Group to propose bill on indigenous people’s rights

The Jakarta Post, Jakarta | Wed, 08/11/2010 10:01 AM

Activists say they will plan to submit a draft bill on the rights of indigenous peoples to the House of Representatives by Aug. 20.

“Aside from the draft bill, we will present legislators with legal reviews, academic analysis, and summaries of issues related to Indonesia’s indigenous peoples,” Mahir Takaka, director of economic and socio-cultural programs for the Alliance of Archipelagic Indigenous People told The Jakarta Post on Tuesday.

The alliance was in the process of finalizing a draft bill before formally asking legislators to approve it in 2011, Mahir said.

“We presented the draft bill to the House on Nov. 11, 2009. We are still consolidating input from other communities and are documenting their recommendations and concerns,” Mahir added.

“The input will be included in the draft bill,” Mahir said, adding that legislators had promised to prioritize the bill’s deliberation as part of the 2010-2014 national legislative agenda.

It would be the nation’s first bill to recognize and protect the rights of  indigenous peoples. The bill proposes that the government and business sector are required to acknowledge and protect indigenous land rights, existing rights to natural resources, traditional laws and institutions, local knowledge and traditional social and cultural practices.

“The current laws, such as the 1999 Forestry Law and the 2007 Management of Coastal Territories and Small Islands Law only vaguely address indigenous issues,” Mahir said, adding that these laws did not provide sufficient protection for marginalized traditional communities.

The alliance is competing with a similar bill drafter by the Regional Representatives Council (DPD) Committee I, which Mahir believes does not adequately accommodate the aspirations of traditional communities.

“The draft bill circulated by the DPD committee needs revision because it doesn’t clearly define what indigenous communities actually are, nor does it consider the current state of customary land rights and philosophical perspectives,” Mahir said.  

According to the alliance, Indonesia is home to between 50 and 70 million indigenous people, which is the largest indigenous population in Asia. Most live in remote forest areas and are often in conflict with authorities and businesses due to lack of formal rights.

Indonesia has ratified the UN Declaration on the Rights of Indigenous People, but has yet to demonstrate its commitment in its national policies, alliance secretary-general Abdon Nababan said.

“The amended Constitution says the state recognizes and respects customary communities and their traditional rights. On this basis, the country must provide a legal umbrella that protects such communities and their wellbeing,” Abdon said on Aug. 9, at the commemoration of the International Day of World Indigenous Peoples held at Taman Mini Indonesia Indah (TMII) in East Jakarta. (tsy)