. 62/2013 on Managing Body for Reducing GHG Emissions from Deforestation and Forest and Peatland Degradation. The political process involved in establishing this Agency took more than 2 years, even longer than the establishment of some Laws. Despite the amount of time consumed, it is regrettable that the Regulation did not create any breakthrough for forest governance improvement, protection and fulfillment of human rights, and forest and peatland restoration. The Coalition raises big questions worth examining both regarding the establishment process and the substance of the Regulation.
 
First, the establishment of REDD+ Agency seems nothing more than a panic move of the SBY regime. It was not preceded by adequate evaluation of numerous other non-structural agencies, which number has reached more than 80. Studies show that most of the agencies are not effective in work but do very well in spending the people’s money. Since the beginning, the Coalition has reminded government that transitional institutions will not be able to change the corrupt system unless coupled with a fundamental change in the status quo institutions that have been trying hard to ward off reform. In this case, the REDD+ Agency, whose hands have been tied from the start, is in all probabilities left with only minor and insignificant roles when faced with established forces such as the Ministry of Forestry, Mining, and Agriculture that are supposed to be the main target institutions in emissions reduction efforts.
 
Second, the REDD+ Agency repeated the pattern of compromise trap of other prior agencies that end up having only coordinative and communicative authority. Facts suggest that such authority ends up being a dead hand. Bearing the complex forestry problems in mind, including big political challenges involved, the REDD+ Agency should have been given a room and power to evaluate the performance of exploitative sectors, including the Forestry, Mining, and Agriculture/Plantation sectors. The Coalition is in view that the REDD+ Agency establishment has been trapped in a ridiculous intersectoral compromise. This Agency has missed an opportunity to review and halt a guided deforestation led by those extractive sectors and are not powerful enough to give the right policy diagnosis.
 
Third, the Regulation was issued in the face of 2014 Election, a period when political transaction is high and political moneys are demanded by political parties. This Agency’s authority in managing REDD+ fund must be protected from political corruption. The Coalition appreciates the mention of fiduciary safeguards in the Regulation to prevent misuse and abuse of REDD+ moneys. However, the not yet clear provisions regarding such safeguards can still open rooms for misuse and abuse of REDD+ moneys to serve certain political interests.
 
Fourth, the Coalition calls for REDD+ Agency not to be trapped in project approach because the complexity of forestry problems in Indonesia will never be solved with projects, no matter how big the money involved. This is because the fundamental problem is not money but rather political will.
 
Fifth, the Coalition highlights that the Regulation still contains definition traps, one of which is one that defines deforestation only as “permanent change from forested to non-forested area,” which excludes forest opening for Industrial Timber Plantation or even palm oil. In the context of license overlaps, spatial planning confusion, and corruption, such definition is highly weak to save forests.
 
Lastly, the Coalition appreciates the intention of the government in this Regulation to attract independent and unconditional fund as a form of sovereignty in fund management. This article should be used as a shield from any intervention in the form of debt, conditional technical assistance and grants. The Coalition stresses that this Regulation must equipped with an annex to list sources that the government is not allow to accept to finance REDD+.
 
Based on the above mentioned arguments, the Coalition urges the government to:

  1. Clarify short, medium, and long-term measures that the Agency will undertake after conducting a comprehensive evaluation of the prior institution’s work.
  2. Clarify concrete measures to solve the remaining forestry problems as mentioned in the REDD+ National Strategy, including license review, law enforcement targeted mainly to the main deforestation drivers, securing tenurial rights and territories of indigenous peoples and local communities, and forestry conflict resolution based on human rights, as well as making sure the compliance of other Ministries/Institutions to policy directives contained in the REDD+ National Strategy.
  3. Refrain from claiming REDD+ Agency as a step beyond business as usual unless followed by fundamental reform in the governance of related institutions including the Ministry of Forestry, Mining, and Agriculture.
  4. Continue to push forward efforts to improve forest and natural resources governance based on guidelines set in TAP MPR No. IX Year 2001
  5. [Regarding funding mechanism] remain steadfast in holding up the sovereignty and refuse conditional funds including debts, conditional grants and technical assistance, and the CSR of companies that have a record of deforestation as a source of forest restoration because they are unreliable to ensure emission reduction and will not result in additional forest protection and climate justice.

 
***
 
Further Contacts:
 
Teguh Surya, Forest Political Campainger Greenpeace SEA –Indonesia (081915191979)

Deddy Ratih, Bioregion and Climate Campaigner WALHI (081250807757)

Anggalia Putri, Coordinator of Forest, Climate, and Community Rights Program HuMa (08562118997)

Mida Saragih, Coordinator of Civil Society Forum for Climate Justice CSF-CJI (081322306673)

Henky Satrio, REDD+Program Manager of Aliansi Masyarakat Adat Nusantara (0858832317722)

Christian Purba, Director of Forest Watch Indonesia (08121105172)

 

PRESIDENT OF THE REPUBLIC OF INDONESIA
 
DECREE NUMBER 62 YEAR 2013
 
REGARDING
 
MANAGING AGENCY FOR THE REDUCTION OF EMISSION FROM DEFORESTATION AND DEGRADATION OF FOREST AND PEATLANDS
WITH THE BLESSING OF THE ONE SUPREME GOD
 
THE PRESIDENT OF THE REPUBLIC OF INDONESIA

 
Considering:
 
a. That to reduce global warming that impacts environmental damage, various efforts are needed to reduce the emission of greenhouse gases from deforestation and degradation of forest and peatlands;
b. That the Government of Indonesia made a commitment to reduce emission of greenhouse gases of 26 percent using their own effort and 41 percent with international assistance by the year 2020 from a condition without any action plan (business as usual);
c. That to ensure efforts to reduce emission of greenhouse gases from deforestation and degradation of forest and peatlands to be effective, efficient, just and sustainable there is a need for an agency to manage the reduction of emission of greenhouse gases from deforestation and degradation of forest and peatlands;
d. That in relation to the consideration on letter a, letter b and letter c above, there is a need for a Presidential Decree on a Managing Agency for the Reduction of Emission from Deforestation and Degradation of Forest and Peatlands;
 
Bearing in Mind:
 
1. Article 4 point (1) of the 1945 Constitution of the Republic of Indonesia;
 
2. Law Number 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia 1999 no 167, State Gazette Supplement of the Republic of Indonesia No 3888) amended by Law Number 19 of 2004 on the Enactment of Government Regulation in Lieu of Law Number 1 of 2004 on the Amendment of Law Number 41 of 1999 on Forestry (State Gazette of the Republic of Indonesia Number 86 of 2004, State Gazette Suplement Number 4412);
 
3. Law Number 17 of 2004 on The Ratification of Kyoto Protocol to The United Nations Framework Convention On Climate Change (State Gazette of Republic of Indonesia Number 72 Year 2004, State Gazette Supplement Number 4403);
 
4. Law Number 32 of 2009 on Environmental Protection and Management (State Gazette of Republic of Indonesia Number 140 Year 2009, State Gazette Supplement Number 5059);
 
5. Presidential Decree Number 46 of 2008 on the National Council on Climate Change;
 
6. Presidential Decree Number 61 of 2011 on the National Action Plan to Reduce Emissions of Greenhouse Gases;
 
7. Presidential Decree Number 71 of 2011 on the National Greenhouse Gases Inventory System;
 
HAS DECIDED:
 
To Enact: PRESIDENTIAL DECREE REGARDING THE MANAGING AGENCY FOR THE REDUCTION OF EMISSION FROM DEFORESTATION AND DEGRADATION OF FOREST AND PEATLANDS.
 
CHAPTER I
 
GENERAL PROVISIONS
 
Article 1
 
In this Presidential Decree what is referred to as:
 
1. Reducing emissions from deforestation and forest degradation in which from herewith shall be referred to as REDD+ refers to all efforts to reduce emission of greenhouse gases from deforestation and degradation of forest and peatlands carried out on forested land and peatlands in Forest Area and non-Forest Area and carbon maintenance and improvement with the added benefit of the increase of biodiversity, the improvement of local/indigenous people’s welfare and the increase of sustainability of other production of ecosystem services.
 
2. Safeguard framework is a collection of criteria and indicators to ensure the implementation of REDD+ does not deviate from its original objective related to program management and financial accountability, impact to the social relation and position of vulnerable communities, and impacts to the environment.
 
3. REDD+ Program are efforts implemented through a series of projects and/or activities to achieve REDD+ objective in Indonesia.
 
4. REDD+ Project is one or more activities managed by a certain administrative unit to achieve REDD+ objective in Indonesia.
 
5. REDD+ Activity is an activity managed by a certain legal subject to achieve REDD+ objective in Indonesia.
 
6. Emission of Greenhouse Gases from herewith will be referred to as GHG Emissions is the release of greenhouse gases to the atmosphere in a certain area for a certain period of time.
 
7. GHG are gases in the atmosphere be it natural or anthropogenic, that absorbs and radiate back infrared radiation.
 
8. Deforestation is permanent change from forested area to non-forested area.
 
9. Forest degradation is the decrease in quantity of forest cover and carbon stock in a certain period of time.
 
10. Forest Area is a certain area designated by the government to be maintained as permanent forest.
 
11. National Strategy to Reduce Emissions from Deforestation and Degradation of Forest and Peatlands from herewith will be referred to as REDD+ National Strategy is the document containing main strategy guidelines and planning direction as stipulated by the Government that will be used as reference by all parties concerned in the preparation and implementation of REDD+ activities.
 
12. Government is the President of the Republic of Indonesia that governs the Republic of Indonesia as stated in the 1945 Constitution of the Republic of Indonesia.
 
13. Funding Instrument is a fund management instrument formed by the Head of REDD+ Managing Agency to guarantee fund management that is transparent, accountable and effective based on REDD+ funding guidelines and safeguards in accordance to prevailing law.
 
Article 2
 
The act to reduce emission of greenhouse gases from deforestation and degradation of forest and peatlands has objectives to:
a. reduce emissions from deforestation;
b. reduce emissions from forest degradation and/or peatlands degradation;
c. maintain and increase carbon stock through forest conservation, sustainable forest management, and/or rehabilitation and restoration of damaged forest area; and
d. provide benefit to the increase of environmental services, biodiversity, and local/indigenous community welfare.
 
CHAPTER II
 
AGENCY
 
Part One
 
REDD+ Managing Agency
 
Paragraph 1
 
Formation and Positions
 
Article 3
 
(1) To implement objectives as referred to in Article 2, by way of this Presidential Decree will be formed a Managing Agency for the Reduction of Emission from Deforestation and Degradation of Forest and Peatlands that herewith will be referred to as the REDD+ Managing Agency.
 
(2) REDD+ Managing Agency will be situated in the Capital of the Republic of Indonesia.
 
(3) REDD+ Managing Agency will be lead by a Head that is directly responsible to the President of the Republic of Indonesia.
 
Paragraph 2
 
Tasks and Functions
 
Article 4
 
REDD+ Managing Agency is tasked to help the President in coordinating, synchronising, planning, facilitating, managing, monitoring, overseeing and controlling REDD+ in Indonesia.
 
Article 5
 
In implementing tasks as referred to in Article 4, REDD+ Managing Agency will carry out the following functions:
a. Forming and developing REDD+ national strategy to implement REDD+ in Indonesia;
b. Forming and developing REDD+ safeguard framework in social, environmental and funding matters;
c. Coordinating the formation and development of REDD+ policies and REDD+ mainstreaming in national development;
d. Preparing and coordinating instruments and mechanisms of REDD+ funding and distribute benefit to parties that are implementing REDD+ programs, projects and/or activities in accordance to prevailing regulations;
e. Managing aid in the form of funds or other legal forms related to REDD+ in accordance to prevailing regulations;
f. Developing standard and methodology to measure GHG emissions and sequestration from REDD+ programs, projects or activities and consolidation and reporting of data on GHG emissions and sequestration from REDD+ programs, projects or activities;
g. Increasing capability and capacity in ministries/agencies, implementing partners and community and quality of implementing instruments in the implementation of REDD+;
h. Preparing recommendation in determining Indonesia’s position in international fora;
i. Coordinating law enforcement related to the implementation of REDD+ programs, projects and/or activities;
j. Coordinating and facillitating dispute and conflict resolution related to the implementation of REDD+ programs, projects and/or activities in accordance to prevailing regulations;
k. Monitoring and evaluating implementation of REDD+ programs, projects and/or activities;
l. Carrying out administration of the REDD+ Managing Agency;
m. Carrying out other tasks assigned by the President.
 
Paragraph 3
 
Organisational Structure
 
Article 6
 
(1) REDD+ Managing Agency consists of:
a. Head;
b. 4 (four) Deputies; and
c. Professional Staffs.
 
(2) Deputies is directly under and directly responsible to the Head of the REDD+ Managing Agency.
 
(3) Professional Staffs as referred to point (1) letter c, consist of Expert Assistants, Assistants, Junior Assistants and Skilled Staffs, all totalling not more than 60 (sixty) people.
 
(4) In carrying out their tasks, function, and authority, the Head of the REDD+ Managing Agency can form special teams or task force to address particular issues.
 
Article 7
 
Details of tasks and function of Deputies and Professional Staffs referred to in Article 6, will be determined later by the Head of REDD+ Managing Agency bearing in mind tasks and function of the REDD+ Managing Agency stipulated in this Presidential Decree.
 
Paragraph 4
 
Secretariat
 
Article 8
 
(1) In providing technical and administrative support to the REDD+ Managing Agency, a REDD+ Managing Agency Secretariat will be formed.
 
(2) The REDD+ Managing Agency Secretariat as referred to in point (1) is lead by a REDD+ Managing Agency Head Secretary and will be under and directly reponsible to the Head of the REDD+ Managing Agency and administratively coordinated by the Minister-State Secretary.
 
(3) REDD+ Managing Agency Secretariat is tasked with providing administrative and technical support in implementing tasks and function of the REDD+ Managing Agency.
 
(4) In implementing their tasks as referred to in point (3), the REDD+ Managing Agency Secretariat will perform the following functions:
 
(5) REDD+ Managing Agency Secretariat will at most consists of 3 (three) Sections.
 
(6) Each Parts as referred to in point (5) will at most consists of 2 (two) Sub-Sections.
a. Draft plan for agency program development and budget;
b. Manage finances for the operation of the REDD+ Managing Agency;
c. Manage staffing, general matters and house-keeping;
d. Administration.
 
Article 9
 
(1) REDD+ Managing Agency Head Secretary is a structural position of echelon IIa.
 
(2) Head of Section is a structural position of echelon IIIa.
 
(3) Head of Sub-Section is a structural position of echelon IVa.
 
Article 10
 
Echelon II, echelon III, and echelon IV staffs at the REDD+ Managing Agency Secretariat are appointed and dismissed by the Minister-State Secretary with recommendation of the REDD+ Managing Agency Head.
 
Paragraph 5
 
Appointment and Dismissal
 
Article 11
 
(1) Head of the REDD+ Managing Agency is appointed and dismissed by the President.
 
(2) Deputies are appointed and dismissed by the President with recommendation of the Head of the REDD+ Managing Agency.
 
(3) Professional Staffs, Special Teams and Task Force within the REDD+ Managing Agency are appointed and dismissed by the Head of the REDD+ Managing Agency.
 
Article 12
 
Deputies and professional staffs within the REDD+ Managing Agency can be civil servants or non-civil servants.
 
Article 13
 
(1) Civil servants appointed as staffs of the REDD+ Managing Agency will be resigned from their organic workstations during their term within the REDD+ Agency without losing their status as civil servant.
 
(2) Civil servants appointed as staffs of the REDD+ Managing Agency will be granted promotion in accordance to prevailing regulations.
 
(3) Civil servants as referred to in point (1) bear the status employed.
 
Article 14
 
(1) Civil servants that resigned or ended their service as staffs of the REDD+ Managing Agency will be activated again to their previous workstations, when they have not reach their retirement age.
 
(2) Civil servants that resgined or have reached their retirement age will be dismissed with honour as Civil servants and will be given their rights for their service in accordance to prevailing regulations.
 
Article 15
 
Non-civil servant staffs of the REDD+ Managing Agency, after resgining or ended their service period will not be granted pension and/or severance pay.
 
Paragraph 6
 
Financial Rights and Facilities
 
Article 16
 
Head of the REDD+ Managing Agency will be provided with financial, administrative rights and other facilities at par with Ministers.
 
Article 17
 
(1) Deputies will be granted position, financial rights and other facilities at par with structural echelon Ia official.
 
(2) Professional Staffs, that are appointed as Expert Assistants, will be granted position, financial rights and other facilities at par with structural echelon Ib official.
 
(3) Professional Staffs, that are appointed as Assistants, will be granted position, financial rights and other facilities at par with structural echelon IIa official.
 
(4) Professional Staffs, that are appointed as Junior Assistants, will be granted position, financial rights and other facilities at par with structural echelon IIIa official.
 
(5) Professional Staffs, that are appointed as Skilled Staffs, will be granted position, financial rights and other facilities at par with structural echelon IVa official.
 
Paragraph 7
 
Work Procedure
 
Article 18
 
Provisions related to work procedure, relations and working coordination mechanisms of the REDD+ Managing Agency with Ministries/Agencies, Provincial Heads and Head of Regencies/Municipalities and other stakeholders are determined by the Head of the REDD+ Managing Agency.
 
Article 19
 
Head of the REDD+ Managing Agency will report at least once every 6 (six) months to the President of the Republic of Indonesia or any time required.
 
Part Two
 
Stakeholder Committee
 
Article 20
 
In order to institutionalise the involvement of stakeholders, a Stakeholder Committee will be formed and will be under and directly responsible to the REDD+ Managing Agency.
 
Article 21
 
The Stakeholder Committee is tasked with providing advice and suggestions to the Head of the REDD+ Managing Agency regarding implementation of REDD+ Programs, Projects and/or Activities based on requests or the Committee’s initiative.
 
Article 22
 
(1) Stakeholder Committee as referred to in point (1) consists of figures each of which has background and/or expertise in fields including but not limited to:
 
(2) Members of the Stakeholder Committee are appointed by the Head of the REDD+ Managing Agency for 2 (two) years of service period and can be extended for 1 (one) period.
 
(3) Members of the Stakeholder Committee are not staff of the REDD+ Managing Agency.
a. Natural environment;
b. Community empowerment including indigenous communities;
c. Women empowerment;
d. Business role in development;
e. Good and clean governance; and
f. Science and technology.
 
Part Three
 
REDD+ Agency Instruments
 
Article 23
 
(1) To guarantee transparent and accountable fund management, the Head of the REDD+Managing Agency will form a REDD+ funding instrument based on prevailing regulations;
 
(2) REDD+ funding instrument as referred to in point (1) will adopt REDD+ funding guidelines and safeguard framework;
(3) Further provisions on REDD+ funding instrument as referred to in point (1) will be stipulated by law.
Article 24
 
(1) Measurement of emission reduction and sequestration [of greenhouse gases] from REDD+ programs, projects or activities will be carried out by each REDD+ program, project or activity managers under coordination of the REDD+ Managing Agency;
 
(2) Measurement as referred to in point (1) will be conducted based on standards and methodologies of GHG emission and sequestration from REDD+ programs, projects and activities as determined by the REDD+ Managing Agency;
 
(3) Reporting of GHG emission and sequestration from REDD+ programs, projects and activities will be made by the REDD+ Managing Agency to the minister that governs environmental protection and management for verification;
 
(4) Verification process of GHG emission and squestration from REDD+ programs, projects and activities will be conducted by the minister that governs environmental protection and management.
 
CHAPTER III
 
FUNDING
 
Article 25
 
All funding needed for the implementation of tasks and function of the REDD+ Managing Agency will be sourced from the National State Budget, Regional State Budget, and other legal and unbinding sources, in which dispensing will be carried out in accordance to prevailing law.
 
CHAPTER IV
 
OTHER PROVISIONS
 
Article 26
 
Head of the REDD+ Managing Agency will be responsible to equip the REDD+ Managing Agency organisation by conducting recruitments, empowerment and training of Professional Staffs and other staffs as needed.
 
CHAPTER V
 
TRANSITION PROVISIONS
 
Article 27
 
(1) Tasks, function and programs carried out by the Task Force for the Preparation of the REDD+ Agency formed under the Presidential Decree Number 25 of 2011 on Task Force for Preparing the Establishment of REDD+ Agency as amended by Presidential Decree Number 5 of 2013 will be continued by the REDD+ Managing Agency.
 
(2) Before the complete formation of the organisational structure of the REDD+ Managing Agency, tasks and function as referred to in point (1) will be carried out by President’s Delivery Unit for Development Monitoring and Oversight .
 
CHAPTER VI
 
CLOSING PROVISIONS
 
Article 28
 
This Presidential Decree comes to effect on the date issued.
 
To be known by everyone, orders the issuance of this Presidential Decree to be placed in State Gazette of the Republic of Indonesia.
 
Issued in Jakarta
on the date 31 August 2013
 
PRESIDENT OF THE REPUBLIC OF INDONESIA,
DR. H. SUSILO BAMBANG YUDHOYONO
Stipulated in Jakarta
on the date 2 September 2013
 
MINISTER OF JUSTICE AND HUMAN RIGHTS
of the REPUBLIC OF INDONESIA,
 
AMIR SYAMSUDIN
STATE GAZETTE REPUBLIC OF INDONESIA 2013 NUMBER 149
 
CABINET SECRETARIAT RI
Deputy People’s Welfare,
 
Siswanto Roesyidi

 

Tweet about this on TwitterShare on Google+Share on FacebookShare on LinkedInShare on StumbleUpon

Leave a Reply