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Aliansi Masyarakat Adat Nusantara Indigenous Peoples Alliance of the Archipelago aman .or.id

Introductory Remarks “The Role of Indigenous Peoples as Customary Right Holders” Abdon Nababan. Aliansi Masyarakat Adat Nusantara Indigenous Peoples Alliance of the Archipelago www. aman .or.id. An Overview …. Indonesia is an archipelagic country of more than 17,000 islands.

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Aliansi Masyarakat Adat Nusantara Indigenous Peoples Alliance of the Archipelago aman .or.id

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  1. Introductory Remarks “The Role of Indigenous Peoples as Customary Right Holders” Abdon Nababan Aliansi Masyarakat Adat Nusantara Indigenous Peoples Alliance of the Archipelago www.aman.or.id

  2. An Overview….. • Indonesia is an archipelagic country of more than 17,000 islands. • Mega-biodiversity – 47 major types of ecosystem. • Total population: 219 millions (2005) • Mega-cultural diversity – more than 1000 ethnic and sub-ethnic groups • No data to indicate the population of each ethnic groups – Based on BPS data (2000): only 14 major ethnic groups which has population more than 1 million: Java, Sunda, Melayu, Madura, Batak, Minangkabau, Betawi, Bugis, Banjar, Banten, Bali, Sasak, Makassar and Cirebon (Suryadinata, 2003).

  3. Indigenous Population...... 1st National Congress of Indonesia’s indigenous peoples, 1999

  4. Indigenous Population….. AMAN’s First Congress, 17 March 1999 : “Indigenous communities are a group of people who have lived in their ancestral domain for generations, have sovereignty over the land and natural resources, govern their community by customary law and institution which sustain the continuity of their livelihood.” Based on this definition, AMAN estimates total of Indigenous Peoples (masyarakat adat) population in Indonesia is 50 – 70 millions people, 23%-32% of total population Presidential Decree No. 111/1999 and Social Ministry Decree No.06/PEGHUK/2002 : “Isolated indigenous community (Komunitas Adat Terpencil – KAT) is a local social (culture) group and spread-out as well as lack of or doesn’t have access in networking and social, economic and politic public service as well.” Based on this definition, total population of “Indigenous Peoples” in Indonesia according to Dirjen KAT is 1,1 millions people.

  5. The Number and Distribution of AMAN Community Member (1163, August 2009) 431 169 253 45 56 147 41

  6. Problems • In the early 1970s, diverse traditional system still dominated the natural resources management in all over Indonesia, especially in outer Java. Most forest were still closely intact, except for eastern part of North Sumatera which had been converted to large scale plantations since the Dutch Colonial time • Drastic indigenous land conversion took place in early 1970s when the New Order Regime stipulated commercial logging scheme through forestconcession system, followed by mining and plantation, and confided more with corporate rather than with indigenous peoples to manage the forest • Forest is continuously depleting which consequently in turn weakening indigenous community’s forest practices and cultures.

  7. In the history of forest management in Indonesia, land tenure conflicts between the government and the company having concession permits versus indigenous communities keep repeating. Triggered by lack of recognition on land tenure rights and customary forest ownership. Indigenous territories and forests has been seized for exploitation activities which has contribute most to carbon emission. Map of conflicts on forest Data Base HuMa dan Forest Watch Indonesia

  8. Indigenous Solution • IPs has the strongest motives and motivation of values to protect their forest and territories ---- preserve their sustainable livelihoods. • IPs has traditional wisdoms on how to prevent and manage natural resources within their territories. • IPs have customary laws in regulating these resource, which has to be revitalize and strengthen. • IPs has their own institution/structure to make collective decision s and govern their self as community • IPs maintain and practice collective/communal rights to forest land • Low carbon economy/lifestyle

  9. Current National Legal Framework: Positive laws, policies and programs..... • The diversity of indigenous cultures is acknowledged in national motto “Bhinneka Tunggal Ika”, Unity in Diversity. • UUD/Constitution of 1945 in article 18B point (2) (2th Amendment, 1999) stated that traditional rights of indigenous community (“masyarakat hukum adat”) to govern and regulate their peoples and manage their resources is recognized and respected by the State. • Article 28I point (3) of the Constitution (2th Amendment, 1999) also stated that cultural identity and traditional rights of indigenous community is respected and protected by the State as human rights.

  10. Current National Legal Framework: Positive laws, policies and programs..... • Peoples Assembly Decision (TAP MPR) No. IX/MPR/2002 on Agrarian Reformed and Natural Resource Management. Article 4 point (j) declares that “Agrarian reform and Natural Resource Management must be implemented based on the principal of: recognition, respect and protection over the customary rights of indigenous peoples and the diversity of nation’s culture over the agrarian and natural resources.” • MPR have also mandatedto the President and the National Parliament to review all the laws and bills as the base in implementing the reformed of agrarian laws and natural resources in Indonesia • Until now there is no review have been done

  11. Current National Legal Framework: Positive laws, policies and programs..... • Law No. 39/1999 on the Human Rights which states the rights of the indigenous peoples, including the right to land (hak ulayat) as human rights • Law No 32/2005 on Local Government which accommodates the indigenous “village-level” autonomy or similar system according to the local traditional custom and culture • Law No 21/2001 on Special Autonomy for Papua which declares the rights of indigenous peoples as the consideration in appointing the specific autonomy for Papua • Law No. 5/1994 on the ratification of the UN Convention on Biological Diversity

  12. Current National Legal Framework: Positive laws, policies and programs..... • Law No…..on the ratification of UN Convention on Elimination of All Kind of Racial Discrimination (UN CERD) • Law No. 27/2007 on Coastal and Small Islands Management. The law recognizes the rights of indigenous peoples to control and manage coastal and small islands and recognizes indigenous knowledge as an important aspect in the protection of the coastal areas and small islands. This law adopted AMAN’s term and definition of IPs • Law No. 32/2009 on Environmental Protection and Management. This law adopted AMAN’s definition of IPs and mandated to establish national and local policy on IPs right and tradional knowledge .

  13. Current National Legal Framework: Positive laws, policies and programs..... • There is the Constitutional Court to review national law • The legislation process at provincial and regency level since 2000 to 2008: identified 56 local regulations -- 9 relate to land and natural resources & 47 related to indigenous institutions

  14. Current National Legal Framework: Negative laws, policies and programs..... • Law No. 41/1999 on Forestry, which is the legal instrument that has extensively use to take away millions hectares of indigenous peoples’forest land. • Mining Law, Fishery Law, Transmigration Law, Plantation Law, Water Law and Investment Law • The National Program on Agrarian Reform announced on 28 September 2006 by President Yudhoyono to allocate 8.15 million hectares of existing converted production forests to the poor. The plan was yet to be implemented • No state or government office, program and budget dealing with IPs right and interests

  15. Opportunities for further legal and policy reform..... • The political condition tend to be more democratic. This is an opportunity that can be optimizing in the next few years to build and strengthen the indigenous peoples organizations in various levels and aspects. • The decentralization policy and local autonomy open the opportunity for indigenous peoples to advocate their rights through the formal political procesess in district and provincial level.

  16. Opportunities for further legal and policy reform..... • Official Collaboration between IPOs and Government: AMAN-National Commission on HR (to implement Law No. 39/1999) and AMAN-Ministry of Environment (to implement Law No. 32/2009) • Assist the government to identify who are Indigenous Peoples in Indonesia. This is related to critical note delivered by Government of Indonesia when signing the adoption of UNDRIP. • Ancestral Domain Registration Agency (BRWA) - Launched in AMAN 11th Anniversary March 17, 2010 in Medan

  17. Opportunities for further legal and policy reform..... • PROLEGNAS 2010-2014: • To Revise National Forestry Law (UU No. 41/1999) • Draft Law on Recognition and Protection of IPs (right)

  18. Opportunities for IPs to be more effective participation in climate mitigation policy making and implementation process • AMAN is the first national independent organization in Indonesia, established by the First Congress of Indigenous Peoples of the Archipelago (KMAN) in 1999. • AMAN, with the strong support from the national and local NGOs and its network have accelerate the wide spread of the movement in almost part of the archipelago • There are 1163 indigenous communities organized through 17 regional chapters and 33 local chapter of AMAN

  19. IPOs Challenges • The capacity of the activists of the indigenous communities is very diverse, in terms of knowledge as well as skills to manage their organizations and international donor supported projects • The capacity of the indigenous peoples organizations in different areas are varied, there are a lot of good organizational system that they already take place but there are also a lot of them that are still weak. • Information and communication: too centralized, unaccessable, too costly for IPO

  20. PROFILES OF INDIGENOUS PEOPLES PROGRAM FLOW SOCIAL & SPATIAL MAPPING INDIGENOUS INFORMATION CENTER DATA ANALYSIS on Spatial planning, Extractive Industries (Forestry, Mining, Plantation) No COMMUNITYMAPPING INTEGRITY OF INDIGENOUS TERRITORIES Yes PARTICIPATORY PLANNING OF INDIGENOUS TERRITORIES UPDATING OF COMMUNITY MAPS RECOGNITION OF TERRITORIAL RIGHT AND COMMUNITY SPATIAL PLANNING ACTION PLAN ON ANTICIPATING MITIGATION AND ADAPTATION STRENGTHENING INDIGENOUS COMMUNITIES AND INSTITUTIONS (Mapping, Planning, Organization, Climate Change, and Negotiation) ADVOCACY, CAMPAIGN • NOTE : • PARTICIPATORY PLANNING OF INDIGENOUS TERRITORIES: • -Spatial management plans • Economic development plans • Plans on the Anticipation towards Mitigation and Adaptation of Climate Change • STRENGTHENING INDIGENOUS COMMUNITIES AND INSTITUTIONS: • Trainings of Core Facilitators (technical and tenurial) • - Development of Service Nodes • Trainings of Nodal Facilitators • Territorial Mapping • Profiles of Indigenous Communities • Productions of participatory planning maps • Trainings of Participatory Planning Facilitators • Monitoring and Technical Assistance • Trainings on Negotiation • Trainings on Information Database • Establishment of Indigenous Information Center International Agenda on Climate Change

  21. Terimakasih Thank you

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