KSDAHE Bill: A New Inclusive Paradigm Shift Needed to Address Future Conservation Challenges

Press Release

KSDAHE Bill: A New Inclusive Paradigm Shift Needed to Address Future Conservation Challenges

Jakarta, October 9, 2023. The Civil Society Coalition for a New Conservation Paradigm urges the Ministry of Environment and Forestry and the Indonesian House of Representatives not to merely revise Law No. 5 of 1990 on KSDAHE. The KSDAHE Bill currently being discussed by Commission IV of the House, the Ministry of Environment and Forestry, and Committee II of the Regional Representatives Council must be positioned as a transformative change point in the implementation and inclusive conservation paradigm in this country.

This transformative change and inclusive approach are crucial given that Law No. 5/1990, enacted 33 years ago, is no longer relevant to the current and future challenges of Indonesia's natural and biological resource conservation. The law also does not sufficiently support the involvement and protection of communities in the much-needed conservation of natural resources. Reflecting on the portrait of natural resource and ecosystem damage, including mangrove ecosystems, karst ecosystems, peat ecosystems, and coastal and small island ecosystems, the value reaches 10.12 million hectares in the form of natural forest deforestation.

FWI Campaign and Policy Intervention Manager, Anggi Putra Prayoga emphasized that "The conservation mandate as outlined in Law No. 5/90 is still conventional by interpreting conservation efforts through area division, not based on function. We assess that 90% of natural resource damage occurs outside conservation areas and is always considered acceptable to be damaged. In fact, there are 76 million hectares of important areas to be conserved that are currently outside the status of Conservation Areas (read: Essential Ecosystem Areas). These include mangrove ecosystems, peat, karst, high conservation value areas, wildlife corridors, and biodiversity parks that are threatened with loss. The approach in Law No. 5/90 is also flawed because it still equates the management of small islands with large islands and their main islands, and this is biased."

WGII Campaigner, Asti Noor added, "There needs to be a shift to a rights-based conservation paradigm in Indonesia's conservation governance to address the complexity of conservation-related conflicts that have occurred so far. The KSDAHE Bill should reflect holistic and interdisciplinary dimensions, especially aspects of protection, recognition of rights, and participation of indigenous peoples and local communities, which to this day are not yet visible in the KSDAHE Bill Draft, and some related aspects have even been removed in the July 2023 version of the KSDAHE Bill DIM."

Conflicts between communities and area managers, even human and wildlife conflicts, as well as increasing environmental and ecosystem degradation, have indicated the inadequacy of policy implementation in the field of conservation and have become a shared concern at the global level. This has been massively responded to in the Conference of the Parties on the Convention of Biological Diversity (COP-15 CBD) meeting, where Indonesia is one of the parties that agreed to this convention.

"The KSDAHE Bill should reflect important targets in the Kunming Montreal Global Biodiversity Framework (KM-GBF). Notably, 7 out of 23 KM-GBF targets include indigenous and local community elements in sustainable use, traditional knowledge protection, participation, fair benefit sharing, and FPIC (Free, Prior, Informed Consent). Indigenous Peoples and Local Communities should no longer be placed as objects of Conservation but must be recognized as subjects or actors of Conservation itself, as evidenced by field facts. This is in line with the COP-15 on CBD mandate towards the 2050 Vision "Living in Harmony with Nature". stated Cindy Julianty, WGII Program Manager

Currently, Indonesia's conservation areas cover 26.89 million hectares (KSDA, 2022), equivalent to 47.1 percent of the total Post 2020 GBF target. According to data from keybiodiversityareas.org, Indonesia has 494 areas or equivalent to 3,367,280 hectares rich in biodiversity, but more than 50 percent of the area is outside conservation areas. This condition increases the potential for biodiversity loss outside conservation areas. Kehati Program Manager, Burhan Jayadattry added, "The biodiversity crisis, climate change crisis, and recent pandemics require decisive action and joint commitment, especially from the government, to change its perspective on biodiversity protection. The KSDAHE Bill should be able to fill the mandate gap for conservation efforts outside areas with various landscape settings."

Satriya Putra, as Legal Coordinator of Garda Animalia, added, "Furthermore, an important focus in the renewal of Law No. 5 of 1990 is the criminal provisions and law enforcement in the field of conservation. Of course, this KSDAHE Bill provides strengthening by adjusting existing criminal law provisions. This can be seen from the inclusion of phrases to create a deterrent effect, the addition of evidence, the expansion of PPNS authority, and making corporations a legal subject that can be prosecuted."

Civil Society Coalition Urges Transparency in KSDAHE Bill Discussion

The drafting process of the KSDAHE Bill so far is considered closed and unable to accommodate input from stakeholders. At least 718 Problem Inventory Lists (DIM) need to be discussed immediately. Satriya Putra, as Legal Coordinator of Garda Animalia, stated, "The closed meetings of the KSDAHE Bill discussion by the Working Committee clearly undermine the spirit of democracy. The committee has closed the opportunity for openness and public involvement in this Bill discussion. The previous series of processes, where the public was still involved by the legislature, was apparently interpreted as mere participation. Minutes, Meeting Notes, and Brief Reports on the latest DIM conditions should be opened to the public and easily accessible."

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Editor's Note

Community-Managed Conservation Areas (AKKM) or (ICCAs - Indigenous and Community Conserved Areas) are practices of natural resource and environmental management by indigenous peoples and local communities based on local wisdom or local customs. 

Working Group ICCAs Indonesia (WGII) identifies at least 4.2 million hectares of AKKM in Indonesia with a total of 492,222.6439 hectares of AKKM documented and registered by WGII. The potential indication of AKKM can increase considering the total registered customary land area in BRWA currently reaches 26.9 million hectares

Natural Forests are forests primarily composed of native trees that have never been planted by humans. Natural forests do not include plantations and planted forests.

Deforestation is any form of change in land cover conditions from forest to non-forest caused by natural conditions and/or deforestation actors, whether legally or illegally, within a certain period that is temporary or permanent. FWI recorded natural forest damage (deforestation) during the 2017 to 2021 period reaching 10.12 million hectares, where 15.43 percent occurred in Protected Forest Areas and 9.06 percent occurred in KSA/KPA (Nature Reserve Areas/Nature Conservation Areas).

Essential Ecosystem Areas, abbreviated as KEE, are areas outside Nature Reserve Areas, Nature Conservation Areas, and Game Reserves that are ecologically important for biodiversity. KEE includes Wetland Ecosystems, Wildlife Corridors, High Conservation Value Areas, and Biodiversity Parks.

The Civil Society Coalition for a New Conservation Paradigm consists of several civil society organizations united to voice transparency of information related to the KSDAHE Bill discussion and a new conservation paradigm for the KSDAHE Bill: Conservation Working Group, WGII, BRWA, Walhi, FWI, Sawit Watch, Madani, Kehati Foundation, JKPP, and Garda Animalia.

Contact Information:

• Anggi Putra Prayoga, FWI (0857-2034-6154)
• Asti Noor, WGII (0813-8860-1039)
• Burhan Jayadattry, Kehati (0856 92441525)
• Satriya Putra, Garda Animalia (0896-9437-0612)