Two-decade decentralization and recognition of customary forest rights: Cases from special autonomy policy in West Papua, Indonesia

Abstract

Formally framed as Special Autonomy, the local governments in Papua Provinces have since 2001 been granted substantial authorities, greater than other provinces in Indonesia, to determine the direction of local development. The Special Autonomy was trusted to serve the interests and rights of native Papuans in using their rich natural resources, including forests. For the native Papuans, claims over forests are framed within the context of Tanah Adat or Ulayat (customary land). Analyzing the case of West Papua, this paper asks why hasn't decentralization facilitated formal recognition of customary forests in the province. To answer the question, we conducted reviews of policies and regulations, interviews with government officials (at central, provincial, and regency levels), non-government organizations, leaders & members of customary groups, and direct observation. We found the interplay of explaining factors through our research. First, at the national level, the decentralization policy had not been followed with forest regulatory frameworks supporting it. Forest laws and regulations continued to emphasize the unified legal framework for maintaining (central) state control over forest resources. Second, in implementing the Special Autonomy policy, the local governments at the provincial and regency levels were more focused on other development agendas. They limitedly made recognition of customary forest claims as a policy priority. Drawing from three pilot projects of the recognition of customary forests, support from the local governments for the recognition of customary forests were limited despite normative promises. The Special Autonomy ended in 2021 and it is clear that it has not been used optimally as an avenue to facilitate customary forest claims. Hence, our research raises a question about the future trajectory of customary forests in the province.