their representatives regarding policies that
affect them.
To apply the provision, governments shall,
among other directives under this article,
“consult the peoples concerned, through
appropriate procedures and in particular through
their representative institutions, whenever
consideration is being given to legislative or
administrative measures which may affect them
directly.”
“During the Dutch colonial
period, inidgenous peoples’
rights in Indonesia were actually
recognized.”
the difference in rights recognition, in seeing
themselves, and in the way of obtaining respect.
Then there is Article 7 that states that indigenous
peoples “shall have the right to decide their
own priorities for the process of development
as it affects their lives, beliefs, institutions and
spiritual well-being and the lands they occupy
or otherwise use, and to exercise control, to the
extent possible, over their own economic, social
and cultural development.”
The UN Declaration includes 24 preamble
paragraphs and 46 articles that mention and
explain international human rights of indigenous
peoples. Some are vital in relation to land tenure,
area and resources; that indigenous people
should not be detached from their land and area;
and that the State should provide legal recognition
and protection over IPs’ land, area and resources.
Also essential is Article 8 which stipulates that
“in applying national laws and regulations to the
peoples concerned, due regard shall be had to
their customs or customary laws.”
The recognition must be implemented with full
respect to custom, tradition and land tenure of
the indigenous people. Also that indigenous
people and each individual own the right not to be
a victim of culture annihilation and destruction.
UN Declaration on the Rights
of Indigenous Peoples (UNDRIP)
UNDRIP is an international human rights
instrument that set the minimum standard to
guarantee indigenous peoples’ collective rights.
In 2007, the UN General Assembly adopted the
Declaration and, in the same year, Indonesia
ratified the UNDRIP as well. The adoption was
the result of years of discussion and negotiation
between the government and indigenous people.
The declaration emphasized that indigenous
people are equal with other people, despite
The Declaration is not a legally binding instrument,
but it emphasizes the rights in international human
rights agreements. Most UN member countries
agreed to the content of the Declaration. Thus,
the people of a state can employ the Declaration
to request the government to fulfill its obligation
in recognizing and protecting indigenous peoples’
rights as stated in the articles.
National laws, policies, programs,
structures, and mechanisms
During the Dutch colonial period, indigenous
peoples’ rights in Indonesia were actually
recognized. In 1829, Article 11 of the Algemeene
Lok Niti
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