INFOGRAPHIC: Experience the Unequal Ways Communities and Companies Get Land Rights
Growing demand for natural resources is pushing companies onto Indigenous Peoples’ and rural communities’ land. These communities, who collectively hold at least half the world’s land but legally own only a small portion, are losing their homes to palm oil plantations, loggers and more.
Some indigenous groups are trying to protect their land by obtaining legal titles to it. But in many countries, the processes for communities to formalize land rights are significantly more complex than for companies. Communities can spend decades navigating government-ordered procedures. Wealthy corporations can secure rights to the same land in 30 days to five years.
The infographic below allows you to navigate the process for a community seeking formal land rights in Indonesia, versus for a company securing an oil palm concession.
Although Indonesia has made progress, including a landmark 2013 court case that opened the door for formalizing indigenous forest rights, hurdles remain. Only about 20 indigenous groups have secured formal land rights to about 20,000 hectares. Palm oil plantations cover 14 million hectares.
Get organized
You may not speak Indonesian. You’re not familiar with national land laws. And there’s no NGO representative available to help.
Understand land laws, and build consensus in the community.
Map your land
You don’t know what the map should include. Government officials were supposed to help, but they don’t show up.
Petition local legislature to issue a regulation recognizing your indigenous community
Convince politicians to include your petition in the legislative agenda.
Lobbying elected officials can take more than five years.
Wait for legislative committees to prepare a draft regulation; prepare supporting studies for them.
You don’t know how to prepare the necessary technical studies or convene experts.
Wait while Regional Assembly debates the draft regulation.
You spend years lobbying politicians and organizing public consultations, but still can’t get enough votes.
Wait for Regional Assembly to approve the regulation granting your community indigenous status.
A timber company claims to hold rights to your land.
Wait for government to publish the regulation in a regional journal.
Submit customary forest application to the Ministry of Environment and Forestry
Your area overlaps with a conservation zone and you have to navigate additional steps.
Host government field visit to verify your community’s claim
The government agency is understaffed. Wait for officials to show up.
Get a decree from the Ministry of Environment and Forestry establishing the customary forest
You don’t have political support. Your claim stalls until you secure it.
You overcome these roadblocks
AND receive your customary forest rights.
You hit one of many roadblocks.
AND STILL DO NOT HAVE
CUSTOMARY FOREST RIGHTS.
Indigenous Peoples and communities spend upwards of 15 years trying to formalize their land rights; most never make it through the complex legal process. Only around 20 communities in Indonesia have received customary forest rights, covering fewer than 20,000 hectares of land.
Total time: 4–15 years
Get organized
Understand land laws, and build consensus in the community.
You may not speak Indonesian. You’re not familiar with national land laws. And there’s no NGO representative available to help.
Map your land
You don’t know what the map should include. Government officials were supposed to help, but they don’t show up.
Petition local legislature to issue a regulation recognizing your indigenous community
Convince politicians to include your petition in the legislative agenda.
Lobbying elected officials can take more than five years.
Wait for legislative committees to prepare a draft regulation; prepare supporting studies for them.
Wait while Regional Assembly debates the draft regulation.
You don’t know how to prepare the necessary technical studies or convene experts.
Wait for Regional Assembly to approve the regulation granting your community indigenous status.
You spend years lobbying politicians and organizing public consultations, but still can’t get enough votes.
Wait for government to publish the regulation in a regional journal.
A timber company claims to hold rights to your land.
Submit customary forest application to the Ministry of Environment and Forestry
Your area overlaps with a conservation zone, and you have to navigate additional steps.
Host government field visit to verify your community’s claim
The government agency is understaffed. Wait for officials to show up.
Get a decree from the Ministry of Environment & Forestry establishing the customary forest
The government agency is understaffed. Wait for officials to show up.
You hit one of many roadblocks.
You didn’t get your
customary forest rights.
You are one of 18 communities who overcome these roadblocks.
Your receive
your customary forest rights.
Indigenous Peoples and communities spend upwards of 15 years trying to formalize their land rights; most never make it through the complex legal process. Only around 20 communities in Indonesia have received customary forest rights, covering fewer than 20,000 hectares of land.
Total time: 4–15 years
Get organized
You may not speak Indonesian. You’re not familiar with national land laws. And there’s no NGO representative available to help.
Understand land laws, and build consensus in the community.
Map your land
You don’t know what the map should include. Government officials were supposed to help, but they don’t show up.
Petition local legislature to issue a regulation recognizing your indigenous community
Convince politicians to include your petition in the legislative agenda.
Lobbying elected officials can take more than five years.
Wait for legislative committees to prepare a draft regulation; prepare supporting studies for them.
You don’t know how to prepare the necessary technical studies or convene experts.
Wait while Regional Assembly debates the draft regulation.
You spend years lobbying politicians and organizing public consultations, but still can’t get enough votes.
Wait for Regional Assembly to approve the regulation granting your community indigenous status.
A timber company claims to hold rights to your land.
Wait for government to publish the regulation in a regional journal.
Submit customary forest application to the Ministry of Environment and Forestry
Your area overlaps with a conservation zone, and you have to navigate additional steps.
Host government field visit to verify your community’s claim
The government agency is understaffed. Wait for officials to show up.
Get a decree from the Ministry of Environment & Forestry establishing the customary forest
You don’t have political support. Your claim stalls until you secure it.
You are one of 18 communities who overcome these roadblocks.
Your receive your customary forest rights.
You hit one of many roadblocks.
AND STILL DO NOT HAVE
CUSTOMARY FOREST RIGHTS.
Indigenous Peoples and communities spend upwards of 15 years trying to formalize their land rights; most never make it through the complex legal process. Only around 20 communities in Indonesia have received customary forest rights, covering fewer than 20,000 hectares of land.
Total time: 4–15 years
This story was created by Laura Notess, Dean Affandi, Peter Veit, Carni Klirs, Sarah Parsons and Sophie Boehm.
