for housing and other infrastructure, has led the
government to acquire land from surrounding
rural areas – majority of which are occupied by
STs.
Dams and power plants are being constructed at
an alarming pace without concern for sustainable
development. Professionals and contractors
reap huge profits, politicians get kickbacks, while
organizations and communities who protest for
their rights are considered ‘anti-national.’ Most
such displaced communities are again STs.
Prior to that, from 1970 to 2000, large areas of
land were declared as protected areas (forest
or conservation areas) without adequate
compensation paid for those removed from
them or settlement of claims. In 2002, there
were eviction drives on a massive scale – causing
widespread unrest among those who lost their
rights, resources or were relocated, and leading to
mass movements and resistance to government
laws and policies.
There have been positive developments, however.
The Panchayat Extension to the Schedule Areas
(PESA) Act, 1996 was enacted, conceding to the
long-standing demand for tribal control over
productive land and forest. More recently, due to
greater awareness about land rights among IPs and
other forest dwellers, the demand for land titles
and speedy implementation of the Forest Rights
Act of 2006 has increased. Government is also
under pressure to follow up the Memorandum of
Understanding (MoU) signed by the Minister for
Rural Development with participants of the Jan
Satyagraha, the non-violent footmarch which
highlighted the issue of land rights of IPs and
received widespread media coverage.
Similarly
encouraging
have
been
the
establishment of a separate Ministry of Tribal
“The IPs need to be at the
forefront of mobilization and
advocacy efforts for their own
rights and need appropriate
platforms to voice their
concerns.”
Affairs in October 1999; the formation of
Integrated Tribal Development Project (ITDPs) in
areas where the ST population is more than 50%;
and the passage of The Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006.
Indonesia
The country’s Basic Agrarian Law (BAL), passed
in 1960, officially recognized the existence of
indigenous communities. In specific articles, it
described the rights of indigenous and tribal
peoples over customary land, and further
stated that the agrarian law that applies to the
earth, water and air space is customary law, to
the extent that it is not contrary to national and
state interests. There was even a provision that
third parties should secure temporary transfer
of customary land rights each time they use
customary lands. However, such provisions were
later undermined by the passage of the Basic
Forestry Law and the Basic Mining Law both in
1967.
A breakthrough came in 1999, when the Aliansi
Masyarakat Adat Nusantara (AMAN)/National
Alliance of Indigenous Peoples emerged to defend
the rights of marginalized indigenous peoples.
More significant victories followed, leading to
Lok Niti
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