January 2011 Asia Pacific Conservation Region Marine Program Report No 1/11. Report compiled by:

Transcription

1 January 2011 Asia Pacific Conservation Region Marine Program Report No 1/11 Report compiled by:

2 Published by: The Nature Conservancy, Asia Pacific Conservation Region Contact Details: M. Imran Amin: The Nature Conservancy s Indonesia Marine Program, Jl. Pengembak No.2, Sanur 80228, Bali, Indonesia Phone +62-(0) , Fax +62-(0) mamin@tnc.org Meity Mongdong: Conservation International Indonesia, Jl.Kedondong, Puncak Wihara Klademak, Sorong 98414, Papua Barat, Indonesia m.mongdong@conservation.org Suggested Citation: Rumetna, L., Amin, M.I., Rotinsulu, C., Mongdong, M Development of a Representative Governance Structure for the Effective Management of Raja Ampat Marine Protected Area Network. A report by the Marine Program of the Asia Pacific Conservation Region, The Nature Conservancy. 1/ , The Nature Conservancy All Rights Reserved. Reproduction for any purpose is prohibited without prior permission. Cover Photo: The workshop for the formation of the Raja Ampat MPA Governance Structure, which took place in November 2009, in Makassar. Lukas Rumetna Available from: The Nature Conservancy s Indonesia Marine Program Jl. Pengembak No.2 Sanur Bali, Indonesia

3 The authors would like to express their sincere gratitude to everyone involved in the process of the formation of the Raja Ampat MPA Governance Structure: 1. Raja Ampat District Head 2. Raja Ampat District Development Planning Agency 3. Head of the Raja Ampat District Organization and Administration Section 4. Head of the Raja Ampat District Finance and Asset Management Agency 5. Head of the Raja Ampat District Personnel Agency 6. Head of the Raja Ampat District Legal Affairs Section 7. Head of the Raja Ampat District Tourism and Culture Agency 8. Head of the Raja Ampat District Marine and Fisheries Agency 9. Raja Ampat District House of Representatives 10. Raja Ampat Police 11. Indonesian Ministry of Home Affairs (Bureau of Organization and Directorate General for Guidance on Administration of Regional Finances) 12. Indonesian Ministry of Marine and Fisheries (Directorate General of Marine, Coastal and Small Islands) 13. Conservation International (CI) 14. The Nature Conservancy (TNC) 15. Parishes of the Indonesian Christian Church in Raja Ampat 16. The People of Raja Ampat This process was also facilitated by funding support from David and Lucile Packard Foundation and Walton Family Foundation.

4

5 The Raja Ampat Islands lie at the heart of the Coral Triangle and are home to the world s richest marine tropical biodiversity. This was verified by research carried out by CI in 2001 and TNC in Based on the findings of these studies, the world s marine experts have stated that the waters of Raja Ampat have a high marine biodiversity. Therefore, the Raja Ampat waters need to be protected to ensure their sustainability. As a result of a high level of commitment shown on the part of the local community to protect the marine biodiversity of Raja Ampat, the Raja Ampat Government issued a decree of the Raja Ampat District Head 66/2007 concerning the Raja Ampat Marine Protected Area, which was followed by the Declaration of the Raja Ampat Marine Protected Area. At the local/district level, policy on the management of the Raja Ampat Marine Protected Area was reinforced with the issue of a higher level regulation, Regulation of the Raja Ampat District 27/2008 concerning the Raja Ampat Marine Protected Area. Under this Declaration, there are six marine protected areas (MPAs) in Raja Ampat, all of which are inextricably interconnected, forming the Raja Ampat Network of Marine Protected Areas, which is important not only from the biological aspect, but also from the economic, social and cultural aspects. These six MPAs are: Ayau-Asia MPA, Wayag-Sayang MPA, Mayalibit Bay MPA, Dampier Straits MPA, Kofiau MPA and South East Misool MPA. There is an additional MPA in Raja Ampat in South West Waigeo managed by Ministry of Marine Affairs and Fisheries bringing the total number of MPAs in Raja Ampat to seven. Government Regulation 60/2007 concerning Conservation of Fish Resources states that Marine Protected Areas must have each have its own organization unit to manage the MPA. It also states that management of the Raja Ampat MPA cannot be partial, but must be managed as an integrated whole within a system and under rules that are applicable to all six MPAs. Based on this fact, the Raja Ampat District Government, with support from stakeholders in Raja Ampat and at the national level, began the process of forming an organization unit to manage the Raja Ampat MPA. This process, which began in 2007, involved three stages: the Initiation Stage, Follow-Up Stage, and Finalization of Ideas and Processes Stage. During the final stage, the Raja Ampat District Government, demonstrating its high level of commitment, agreed to the formation of a unit to manage Raja Ampat MPA, which was legalized via Regulation of the Raja Ampat District Head 16/2009 concerning Formation of a Technical Unit of the Marine and Fisheries Agency of the Marine Protected Area of Raja Ampat District.

6 1.1 BACKGROUND In 2001 and 2002, TNC and CI conducted scientific surveys of the potential of Raja Ampat. Based on these studies, the world s marine experts confirmed that the waters of Raja Ampat have a high marine biodiversity, and recommended that they be protected to ensure their sustainability. This recommendation was then put before the Raja Ampat District Government by TNC and CI, in collaboration with the local community, indigenous institutions, traditional councils, universities, and religious organizations. In response to this recommendation, the Raja Ampat district government, working in cooperation with TNC, CI and other parties, held a workshop in a village in East Misool, called Tomolol. This workshop was important because everyone attending had made a commitment to take concrete action to follow up on the recommendations made by the world s marine experts. More concrete action on the ground then began through a strong cooperation with village communities and traditional councils. As a result of this action, communities in several villages began forming marine protected areas in their own locales, such as in Wayag Sayang, Mayalibit Bay and Ayau. In 2006, the communities in these three villages performed traditional ceremonies in order to declare the formation of the marine protected areas. This action continued and was carried out by communities in other parts of Raja Ampat, including in Kofiau. In 2007, Kofiau community made a traditional declaration of the Kofiau and Boo Marine Protected Area. As a result of a high level of commitment shown on the part of the local community to protect the marine biodiversity of Raja Ampat, the Raja Ampat Government then acted, issuing a decree of the Raja Ampat District Head 66/2007 concerning the Raja Ampat Marine Protected Area. In the same year, the Raja Ampat District Head made the Declaration of the Raja Ampat Marine Protected Area, prior to which a ceremony was held transferring the mandate for the management of the Raja Ampat marine conservation areas from the Raja Ampat people and traditional council to the Raja Ampat District Government. This process continued to national government level, where in the same year, 2007, the Indonesian Minister of Marine and Fisheries, Mr. Fredy Numbery, signed the Raja Ampat Marine Protected Area commemoration plaque. At the local/district level, policy on the management of the Raja Ampat Marine Protected Area was reinforced with the issue of a higher level regulation, Regulation of the Raja Ampat District 27/2008 concerning the Raja Ampat Marine Protected Area. The process that took place in Raja Ampat was truly a bottom-up process, which ensured strong community support and commitment to efforts to protect the marine biodiversity of Raja Ampat. Today, there are six marine protected areas (MPAs) in Raja Ampat, all of which are inextricably interconnected, forming the Raja Ampat Network of Marine Protected Areas, which is important not only from the biological aspect, but also from the economic, social and cultural aspects. These six MPAs are: Ayau-Asia MPA, Wayag-Sayang MPA, Mayalibit Bay MPA, Dampier Straits MPA, Kofiau MPA and South East Misool MPA. A seventh MPA at South West Waigeo is managed under the Ministry of Marine Affairs and Fisheries. Government Regulation 60/2007 concerning Conservation of Fish Resources states that Marine Protected Areas must have each have its own organization unit to manage the MPA. It also states that management of the Raja Ampat MPA cannot be partial, but must be managed as an integrated whole within a system and under rules that are applicable to all six MPAs. This meant that the Raja Ampat District Government was obliged to form a unit to manage the Raja Ampat MPA.

7 1.2 Goal The goal of the formation of the Raja Ampat MPA Governance Structure is an official government organization that will undertake the integrated and comprehensive tasks and functions of management of the MPAs in Raja Ampat. The entire process, from initiation to the formation of the Raja Ampat MPA Governance Structure, which is officially known as the Marine and Fisheries Technical Agency for Raja Ampat District Marine Conservation Area, was the realization and result of an excellent cooperation between the Raja Ampat District Government and Conservation International, The Nature Conservancy, and other parties. 2.1 INITIATION The formation of the Raja Ampat MPA Governance Structure began in 2007, with a workshop held in December that year in Waiwo, Raja Ampat. The theme of the workshop was Initiation of a Model for the Raja Ampat MPA Governance Structure. The workshop participants agreed to form an official organization that would manage the MPAs in Raja Ampat and give support to the Raja Ampat District Marine and Fisheries Agency to proceed with the processes to form a Raja Ampat MPA Governance Structure. 2.2 FOLLOW UP After this initial workshop, discussions about the Raja Ampat MPA Governance Structure continued. These included informal discussions and official workshops involving stakeholders including the Ministry of Marine and Fisheries and the Ministry of Home Affairs. Among the key workshops held as a part of this process were: 1) the MPA workshop in the Jakarta office of the Ministry of Marine and Fisheries in September 2007, and 2) the workshop on the MPA Governance Structure, in February 2009 in Waiwo, Raja Ampat. At these workshops, the participants tried to design organizational models that could be developed in Indonesia, including in Raja Ampat. These models were then tested in depth against prevailing laws and regulations in Indonesia. 2.3 FINALIZATION The ideas for organizational models produced during the previous stages continued to be discussed at national and district levels. The outputs of these discussions crystallized into concrete proposals for the best form or organization or organizational model that could be set up in Raja Ampat as the official agency to manage the Raja Ampat MPA. There were two key workshops during this stage: a) A workshop held in Lombok, West Nusa Tenggara in May Through this workshop, the Raja Ampat District Head formed a team to prepare the development of the Marine and Fisheries Technical Agency for Raja Ampat District Marine Conservation Area, which was made official by the Raja Ampat District Head, pursuant to Decree of the Raja Ampat District Head 84/2009 concerning the appointment of this team; b) The workshop for the formation of the Raja Ampat MPA Governance Structure, which took place in November 2009, in Makassar. Following this workshop, the Raja Ampat District Head issued

8 Regulation of the Raja Ampat District Head 16/2009 concerning the Formation of the Raja Ampat MPA Governance Structure, which was given the title Technical Unit of the Marine and Fisheries Agency for Raja Ampat Marine Protected Area. Juliana Tomasouw/TNC-IMP Lukas Rumetna/TNC-IMP Two key workshops, in Lombok, West Nusa Tenggara, May 2009 (left), and in Makassar, South Sulawesi, November 2009 (right) The relevant legal basis for the establishment of Marine Conservation Areas and Marine Protected Area Organizations: 3.1 NATIONAL POLICY 1. Law 31/2004 concerning Fisheries and Law 45/2009 concerning Amendment to Law 31/2009 concerning Fisheries; 2. Law 32/2004 concerning Regional Governments; 3. Law 27/2007 concerning Management of Coastal Areas and Small Islands; 4. Government Regulation 60/2007 concerning Conservation of Fish Resources; 5. Government Regulation 58/2005 concerning Management of Regional Finances; 6. Government Regulation 41/2007 concerning Regional Government Organizations; 7. Regulation of the Minister of Home Affairs 61/2007 concerning Technical Guidelines for the Financial Management of Regional Public Service Bodies; 8. Regulation of the Minister of Marine and Fisheries 17/2008 concerning Conservation Areas in Coastal Areas and Small Islands. 3.2 RAJA AMPAT DISTRICT GOVERNMENT POLICY 1. Regulation of the Raja Ampat District Head 66/2007 concerning the Raja Ampat District Marine Protected Area; 2. Regulation of the Raja Ampat District Head 27/2008 concerning the Raja Ampat District Marine Protected Area; 3. Regulation of the Raja Ampat District Head 5/2009 concerning the Raja Ampat District Marine Protected Area;

9 4. Decree of the Raja Ampat District Head 84/2009 concerning Formation of the Team for Preparation of the Development of the Marine and Fisheries Technical Agency for the Raja Ampat District Marine Conservation Area; 5. Regulation of the Raja Ampat District Head 16/2009 concerning Formation of the Marine and Fisheries Technical Agency for the Raja Ampat District Marine Conservation Area. The involvement of local and national government agencies in the formation of the Raja Ampat MPA Governance Structure is crucial and for the duration of the process of the formation of this unit, these government agencies played a pivotal role and provided essential contributions to the formation of the Raja Ampat MPA Governance Structure. Government agencies that have been actively involved in the formation of the Raja Ampat MPA Governance Structure are: 4.1 AGENCIES AT THE RAJA AMPAT DISTRICT GOVERNMENT LEVEL 1. Raja Ampat District Development Planning Agency, as the authority responsible for development planning in Raja Ampat District 2. Head of Raja Ampat District Organization and Administration Section. In line with the key tasks and functions of this section, which are to arrange the organization and administration of government agencies in Raja Ampat District, the Organization and Administration Section played an huge role in the process of the formation of the Raja Ampat MPA Governance Structure, even leading all the processes related to the formation of the unit, such as giving technical advice to Raja Ampat District Marine and Fisheries, drafting the decree of the district head to appoint the team to form the Raja Ampat MPA Governance Structure, coordinating the drafting of the regulation of the district head on the formation of the Raja Ampat MPA Governance Structure, coordinating workshops, and other key tasks in line with its tasks and functions. 3. Head of the Raja Ampat District Finance and Asset Management Agency, as the party invited to provide technical advice regarding the allocation of funding for the Raja Ampat MPA Governance Structure. 4. Head of the Raja Ampat District Personnel Agency, invited to provide technical advice on issues related to the management of human resources, particularly those who will take up positions in the Raja Ampat MPA Governance Structure. 5. Head of the Raja Ampat District Legal Affairs Section, as the party that will provide technical advice on issues related to laws and regulations in the jurisdiction of Raja Ampat District Government and as the party that issues and proclaims legal products in the jurisdiction of Raja Ampat District Government, such as decrees of the district head, regulations of the district head, and district regulations. 6. Head of the Raja Ampat District Tourism and Culture Agency, as the party with a major interest in the use of natural resources, particularly in regard to tourism in Raja Ampat. 7. Head of the Raja Ampat District Marine and Fisheries Agency, as the key authority for fisheries and marine management in Raja Ampat District, and as the agency under which the Raja Ampat MPA Governance Structure falls. 8. Raja Ampat District House of Representatives, as the party with the authority to approve policies related to the allocation of budget for conservation programs in Raja Ampat and allocation of budget for the Raja Ampat MPA Governance Structure, and as the agency that will approve district regulations on the conservation of marine resources in Raja Ampat. 9. Raja Ampat Police, as the party invited to undertake patrols in the Raja Ampat MPA area.

10 4.2 NATIONAL GOVERNMENT AGENCIES THAT ALSO FUNCTIONED AS RESOURCES AT WORKSHOPS: 1. Indonesian Ministry of Home Affairs (Bureau of Organization and Directorate General for Guidance on Administration of Regional Finances), which provided technical advice on organization and regional public service bodies, including the prevailing laws and legislation that forms the legal basis for the formation of an agency or organization in Indonesia. 2. Indonesian Ministry of Marine and Fisheries (Directorate General of Marine, Coastal and Small Islands), as the party with the authority for marine and fisheries management in Indonesia, including conservation of marine resources, and also as the party that supports the issue of the regulations or policies required for conservation of marine resources, and as the party authorized to allocate budget for conservation of marine resources in Raja Ampat. To focus and accelerate the formation of the Raja Ampat MPA Governance Structure, at a workshop was held in Lombok, East Nusa Tenggara, on May 2009, the Raja Ampat District Head approved the formation of a team to accelerate the formation of the Raja Ampat MPA Governance Structure. 5.1 TEAM COMPOSITION: 1. Chair : Raja Ampat District Regional Secretary 2. Vice Chair 1 : 1st Assistant to the Raja Ampat District Regional Secretary 3. Vice Chair 2 : Head of the Raja Ampat District Development Planning Agency 4. Secretary : Head of the Raja Ampat District Organization and Administration Section 5. Members : 1. Head of the Raja Ampat District Financial and Assets Management Agency 2. Head of the Raja Ampat District Personnel Agency 3. Relevant Raja Ampat District Work Units 4. Head of the Raja Ampat District Legal Affairs Section 5.2 TEAM TASKS AND FUNCTIONS: 1. Main priority to prepare the formation of the Raja Ampat MPA Governance Structure, in the form of a Technical Agency under the coordination of the Raja Ampat District Marine and Fisheries Agency. 2. Mapping of problems, existing organizations, and current tasks. 3. Identify the Regional Work Units needed in Raja Ampat. 4. Identify human resource and funding needs. 5. Analyze the functions of the Regional Work Units to be formed. 6. Responsible to and report results of work to the Raja Ampat District Head. To give the team legal protection, the Raja Ampat District Head issued Decree 84/2009 concerning the Formation of a Team to Prepare the Formation of the Raja Ampat MPA Governance Structure. After the team was formed, TNC and CI worked very closely with the team to continue with the processes towards the formation of the Raja Ampat MPA Governance Structure.

11 After a long process, beginning in 2007, on 16 November 2009, the Raja Ampat District Head officially issued Regulation of the Raja Ampat District Head 16/2009 concerning Formation of a Raja Ampat MPA Governance Structure, which is officially known as Technical Unit of the Marine and Fisheries Agency for the Raja Ampat Marine Protected Area, which is coordinated by the Raja Ampat District Marine and Fisheries Agency. The organizational structure of this technical unit is as follows: 1. Technical Unit Head 2. Administration Sub Section 3. Area I Sub Unit (covering Ayau-Asia and Wayag-Sayang MPAs) 4. Area II Sub Unit (covering Mayalibit Bay and Dampier Straits MPAs) 5. Area III Sub Unit (covering Kofiau and South East Misool MPAs) This technical unit will be developed into a technical unit that applies the financial management system of a regional public service body. Why? The main and fundamental reasons are the flexibility allowed regional public service bodies pursuant to Regulation of the Minister of Home Affairs 61/2007 that other forms of governance bodies in Indonesia do not have: 1. Regional public service bodies are allowed to manage their own finances, without having to deposit monies, such as revenues received from levies, in the State Treasury; 2. The management and staff of regional public service bodies can be made up of civil servants and non civil servants or professionals; 3. Regional public service bodies are allowed to manage debts and receivables; 4. Regional public service bodies are allowed to manage investments; 5. Regional public service bodies are allowed to procure goods and services; 6. Regional public service bodies are allowed to manage goods; 7. Regional public service bodies are allowed managed surpluses/deficits; 8. Regional public service bodies have the authority to work in collaboration with third parties. The Raja Ampat District Government is still working with the staff of the Technical Unit of the Marine and Fisheries Agency for the Raja Ampat Marine Protected Area towards creating a regional public service body.

12 In line with the goal of the formation of the Raja Ampat MPA Governance Structure, implications of this governance structure for the management of Raja Ampat MPA have to do with the management function of the six MPAs in Raja Ampat. The main management tasks that will be undertaken by this governance structure are: 1. Planning the management of Raja Ampat MPA (ecological, economic, and socio-cultural) 2. Monitoring and evaluation 3. Networking 4. Patrolling (including strengthening patrols by local communities) 5. Communication and education 6. Coordination 7. Developing adaptive management 8. Funding With this governance structure, management of Raja Ampat MPA will be integrated by this unit through at least eight main tasks, as described above. As such, it is expected that each MPA in Raja Ampat will be managed in an integrated and professional manner, and have strong support from Raja Ampat District Government and national government, including official and sustainable funding support.

13 RAJA AMPAT MARINE PROTECTED AREA TECHNICAL UNIT UNIT HEAD Functional Positions Administration Sub Unit Area I Sub Unit Ayau-Asia MPA and Wayag-Sayang MPA (non structural) Area II Sub Unit Mayalibit Bay MPA and Dampier Straits MPA (non structural) Area III Sub Unit Kofiau-Boo MPA and Misool MPA (non structural) Enacted in Waisai On 16 November 2009 RAJA AMPAT DISTRICT HEAD, Drs. MARCUS WANMA, M.Si

14 With the formation of the Technical Unit of the Marine and Fisheries Agency for the Raja Ampat Marine Protected Area, several key points can be noted from this process: there is strong concern, support and commitment from Raja Ampat District Government regarding the efforts to protect the wealth of marine biodiversity in Raja Ampat. This is substantiated by the issue of policies and legal products that support the management of the MPAs and the formation of a governance structure for the management of the MPAs in Raja Ampat. The Raja Ampat District Government, and Government in Jakarta, namely the Ministry of Marine and Fisheries and the Ministry of Home Affairs, the private sector, indigenous communities, religious institutions, and NGOs have all shown great concern and support for the management of the Raja Ampat MPA and for the development of its governance structure. Therefore, this process has taught all those involved the important lesson that implementation of a conservation program cannot be carried out unilaterally, but requires the building of strong partnerships and collaboration in order that what has been planned can be implemented effectively.