This book analyzes the wide range of issues that should be taken into account in forest-related legislation. It stresses that forest law must be understood in the context of the broader legal framework governing land use and land tenure, as well as international obligations related to trade, environmental protection, and human rights. The book also pays significant attention to institutional arrangements and governance practices relevant to forests, including decentralization, transparency, and law enforcement. The authors draw extensively on experience from around the world to provide tools for dealing with various forest management challlenges. The authors are experts in the field of forest law. Lawrence C. Christy is a Former Chief, Development Law Service, Legal Office, Food and Agricultre Organization of the United Nations (FAO). Charles E. Di Leva is Chief Counsel, Environmentally and Socially Sustainable Development and International Law Unit (LEGEN), Legal Vice-Presidency, World Bank. Jonathan M. Lindsay is Senior Counsel with LEGEN, Legal Vice-Presidency, World Bank. Patrice Talla Takoukam is Counsel with LEGEN, Legal Vice-Presidency, World Bank.

'This book provides an excellent overview of more than a decade of transformation in a forest landscape where the interests of local people, extractive industries and globally important biodiversity are in conflict. The studies assembled here teach us that plans and strategies are fine but, in the real world of the forest frontier, conservation must be based upon negotiation, social learning and an ability to muddle through.' Jeffrey Sayer, senior scientific adviser, Forest Conservation Programme IUCN - International Union for of Nature The devolution of control over the world's forests from national or state and provincial level governments to local control is an ongoing global trend that deeply affects all aspects of forest management, conservation of biodiversity, control over resources, wealth distribution and livelihoods. This powerful new book from leading experts provides an in-depth account of how trends towards increased local governance are shifting control over natural resource management from the state to local societies, and the implications of this control for social justice and the environment. The book is based on ten years of work by a team of researchers in Malinau, Indonesian Borneo, one of the world's richest forest areas. The first part of the book sets the larger context of decentralization's impact on power struggles between the state and society. The authors then cover in detail how the devolution process has occurred in Malinau, the policy context, struggles and conflicts and how Malinau has organized itself. The third part of the book looks at the broader issues of property relations, conflict, local governance and political participation associated with decentralization in Malinau. Importantly, it draws out the salient points for other international contexts including the important determination that 'local political alliances', especially among ethnic minorities, are taking on greater prominence and creating new opportunities to influence forest policy in the world's richest forests from the ground up. This is top-level research for academics and professionals working on forestry, natural resource management, policy and resource economics worldwide. Published with CIFOR

Since the collapse of Soeharto’s New Order regime in May 1998, Indonesia’s national, provincial, and district governments have engaged in an intense struggle over how authority and the power embedded in it, should be shared. How this ongoing struggle over authority in the forestry sector will ultimately play out is of considerable significance due to the important role that Indonesia’s forests play in supporting rural livelihoods, generating economic revenues, and providing environmental services. This book examines the process of forestry sector decentralization that has occurred in post-Soeharto Indonesia, and assesses the implications of more recent efforts by the national government to recentralize administrative authority over forest resources. It aims to describe the dynamics of decentralization in the forestry sector, to document major changes that occurred as district governments assumed a greater role in administering forest resources, and to assess what the ongoing struggle among Indonesia’s national, provincial, and district governments is likely to mean for forest sustainability, economic development at multiple levels, and rural livelihoods. Drawing from primary research conducted by numerous scientists both at CIFOR and its many Indonesian and international partner institutions since 2000, this book sketches the sectoral context for current governmental reforms by tracing forestry development and the changing structure of forest administration from Indonesia’s independence in 1945 to the fall of Soeharto’s New Order regime in 1998. The authors further examine the origins and scope of Indonesia’s decentralization laws in order to describe the legal-regulatory framework within which decentralization has been implemented both at the macro-level and specifically within the forestry sector. This book also analyses the decentralization of Indonesia’s fiscal system and describes the effects of the country’s new fiscal balancing arrangements on revenue flows from the forestry sector, and describes the dynamics of district-level timber regimes following the adoption of Indonesia’s decentralization laws. Finally, this book also examines the real and anticipated effects of decentralization on land tenure and livelihood security for communities living in and around forested areas, and summarizes major findings and options for possible interventions to strengthen the forestry reform efforts currently underway in Indonesia.

Concerns about environmental risks have focused the minds of a generation. New movements are emerging to challenge those who would put profits before the planet. This volume represents the cutting edge of international research on global environmental movements and contributes to the on-going debates which may shape our future.

United Fiber System, Ltd (UFS) seeks to secure financing for a 600,000 tonnes greenfield pulp mill project in South Kalimantan, Indonesia. It will be somewhat unique in Indonesia in that it will source its fiber entirely from sustainably managed plantations and will generate minimal negative impacts on natural forests and local communities. This brief has been prepared to promote a more informed and transparent dialogue on the proposed project among financial decision makers, policy makers, and other stakeholders. Based on a review of available documents and analyses, CIFOR has major questions regarding the social and environmental sustainability of the planned pulp mill and associated plantations. The issues are first limited information on the plantation development program provided by UFS. Secondly, the proposed project is likely to place direct pressures on the 77,000 ha of natural forest that reportedly remains at the PT Hutan Rindang Banua (PT HRB) plantation concession, and particularly on the 44,000 ha of areas covered by ‘mixed tropical hardwood’ (MTH) that were designated by Jaakko Poyry to be appropriate for plantation development. Thirdly, the development of a new 600,000 tonne pulp mill in South Kalimantan would compound the very significant problem of industrial over capacity that currently exists in Indonesia’s forestry sector. Fourth, while the proposed pulp mill and associated plantations could generate significant employment and associated benefits, there is a risk of serious negative impacts on surrounding communities, which have a population of over 60,000 people. Finally, the project’s current ownership structure lacks transparency, and this could lead to a lack of accountability if UFS or its affiliates fail to meet the commitments it is now making. As such, it is essential that financial decision makers, policy makers, and other interested parties design structures for ensuring accountability and transparency on the part of project principals.