the House of Representatives now preparing the
draft of the Act on the Recognition and Protection
of IPs Rights. But despite these developments,
the indigenous peoples of Indonesia are still
struggling to secure full legal recognition.
Participatory mapping has revealed alarming
overlaps among customary land, forest areas and
areas granted permits (concessions, mining, palm
oil, and industrial tree forest). 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. The Asian economic crisis of 1997/1998
saw the large-scale take-over of land – including
customary land – for commercial interests
such as the establishment of extensive palm
oil plantations. The government facilitated this
process by allowing the leasing of state lands
to foreign corporations. Unfortunately for the
indigenous peoples, part of the land that was
allocated to palm oil plantation expansion was on
their land.
Mining is another sector that has trampled on
indigenous peoples’ land rights. Since 2000,
mining activities have increased rapidly, with
Indonesia becoming the world’s largest producer
and exporter of coal by 2007 – unfortunately at
the expense of increasing conflict over land.
Recent positive steps towards upholding IPs’
land rights have been: a) the decision of the
Constitutional Court to rephrase a portion of the
Forestry Act No. 41/1999 – providing some room
for Indonesia’s indigenous peoples to obtain
legal recognition; b) the issuance of the One Map
Policy to come up with integrated spatial data
from different stakeholders including indigenous
communities; and c) the Geospatial Information
Act that allows for a customary area participatory
10
map to be taken as a thematic map and thus
become a reference in managing Indonesian
forests.
Another approach to getting indigenous peoples’
areas recognized at the national level is going
through the Indigenous People and Community
Conserved Territory and Areas (ICCAs) to
obtain support from the ICCA Consortium, an
international association dedicated to promoting
the appropriate recognition and support to ICCAs.
Also at the national level, the Indonesian House
of Representatives is preparing the draft Act on
Recognition and Protection of IP Rights; while at
the regional level, Regional Regulations on the
Recognition and Protection of IPs Rights have
begun to be issued.
Nepal
The indigenous peoples in Nepal can be divided
into two distinct regional groups: Hill IPs and Terai
IPs. The government of Nepal does not, however,
officially recognize indigenous territories or
community ownership of land.
The Constitution of 1990 and the current Interim
Constitution of Nepal of 2007 accept caste,
ethnic, linguistic and religious diversities, but fall
short of giving due rights to indigenous peoples.
As a consequence, there has been no legislation
specific to indigenous peoples. All laws, including
those on land and natural resources, have
deprived such groups of ownership, control and
use of their traditionally owned, controlled and
used ancestral lands. In 2002, the first law on
indigenous peoples was passed. However, it
mainly served to establish the Foundation for
Development of Indigenous Nationalities.
Meanwhile, nearly all of Nepal’s forests and
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)