Hot spot of emission and confusion: land tenure insecurity, contested policies and competing claims in the central Kalimantan ex-mega rice project area

This report summarizes the findings of a RATA (RApid Tenure Claim Appraisal) study aimed to inventory the various claims to land tenure and use ri ghts, in the context of historical developments and policy decisions at national, provincial and dist rict level, interacting with local communities, NGO’s and private sector stakeholders. Our repor t does not provide formal legal opinion (and cannot be constructed to be such) about the valid ity of any or all of the various claims. Such validation checks will require considerable further an alysis 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 u se 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 negotiati on 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 em issions from this ‘hot spot’ will depend on success in resolving the ‘hot spot’ of contested ri ghts (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.

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