Presentation Aman Meeting In Kamboja

INDIGENOUS PEOPLES IN INDONESIA OVERVIEW, ALIANCE & MOVEMENT

“Sovereignty, Prosperity and Dignity of Indigenous Peoples” Re-finding the relation between the State and Indigenous Peoples By Arifin Saleh ( AMAN )

Arifin Saleh - AMAN Cambodia, 20 October, 2009

WHO ARE INDIGENOUS PEOPLES…?

FOUR MAIN ELEMENTS • Peoples : Sprituality, values, manner, attitude which distinguish social group one to another. • Territory : Land, forest, sea and other natural resources are 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 sustainable lives. • Rules and Social Arrangement (Traditional Law & Institution) : Many has been degraded and disregard to Human Rights and undemocratic.

AMAN’s First Congress, 17 March 1999 : “WE WILL NOT RECOGNIZE THE STATE IF STATE DO NOT 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 the continuity of their livelihood.” Based on this definition, AMAN estimates total of Indigenous Peoples population in Indonesia is 50 – 70 millions people.

Presidential Decree No. 111/1999 and Social Ministry Decree No. 06/PEGHUK/2002 : “Remote 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.

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. AMAN’s VISION : “The realisation of an Indigenous life which is sovereign, just, prosperous, valuable and democratic”

Indigenous Peoples of AMAN Members ( Total 1163 Community)

Main problems related Indigenous Land 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 the lands of indigenous peoples

Transfer Function Scheme on Land indigenous Peoples 1. Transmigration schemes>> system built by the government to bring 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

5. Spatial reconstruction schemes>> that the system built by the state land-taking of indigenous lands for 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

CASE STUDY IN CUSTOMARY LAND RIGHT DISTRICT LUSAN MUARA KOMAM KAB. PASER-KALTIM IPs area Lusan (53.542 Ha)

Maining conssesion PERUSAHAAN

Forest Concervation (21.750,933 Ha)

Luas

PT. RAHAYANA INDONESIA PT. INTEREK SACRA RAYA PT. HAMISAH PT. SATRIA PRATAMA BERLIAN PT. TAMINDO BUMI LESTARI

Remainder Area of IPs (409 Ha)

Forest Conssesion

Plantation Conssesion PT. Trimadu Murni Asri (3.026 Ha)

Hasil Olahan Riza (JKPP)

3081,48 6683,06 21997,2 258,9 10158,07

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 of the Indigeous [law] peoples respected and protected by the Government as a human rights TAP 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 management Law No. 27 Year 2007 About Coastal area and Small Islands

UNDRIP 13 Sept. 2007:

Spared for confirmation that Indigenous peoples have the collective rights of (among others the most important):  Self determination Lands, territories and natural resources Cultural and intellectual property rights Free, Prior and Informed Consent (FPIC) Determination of the model and forms of development appropriate

UNDRIP : Right on Free, Prior & Informed Concern (Article 10, 11, 28, 29, 32) • Article 10 - there should be no relocation without FPIC Article 11 - States must make a recovery for the Ips cultural property, 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 on indigenous 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 Indigenous Peoples

UNDRIP : Article 32 1. Indigenous peoples have the rights to determine and develop priorities and strategies for the development or use of their land or territories and other resources.  2. State shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. State shall provide effective mechanisms for just for just and fair redress for any such activities, and approriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

RANDOM DIRECTION OF INDIGENOUS PEOPLES’ MOVEMENT IN THE PAST

PAST

FUTURE

TRANSITIONAL CONDITION ON THE CHANGING DIRECTION OF INDIGENOUS PEOPLES’ MOVEMENT

PAST

FUTURE

FUTURE CONDITION OF INDIGENOUS PEOPLES’ MOVEMENT

PAST

FUTURE

Consolidation Nasional Level : AMAN

Consolidation Indigenous Peoples International Level : UN PFII

Strengthening Indigenous Peoples Movement: State of rearranging from Village • Harmonization of customs territory / cultural identity with the political territory / state administration • Recovery role [Rightholder] customary in state politically (since the colonial period until the Orde Baru /Soeharto rezim already destroyed of IPs democratization system ). • Cleaning the customary practice of manipulation by politicians / bureaucracy and corporate - from the traditional meeting (collective) becomes only an individualistic affair • Organizing a stronger base and interactive from the community level to district, provincial, national and international.

Political Struggle of AMAN • Strengthening Regional Autonomy in Autonomous Indigenous Peoples Community • Advocacy Special law for the recognition, respect and legal protection of the rights of indigenous peoples • District and Provincial PERDA: recognition and protection as well as a special allocation for the empowerment of Indigenous Peoples institutions • Renegotiate concession rights (forests, mines, plantations, oil and gas) in accordance with the principles of FPIC • Revitalization and Reconstruction customary institutions in each region according to the factual condition of indigenous peoples

• Complete reform - changes in policy (rules of the law and development programs) sector inherited from the New Order regime should be accelerated: the implementation of TAP MPR and Law PSDA IX/2001 solved • Necessary state institutions / government agencies in charge of basic rights and basic needs of Indigenous Peoples: National Commission on Indigenous People, Ministry of the government for Indigenous Peoples. • The Government urged acceleration of the process of ratification and implementation of international conventions, especially the ILO 169 and UNDRIP • Seize the position of head of regional and parliamentary level district, provincial and national, currently there are 30 cadre indigenous peoples who are members of parliament and so there are 3 cadre indigenous people of Bupati (head of regional areas)

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 of traditional 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 and customary agrarian system

TERIMAKASIH

THANK YOU