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INDIGENOUS PEOPLES ININDONESIA
OVERVIEW, ALIANCE & MOVEMENT
Sovereignty, Prosperity and Dignity of Indigenous
PeoplesRe-finding the relation between the State and Indigenous
Peoples
By Arifin Saleh ( AMAN )
Arifin Saleh - AMAN
Cambodia, 20 October, 2009
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WHO ARE INDIGENOUSWHO ARE INDIGENOUS
PEOPLES?PEOPLES?
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FOUR MAIN ELEMENTS Peoples : Sprituality, values, manner, attitude which
distinguish social group one to another.
Territory : Land, forest, sea and other natural resourcesare not only seen from its economic values, but most
related to religious system and social-cultural.
Traditional Wisdom & Knowledge : Not only to preserve,but also to be enrich, develop as needed to sustainablelives.
Rules and Social Arrangement (Traditional Law &Institution) : Many has been degraded and disregard toHuman Rights and undemocratic.
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AMANs First Congress, 17
March 1999 :
WE WILL NOT RECOGNIZETHE STATE IF STATE DONOT RECOGNIZE US
Indigenous communities are a
group of people who have lived in
their ancestral land for
generations, have sovereignty
over the land and natural
resources, govern their
community by customary law and
institution which sustain thecontinuity of their livelihood.
Based on this definition, AMAN
estimates total of Indigenous
Peoples population in Indonesia is
50 70 millions people.
Presidential Decree No. 111/1999and Social Ministry Decree No.
06/PEGHUK/2002 :
Remote indigenous community
(Komunitas Adat Terpencil KAT) is
a local social (culture) group andspread-out as well as lack of or
doesnt 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.
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ALIANSI MASYARAKAT ADAT NUSANTARA (AMAN)THE INDIGENOUS PEOPLES ALLIANCE OF THE
ARCHIPELAGO
The Indigenous Peoples Alliance of the Archipelago (AMAN) is an
independent social organisation comprised of Indigenous communities
and organisations from various parts of the Indonesian Archipelago.
AMAN is a forum for the struggle of Indigenous Peoples in matters
relating to upholding the Rights of Indigenous Peoples in politics, social,
economy, cultural and natural resources through just and sustainable
ways.
AMAN was founded in 1999 as a result of the March 1999 Congress of
the Indigenous Peoples of the Archipelago and was declared on March 17
1999 in Jakarta. Since then, AMAN has held a second Congress in
Lombok, September 2003 and a third Congress in Pontianak, March
2007.
AMANs VISION :
The realisation of an Indigenous life which is sovereign, just, prosperous,
valuable and democratic
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Indigenous Peoples of AMAN Members( Total 1163 Community)
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Main problems related IndigenousLand Rights Indigenous
1. Expansion and Extension of HTI concession, HGU (most
cases expansion of oil palm plantations)
2. Land market, replaced by a system of communal land into
individual land system through certification model
3. Rights states blured out on the indigenous peoples' rights ..Example Law no 41 about Forestry, Law no. 18/2004
about Plantation
4. The Human rights violations unresolved and so even
growing, especially in the plantation areas are taking thelands of indigenous peoples
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Transfer Function Scheme onLand indigenous Peoples
1. Transmigration schemes>> system built by the government tobring a group of people from one region to the area of
indigenous peoples to manage and gain control lands of
indigenous peoples become the property of an individual without
the consent of indigenous peoples
2. Certification Scheme>> system built by the state to declare the
rights of land ownership are a guarantee for indivual with the
legalization of land for the benefit of land Market
3. Granting Concession Scheme>> system built by the state in
lands where indigenous peoples are given for the benefit of
large-scale plantation companies, Maining
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5. Spatial reconstruction schemes>> that the system
built by the state land-taking of indigenous landsfor the expansion like National Park, Airport
Development , Industrial area, government offices
etc.
6. Occupational Schemes>> system built by a group
of people to take by force the lands of indigenous
peoples ... for example, a landlord group (ex.
kingdom), political parties, the Mafia land to
project developer
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CASE STUDY IN CUSTOMARY LAND RIGHT DISTRICTLUSAN MUARA KOMAM KAB. PASER-KALTIM
IPs area Lusan (53.542 Ha)IPs area Lusan (53.542 Ha)
Forest ConcervationForest Concervation(21.750,933 Ha)(21.750,933 Ha)
Forest ConssesionForest Conssesion PlantationPlantationConssesionConssesion
PT. Trimadu MurniPT. Trimadu Murni
Asri (3.026 HaAsri (3.026 Ha))
MainingMaining
conssesionconssesion
RemainderRemainder
Area of IPsArea of IPs(409 Ha)(409 Ha)
PERUSAHAAN Luas
PT. RAHAYANA INDONESIA 3081,48
PT. INTEREK SACRA RAYA 6683,06
PT. HAMISAH 21997,2
PT. SATRIA PRATAMA BERLIAN 258,9
PT. TAMINDO BUMI LESTARI 10158,07
Hasil Olahan Riza (JKPP)Hasil Olahan Riza (JKPP)
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The Government Recognition (UUD'45, TAP MPR,
Act) & the International Human Rights Standards
Cultural diversity of indigenous peoples recognized in the
national motto Bhineka Tunggal Ika".Amendment to 2 (1999) UUD 1945:
- Article 18B paragraph (2): the traditional rights of the people [law]
customary to arrange and manage their people and manage
resources are recognized and respected by the goverment
- Article 28I paragraph (3): cultural identity and traditional rights ofthe Indigeous [law] peoples respected and protected by the
Government as a human rightsTAP MPR RI No.. 9/IX/2001 - the principle of agrarian reform &
PSDA: the Government recognizes, respects and protects the
rights of the Indigenous [law] people tradition in natural resource
managementLaw No. 27 Year 2007 About Coastal area and Small Islands
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UNDRIP 13 Sept. 2007: Spared for
confirmation that Indigenous peoples have the collectiverights of (among others the most important):
Self determinationLands, territories and natural resources
Cultural and intellectual property rights
Free, Prior and Informed Consent (FPIC)
Determination of the model and forms of developmentappropriate
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UNDRIP : Right onUNDRIP : Right on FFree,ree,
PPrior &rior & IInformednformed CConcernoncern
((ArticleArticle 10, 11, 28, 29, 32)10, 11, 28, 29, 32) Article 10 - there should be no relocation without FPICArticle 11 - States must make a recovery for the Ips culturalproperty, intellectual, religion and spiritual be taken without FPIC
Article 28 - restoration of rights to land, territories and resources
controlled or used, and which has been confiscated, taken,occupied, used or damaged without FPIC.
Article 29 - there should be no stockpiling or dumping onindigenous lands and territories without the FPIC
Article 32 - FPIC should be applied prior to approval of projects
related to land, territories and natural resources of IndigenousPeoples
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UNDRIP : Article 32
1. Indigenous peoples have the rights to determine and
develop priorities and strategies for the development oruse of their land or territories and other resources.2. State shall consult and cooperate in good faith with the
indigenous peoples concerned through their ownrepresentative institutions in order to obtain their free andinformed consent prior to the approval of any project
affecting their lands or territories and other resources,particularly in connection with the development, utilizationor exploitation of mineral, water or other resources.
3. State shall provide effective mechanisms for just for justand fair redress for any such activities, and approriatemeasures shall be taken to mitigate adverseenvironmental, economic, social, cultural or spiritual
impact.
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FUTUREPAST
RANDOM DIRECTION OF INDIGENOUS PEOPLESMOVEMENT IN THE PAST
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TRANSITIONAL CONDITION ON THE CHANGINGDIRECTION OF INDIGENOUS PEOPLES
MOVEMENT
FUTUREPAST
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FUTURE CONDITION OF INDIGENOUS PEOPLESMOVEMENT
FUTUREPAST
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Consolidation Indigenous PeoplesConsolidation Indigenous Peoples
International LevelInternational Level : UN PFII: UN PFII
S h i I di P l
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Strengthening Indigenous PeoplesMovement: State of rearrangingfrom Village
Harmonization of customs territory / cultural identity withthe political territory / state administration
Recovery role [Rightholder] customary in state politically(since the colonial period until the Orde Baru /Soehartorezim already destroyed of IPs democratization system ).
Cleaning the customary practice of manipulation bypoliticians / bureaucracy and corporate - from thetraditional meeting (collective) becomes only anindividualistic affair
Organizing a stronger base and interactive from thecommunity level to district, provincial, national and
international.
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Political Struggle of AMAN Strengthening Regional Autonomy in Autonomous
Indigenous Peoples Community Advocacy Special law for the recognition, respect andlegal protection of the rights of indigenous peoples
District and Provincial PERDA: recognition andprotection as well as a special allocation for theempowerment of Indigenous Peoples institutions
Renegotiate concession rights (forests, mines,plantations, oil and gas) in accordance with theprinciples of FPIC
Revitalization and Reconstruction customaryinstitutions in each region according to the factual
condition of indigenous peoples
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Complete reform - changes in policy (rules of the law anddevelopment programs) sector inherited from the New Orderregime should be accelerated: the implementation of TAP MPR andLaw PSDA IX/2001 solved
Necessary state institutions / government agencies in charge ofbasic rights and basic needs of Indigenous Peoples: NationalCommission on Indigenous People, Ministry of the government forIndigenous Peoples.
The Government urged acceleration of the process of ratification
and implementation of international conventions, especially the ILO169 and UNDRIP
Seize the position of head of regional and parliamentary leveldistrict, provincial and national, currently there are 30 cadreindigenous peoples who are members of parliament and so thereare 3 cadre indigenous people of Bupati (head of regional areas)
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Indigenous Peoples Movement to Customary Land
Reklaiming of IPs land rights from conssesion plantations
(Government and Private Company)Re mapped areas customary lands right of indigenous peoples
Process of re-negotiations on local government and local (village
heads) for the use of the lands of IPs for the sake of development
Maintain and restore the agricultural system based on the values oftraditional knowledge
Strengthening IPs institutions to manage and regulate the interaction
between indigenous harmony with the natural resources
Maintaining the concept of land ownership / collective land right andcustomary agrarian system
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TERIMAKASIH
THANK YOU