Such competing claims make it extremely difficult
to defend and ensure IPs’ rights over managed
areas that have been taken over by the government
through permits. Thus the struggle to get holistic
recognition for indigenous peoples continues and
to overcome the challenges will require a great
deal of time and effective strategies.
Status of IP lands and resource rights
“This earth is enough to feed any number of
people as long as it is fairly managed, but it will
never be enough to feed two or three greedy
people.”
This quote describes the feelings of the Kasepuhan
Ciptagelar indigenous peoples in West Java about
the unabated exploitation of natural resources.
(Suganda, 2009).
For indigenous people, abundant natural
resources are God’s great gifts to any generation
and there should not be any shortage if only
humans would take care of them properly.
Indigenous peoples know how to do just that due
to their belief that there must be a harmonious
relationship between man and nature.
The Kasepuhan peoples, for example, do not
know the term “production forest,” which then
makes wood a commodity. For them, a forest
is a part of life. They take care of it because it
balances the climate; it is home to animals and a
source of food and water.
The Haratai South Kalimantan indigenous peoples
share the same belief and so do the Guguk rural
communities in Jambi, Sumatra. They protect
the forest because they believe it should be kept
healthy for their children and grandchildren.
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Their views on nature are part of their cultural
worldview that nature must be protected to
ensure their sustainability. Culture is not only
seen as a mere collection of rituals but also covers
practices regarding the territory and living space
that should be preserved and maintained.
Practices of indigenous peoples of Indonesia vary
but one thing they have in common is their close
relationship with Mother Earth. They have taken
care of nature’s gifts for generations so they can
pass on what they have to their children and
grandchildren. Sustainability has always been
part of their culture, long before environmental
activities and the state had even defined the
concept of conservation.
Legal framework related to
indigenous peoples’ land rights
International laws
ILO Convention 169
ILO Convention 169 is a multilateral convention
to address indigenous people issues and it is
supposed to be legally binding in countries such
as Indonesia that have ratified it.
Among its most significant provisions is Article
5 that states that the Convention respects
indigenous/indigenous peoples institutions. It
said, for example, that “social, cultural, religious
and spiritual values and practices of these
peoples shall be recognized and protected, and
due account shall be taken of the nature of the
problems which face them both as groups and as
individuals.”
Article 6, meanwhile, states that the government
should consult with indigenous peoples through
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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