OPERATIONAL GUIDELINES
JSDF (JAPAN SOCIAL DEVELOPMENT FUND) GRANT
Improvement of Governance for the Continuity of Livelihood of Indigenous people in the area surrounding the Forest
12 JUNE 2012
TABLE OF CONTENT
LIST OF ACRONYMS
FOREWORD
Aliansi Masyarakat Adat Nusantara (AMAN)
Who is the Indigenous People
Definition
Legal Framework pertaining to indigenous people
Objectives of the Guideline
Overview of JSDF Project
Organizational Structure of the Project
MECHANISM OF ACTIVITY AND DECISION MAKING PROCESS
BUDGETING AND REPORTING SYSTEM
PROCUREMENT
MONITORING AND EVALUATION
COMPLAINTS HANDLING MECHANISM
LIST OF ATTACHMENTS
1. Participatory Mapping Guideline
2. Procedures of Registration of an Ancestral Domain
3. GIS and Database Guideline
4. Guideline on Application of Social and Environmental Safeguard
5. Working Mechanism with Management of AMAN for Regions and Domains
6. Format of Financial Statements to the World Bank
7. Format of Mid Semester Narrative Report
8. Format of Activity Narrative Report (training, workshop, etc.)
LIST OF ACRONYMS
AMAN : Aliansi Masyarakat Adat Nusantara
BRWA: Badan Registrasi Wilayah Adat (Ancestral Domain Registration Agency)
JSDF: Japan Social Development Fund
PB AMAN: Pengurus Besar of Aliansi Masyarakat Adat Nusantara / Senior Management of Nusantara Indigenous people
PW : Pengurus Wilayah / Domain Management
PD: Pengurus Daerah / Regional Management
JKPP: Jaringan Kerja Pemetaan Partisipatif / Participatory Mapping Working Network
FWI: Forest Watch Indonesia
PIU/UPP: Project Implementation Unit/Unit Pelaksana Proyek
FOREWORD
Aliansi Masyarakat Adat Nusantara (AMAN)
AMAN is a public organization in a form of an Alliance, members of which constitute an association of Ancestral Communities. AMAN was established on 17 March 1999 in Jakarta for an indefinite term. Senior Management of AMAN is in the Capital of Republic of Indonesia. Sovereignty of AMAN is in the hands of the members and is fully executed through a Kongres Masyarakat Adat Nusantara / Nusantara Indigenous people Congress, or referred to as KMAN.
AMAN is independent and non-profit in nature, its function is as an umbrella organization for Ancestral Communities sharing the same trials and tribulations as victims of oppression, exploitation and whose ancestral rights had been taken by force and who intend to realize an indigenous people that is politically independent, economically independent and culturally dignified.
To defend and empower the rights of Indigenous people. To accommodate, combine, channel and fight for the aspirations and interests of Indigenous people as well as increasing political and legal awareness and to prepare cadres of activators of Indigenous people in all aspects of life as a community, nation and country.
Who is the Indigenous people?
Definition
Indigenous people is “a group of people living based on origins of their ancestors for generations in an ancestral area, which has sovereignty upon land and natural resources, a culture social life regulated by customary law and customary institution to manage the continuity of the life of its community” (Kongres Masyarakat Adat Nusantara, 1999).
An indigenous people is a community who has lived for generations in a certain area and who has historical, spiritual and cultural attachment with its ancestor’s land/area, which is regulated and managed based on local distinct customary system that is different from the generally applicable social, political and legal systems.
With such characteristics and the difference from other social groups, therefore each Indigenous people identifies itself based on some or all of the following criteria:
1. A presence of a group of people who are still attached to certain spirituality, values, attitude and behavior and which differentiate them as a social group from other social groups.
2. A presence of a certain living area, within which there is land, forest, sea and other Natural Resources, which are treated not only as production goods (economy) to meet the need in daily lives (source of livelihood), but as a whole part of a religion and social-culture system of the social group.
3. A presence of an activity based on mutual knowledge system which is continuously enriched / developed in accordance with their need to sustain their lives.
4. A presence of regulations and communal living management order (customary law and customary institution) that develops in accordance with the applicable mutual value system.
Legal Framework pertaining to Indigenous people
Constitution 1945 Third Amendment Version article 18b paragraph 2:
The State recognizes and respects the ancestral legal community units along with their traditional rights as long as they are alive and in accordance with the development of community and principles of Republic of Indonesia, which is set forth in the laws.
Agrarian Principal Law No.5 of 1960, article 2:
(1)Based on the provisions in article 33 paragraph (3) of the Constitution and matters as stated in article 1, earth, water and the airspace, including the natural resources contained therein, at the highest instance, are controlled by the State, as the Authoritative Organization of the People.
(2) The State’s right to control stated in paragraph (1) of this article grants the authority:
a. to regulate and implement the appropriation, utilization, supply and cultivation of the earth, water and airspace;
b. to determine and regulate the legal relations between persons and earth, water and airspace,
c. to determine and regulate legal relations between persons and legal acts concerning the earth, water and air space.
(3)The implementation of the aforementioned State’s right to control may be assigned to autonomy territories and ancestral law communities, if necessary and not in violation of the national interest, according to the provisions in the Government Regulation.
And article 22 paragraph 1:
The origin of entitlement according to the ancestral law is regulated by Government Regulation.
Human Rights Law No 33 of 1999, article 5 paragraph 3:
Any person included in the vulnerable community group is entitled to receive better treatment and protection in relation to his special condition.
Decision of MPR No.9 of 2001 pertaining to Renewal of Agricultural and Management of Natural Resources, article 4 point j:
Renewal or agriculture and management of natural resources shall be implemented in accordance with the following principles:
j. To recognize, respect and protect the rights of ancestral legal communities and the diversity in national culture on agriculture / natural resources;
§ Law No. 27 of 2009 pertaining to Management of Coastal and Small Islands Area: In Article 61 (paragraph 1) “The Government recognizes, respects and protects the rights of Ancestral Communities, traditional communities and Local Wisdom on Coastal and Small Islands Area that have been used for generations” and (paragraph 2) “Recognition of rights of Ancestral Communities, Traditional Communities and Local Wisdom as stated in paragraph (1) shall be established as reference in the sustainable Management of Coastal and Small Islands Area”.
§ Law No. 32 of 2009 pertaining to Protection and Management of Environment: In Article 63 (paragraph 1 point t) “To determine policy on procedures of recognition of existence of ancestral legal communities, local wisdom and rights of ancestral legal communities related to the protection and management of environment” and Article 70 (paragraph 3 point e) “To develop and maintain the culture and local wisdom in the event of preservation of functions of environment”.
Indonesia signed the United Nations (UN) Declaration on Rights of Indigenous people in 2007 and ratified international instrument pertaining to Human Rights, such as: ICCPR, ICESCR, ICERD, CEDAW and ICRC
Objectives of Guidelines
This Operational Guidelines constitute technical and operational guidelines for Senior Management (PB) of AMAN in managing, implementing programs, and regulating granting of sub-grant in the Japan Social Development Fund (JSDF) project.
Project Overview: Japan Social Development Fund (JSDF)
The objective of the grant is to improve the livelihood of 250 ancestral communities located in 10 primary forest provinces and to increase the capacity of indigenous people to participate in and profit from the development of policy on forestry at national or international level.
The aforementioned objective is achieved through building of the capabilities of the indigenous people in organization, technical and entrepreneurship. This objective shall be achieved through the implementation of the following 4 components: (i) promotion and planning of participatory land use, (ii) improvement of the organizational capacity of the indigenous people, (iii) development of capacity of efforts to increase income based on culture and non wood forest resources, (iv) project management promotion, monitoring and evaluation and dissemination of knowledge. In each joint activity in the four aforementioned components, where there are banners, project notification boards, etc, JSDF logo shall be affixed.
Promotion of land use planning, including training on how to use GIS and participatory mapping effectively and building of Badan Registrasi Wilayah Adat (BRWA).
BRWA is an institution established pursuant to letter of decision of Pengurus Besar Aliansi Masyarakat Adat Nusantara (PB AMAN). In this initial phase, AMAN in cooperation with Jaringan Kerja Pemetaan Partisipatif (JKPP) and Forest Watch Indonesia (FWI) established BRWA, with principal duties and functions: (1) Accept registration of ancestral domains; (2) Conduct verification of ancestral domain data; (3) Conduct validation of methodology of ancestral domain mapping; (4) Publicize (announce) map of the domain and profile of the indigenous people; (5) Provide information for the indigenous people recognition and protection; Provide information for planning and layout of ancestral domain
Organizational Structure of the Project
SecGen of AMAN:
· To represent AMAN in binding cooperation contracts with donor institutions
· To become the primary responsible party in project implementation
· To recruit and legalize project implementation organization, equipped with its working mandate through a Letter of Decision (SK)
· To ensure that the project actually contributes to the achievement of missions of AMAN
· To submit Project Accountability Report to the Donors
Directional Committee:
Consisting of representatives of Board of AMAN and SecGen of AMAN, which meet at least once a year:
· To conduct review and accept work plans drawn up by Project Leader
· To conduct review on Project development
· To make recommendations towards Project implementation
Project Leader:
· To direct the implementation of project to be in accordance with the objectives and cooperation contracts with donor institutions.
· To distribute tasks and responsibilities to all project executants leaders and coordinators in accordance with their respective roles.
· To coordinate project implementation by all members of Project Executant in accordance with work plan and distribution of respective roles
· To draw up report on project implementation periodically in accordance with necessities and contracts with donor institutions.
· Together with executants coordinator, to draw up project reports for, among others, donor institutions, in accordance with contracts.
· To communicate progress and results of projects to various parties in need.
Project Manager: is responsible to assist all administration aspects of the project, including ensuring that all financial, procurement, project development, external audit reports, etc, are in accordance with expected standards and are punctual
Financial Consultant (two persons) is responsible:
· To guarantee that the finance procedures are in accordance with regulations as agreed based on provisions on grant and sub-grant.
· To assist Project Leader in management of financial of JSDF grant program
· To draw up routine reports (monthly, quarterly, semester, and annually) on finances of activities.
· To assist in the compilation of proposal for annual budget for activities, including necessary revision on budget.
· To draw up report on use of finance and verification of financial and procurement accountability
· To submit request on replenishment of funds in account, with due observance of consolidation report.
· To provide documents needed in the audit process
· To settle financial accountability, for the process of management, procurement, audit and reporting to donors.
· To verify the authenticity, validity and completeness of documents supplementing the AMAN financial transactions on this grant (including project transactions in PD, PW and Sub Grantee).
· To conduct routine financial monitoring towards PD, PW, and Sub Grantee
Administration Consultant is responsible for:
· Reviewing the quality and completeness of documents that need prior review by the World Bank, as well as providing technical assistance in procurement process that does not need prior review.
· Performing correspondence activities in relation to the implementation of the activity
· Filing all documents of personnel of the Secretariat and cooperation activities
· Managing program administration necessity
· Preparing semester and annual reports in relation to the implementation of the activity
Evaluation Consultant:
a. To draw up reports on baseline condition of the groups of indigenous people
b. To evaluate outcome of activities in accordance with the framework stated in project agreement documents. (Project achievement report)
c. To incorporate the results of monitoring and evaluation into the study report, which consists of mapping study, indigenous people building study, study on how to improve technical capacity in relation to the need of the indigenous people (Reports on Studies on these three aspects)
d. To incorporate a-c into the annual project development monitoring report. (annual report)
e. To ensure the implementation of external audit (External audit report)
The three Project Executants:
· To carry out duties/activities in accordance with the methods and schedules determined in the work plan.
· To report the development in the implementation of duties / activities routinely to Project Leaders, including the obstructions faced, if any.
· To assist Project Leaders in drawing up project reports, among others to donors, in accordance with contracts.
Project Executant in Mapping: is responsible for ensuring that all mapping activities, such as those stated in these guidelines, are well implemented, in accordance with these guidelines and participatory mapping facilitation modules developed by JKPP, and are carried out within the time frame and quality expected.
Project Executant in Training: is responsible for coordinating and carrying out all trainings mentioned in these guidelines and planned in this project within the time frame and quality expected.
Project Executant in Efforts to Increase Income: is responsible for coordinating the following:
a. Development of non wood income in at least 20 regions