The Draft Government Regulation on the Protection and Management of Peat Ecosystems (Peatland Draft Government Regulation) is a draft government regulation initiated by the Ministry of Environment as one of the government regulations to implement Law No. 32 of 2009 concerning Environmental Protection and Management (Environmental Law). The status of this draft regulation is currently awaiting the signature of the Coordinating Ministry for Economic Affairs before it is submitted to the President for approval. There are rumors that SBY wants this Peatland Draft Government Regulation to be one of his ‘achievements’ before leaving office in a few months.

The process of drafting and discussing this Peatland Draft Government Regulation can be said to be very non-transparent. The Forest and Climate Coalition, consisting of several civil society organizations that also coordinate with peatland management community networks, analyzed the content of this draft regulation and then tried to voice some concerns about the still weak substance of peat ecosystem protection and community rights in the regulation. Some fundamental concerns of the Coalition are the loose criteria for peat ecosystem damage and the criteria for designating peat ecosystems with protective functions, especially the questioned scientific and legal basis of the allowable peat depth to be opened (3 meters). Furthermore, this draft regulation still tends to pave the way for damaging permit expansions in peatlands and does not address existing permits. Another equally important issue is the lack of regulations on protecting the rights of indigenous and local communities managing peatlands. If the process and substance are not safeguarded, this well-intentioned draft regulation could erode the rights of indigenous and local communities protected by various laws, including the Environmental Law, which is the parent law of this draft regulation.

In an effort to voice the aforementioned concerns, the Coalition has carried out various activities, ranging from press conferences, national discussions and workshops, to sending an open letter to the President urging the postponement of the regulation’s approval. The Coalition has also tried to engage in discussions with the REDD+ Management Agency/UKP4, which has the space to provide input to the President.

This article is one of the efforts to strengthen advocacy regarding the rights of indigenous and local communities in peatland regulations, not only in the Peatland Draft Government Regulation but also in the future implementation of peatland governance if this regulation is approved. This article attempts to analyze the extent to which the rights of indigenous and local communities, especially tenure rights, are recognized and protected in the Peatland Draft Government Regulation and how future peatland governance implementation should respect, protect, and fulfill the rights of indigenous and local communities.

For a more detailed article, it can be downloaded at the following link:

HuMa 2014 Analysis of Community Rights in the Peatland Draft Government Regulation FULL