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IP’s Claims: An Experience with FPIC

IP’s Claims: An Experience with FPIC. By Emil O. Kleden. Coverage of IP’s Claims.

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IP’s Claims: An Experience with FPIC

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  1. IP’s Claims: An Experience with FPIC By Emil O. Kleden

  2. Coverage of IP’s Claims • Varies from control over lands and natural resources (outside Java) to rights to utilize (Java); from autonomous self-governance (recognition of IP’s socio-political system of self-governance) to full responsibility of State’s to fulfill, respect, and protect IP’s rights; from consideration of the urgency of State existence to irrelevancy of State existence to their future fate;

  3. Claim to Lands and Forest • It has local character: rights to utilize; rights to manage; rights to control. • With regards to political decision making it means: depends on Govt; collaborative; self-governance (consultative to Govt)

  4. Main Considerations • Can make up a life from lands and natural resources for they have no other choice for the time being. • There should be a strong guarantee both legally and economically that their descendants will be able to make up their own life from lands and forest

  5. Community’s demands/aspirations • Legal basis for their lands/forest management system and access to lands and natural resources • Proper intervention of State/government in bridging community and business sector in terms of economic products of community (access to market) and of legal protection

  6. Challenges: internal and external • Internal organization covers up various authorities in the community and system of representation • Capacity: knowledge and skills (legal system, economic system, political system and practical skills) • Information and communication • Existing spatial planning or the one to develop by Government • Big development projects (existing and to come) • Imbalance relation: government – business and government – community • Legal recognition • Information and communication

  7. Opportunities • Community knows well about environmental and cultural landscape of the area where they live • They are willing to work with other stakeholders: what they need is only the clarity of their rights • They have important role in building peace relationship with other stakeholders • International, Regional, and National common concern to combat poverty; to peace building; to recognition of IP’s rights

  8. Experience with fpic • Communities, Government and companies were able to come up with their common solution: community could lower down their demands when companies showed strong commitment while (local) government could play their role as regulator in proper ways. The effective way is that each parties were provided with challenges and opportunities in an open discussions

  9. Conclusion

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