The Constitutional Court's Decision No. 35/PIU/2012 in March 2013 is a historical milestone involving the return of tenure rights of forests to customary communities (MHA, masyarakat hukum adat). Which ruled that customary forests were no longer state forests. This marked the beginning of a new era in institutionalising comprehensive and effective participation of MHA in the management of natural assets.

Following on from this legal milestone, nine government ministries/institutions agreed today to launch the National Programme for the Recognition and Protection of Customary Communities (PPMHA) through the REDD+ mechanism”. This programme launched in Jakarta, 1 September 2014. Designed to provide legal impetus, strengthen institutions, and to provide a framework for all parties in the implementation of REDD+ Indonesia.

This National Programme for Recognition and Protection of MHA is a part of the SBY-Boediono 100-day Action Plan for completing their term of office and it involves nine ministries/institutions including: Coordinating Ministry of Peoples' Welfare; Ministry of Environment; Ministry Home Affairs; Ministry of Law and Human Rights; Ministry of Forestry; National Defence Agency; Geospatial Information Agency; National Commission on Human Rights; and the REDD+ Agency. This launching and signing of the declaration was held before the Vice President of Indonesia and witnessed by representatives of MHA and other related stakeholders.

This declaration is an important step in the long struggle to provide MHA with a role in the national system of the Unitary State of the Republic of Indonesia. Partial steps have been implemented by ministries and institutions, but it is important for us to coordinate all efforts in a more conscientious and systematic manner. This national programme is exactly what we all hoped for so that together we can achieve our objectives. This step is very tactical and strategic where all parties play a role and work together, said the Vice President of the Republic of Indonesia, Boediono in his opening speech.

From a legal perspective, MHA have a unique position and require a clear legal regulatory framework. This was expressed by the Minister of Law and Human Rights, Amir Syamsuddin. This declaration is a milestone in the enormous effort of the government to empower MHA amidst sudden change and development, we are aware that the existence of MHA is a part of the larger development effort.

There is a strong causal relationship between community ownership of forests and forest conservation and community welfare, and because of that MHA is a key stakeholder of REDD+ Indonesia. In this respect, the Head of the REDD+ Agency, Heru Prasetyo remarked.

In accordance with the mandate of the REDD+ Agency to assist the President in coordination, synchronisation, planning, facilitation, management, monitoring, supervision and oversight of REDD+ Indonesia, the Agency is responsible to protect and support the capacity building and the participation of MHA through the REDD+ mechanism. When related to emission reduction, the REDD+ Agency cannot deny that forests and that which is contained therein is a holistic system such that support for forest conservation and the environment it supports for communities is critical to maximising the benefits of forest resources for communities.

From the perspective of MHA, the Secretary General of AMAN, Abdon Nababan appreciate the efforts of the government which has been consistent enough in providing a legal basis for customary communities from various dimensions.

This National Programme is a new point of departure which has revitalised MHA to continue their struggle and, at the same time, has become a moment of reflection for them to improve their capacity in managing natural assets in accordance with local knowledge, said Abdon.

This National Programme will target a number of objectives beginning with the formulation of legal regulations, law reform, administrative facilities, restoration and strengthening of MHA institutions, support to local government in preparing local regulations, through to realising the implementation of REDD+ in Indonesia.

In order to drive this National Programme for the Recognition and Protection of Customary Communities through REDD+, several facilities will be prepared through this initiative: a National Trust Fund; MHA Information Centre; capacity building programmes; and support for stakeholder engagement and communications.

The REDD+ approach will be integrated in this national programme so that in parallel customary/local communities can be facilitated in their enagement in the national programme for sustainable development with equity.