presentation aman meeting in kamboja

8/14/2019 Presentation AMAN Meeting in Kamboja

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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

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