Key opportunities and strategies to advance
indigenous peoples’ customary rights
The decision of the Constitutional Court to
remove the phrase “customary forest as state
forest” from the Forestry Act No. 41/1999 and
replace it with “customary forest is forest located
inside indigenous peoples’ area” is a big victory
in the campaign to get indigenous peoples’ land
rights recognized. Such a decision provides some
room for indigenous peoples to get recognition
for their rights over the land where they live and
with which they have close cultural ties.
Realizing that more has to be done, the IP
community continues to work hard for the
passage of an Act that recognizes and protects IP
rights.
Also providing a ray of hope is the Indonesian
Constitutional Court Decision No.45/PUUIX/2011 on forest area. It pushed the government
to accelerate the forest area establishment
processes.
Likewise cheered was the issuance of the One
Map Policy to come up with integrated spatial
data from different stakeholders including
indigenous communities. Through this policy,
community data will be included in the base
maps to be integrated into the One Map.
In line with this policy, indigenous peoples and
AMAN in particular, together with JKPP, stepped
up participatory mapping in IP areas.
JKPP notes that, as of December 2013, the
participatory mapped area covered 5,263,058.28
ha. Of the number, 4,973,711.79 ha are under
customary right. Further, if the data of customary
land are overlapped with forest area map data,
Figure 1. Land uses within the indigenous territory
(JKPP.2013)
approximately 81% or 4,050,231.18 ha forest
area are located inside customary land.
It means that only 19% of the area is left for the
IPs to control as their customary areas.
It is also worth noting that close to half of the
customary area is covered by permits given to the
forestry, mining and palm oil sectors (Widodo,
2014).
The major challenge left following the spread
and acceleration of participatory mapping is the
recognition of those maps by the government.
Another problem still faced today in the
establishment of forest areas and in solving the
overlap in Land Cultivation Rights Titles is the
need for matching spatial information that can be
the common basis for argument of the different
stakeholders.
There is also difficulty in getting the participatory
mapping of customary areas inputted in the
Jaringan Data Spasial Nasional (JSDN) or
the National Spatial Data Network. Thus, to
accelerate the process of recognizing customary
Lok Niti
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