State, Communities and Forests in Contemporary Borneo

Table of Contents

Foreword

Acknowledgments

Abbreviations

Contributors

1. Introduction

1. Recent Development and Conservation Interventions in Borneo

Introduction

From Timber to Oil Palm: State-Driven Development and its Effects on Forests and Customary Land

Conservation and the Search for Alternatives

On Being Indigenous

This Volume

References

2. Framework and Institutions

2. Expanding State Spaces Using ‘Idle’ Native Customary Land in Sarawak

Introduction

High Modernism in Sarawak

Persuasion: Creating Vulnerable Identities and Places

Of ‘Idle’ or ‘Waste’ Land

Native Customary Land and ‘Development’

Trade-offs and the Limits of Persuasion

Conclusion: Development, the State and Localities

References

3. Native Customary Land: The Trust as a Device for Land Development in Sarawak

Introduction

Defining Native Customary Rights to Land

Legislation on Land

The Sarawak Land Code 1958

Agricultural Policies and Land Development Schemes

The New Model: Joint Venture Companies

The Trust and Protection of Property

The Nature of the Trust

The Trust and Native Customary Land Development

The JVC and the Nature of the Beneficiaries’ Interests

General Powers and Duties of Trustees

The Fiduciary Relationship and its Ramifications

Breach of Trust and Remedies of Beneficiaries

Questions of Proof and Reversion of Land

Concluding Remarks

References

4. Decentralisation, Forests and Estate Crops in Kutai Barat District, East Kalimantan

Introduction

Kutai Barat and Its Resources

Geography

Economy

Forest Resources

Agro-Industrial Estate Crops

Decentralisation in Kutai Barat

District Finances

Creating a District Regulatory Regime to Exploit Forest Resources

A New Forestry Vision — Community Forestry

Decentralisation and the Oil Palm Sub-Sector

Conclusion

References

3. Local Interventions

5. Community Mapping, Tenurial Rights and Conflict Resolution in Kalimantan

Introduction

Land Tenure and Natural Resource Conflict in Indonesia

State-Imposed Tenure Systems in Indonesia

Adat Tenure Changes in East Kalimantan

Community Mapping and Its Implications

The Purpose and Role of Community-Mapping Initiatives

Community-Mapping Activities in East Kalimantan

Community Mapping as a Tool to Reduce Conflict over Land

Conclusions

References

6. Community Cooperatives, ‘Illegal’ Logging and Regional Autonomy in the Borderlands of West Kalimantan

Introduction

Borderlands and Borderlanders

The Upper Kapuas Borderlands

Regional Autonomy and ‘Illegal’ Logging

Community Cooperatives

Bicycle Logging

Commissions and Fees

Questions About the Cooperatives

Local Autonomy

Local Disputes

International Disputes

Discussion and Conclusion

References

7. Seeking Spaces for Biodiversity by Improving Tenure Security for Local Communities in Sabah

Introduction

One Landscape, Three Competing Interests

Biogeographic and Conservation Significance

Community Claims to Land and Forest

Logging Interests in the Upper Padas

Conflict over Forest in Ulu Padas

Customary Claims and State Lands

Insecurity of Tenure and External Threats

Seeking Conservation Through Land Tenure Security

The Difficulties of Defining Traditional Tenure

Advancing Claims: Exploiting Ambiguities in Interpretation

Divided They Fall

The Community–Conservation Link

Misplaced Confidence

Communal Resource Management: Ideals Versus Reality

Moving Beyond the Impasse: Teasing Out a Tenure Solution

Individual Titles

Safeguarding Communal Forest

Strengthening Communal Resource Management

The Importance of Collaboration

The Role of Policy Reform in Reversing Destructive Trends

Working with the State

Discussion: Conservation on Community Lands

Communal Lands as Spaces for Biodiversity

Making Community–Conservation Partnerships Work

Conclusion

References

8. Social, Environmental and Legal Dimensions of Adat as an Instrument of Conservation in East Kalimantan

Introduction

Adat Communities in the Kayan Mentarang National Park

Adat Criteria for Natural Resource Management

The Management of National Parks in Indonesia

Recent Legislative Developments and the Status of Adat

The Forestry Law of 1999

Decentralisation and the Management of National Parks

The Masyarakat Adat Management Model

Postscript (May 2004)

References

9. The Potential for Coexistence between Shifting Cultivation and Commercial Logging in Sarawak

Introduction

Study Area and Methodology

Results and Discussion

Changes in Natural Resource Management within the Study Area

Changes in the Socio-Economic Conditions of the Iban Communities

Interactions Between Actors and the Potential for Greater Coexistence

Conclusion

References

4. Conclusion

10. Concluding Remarks on the Future of Natural Resource Management in Borneo

‘Localised’ Interventions

Relevant Research

Multi-stakeholderships

References

Index