PERSPECTIVES OF INDIGENOUS PEOPLES ON PERSPECTIVES OF INDIGENOUS PEOPLES ON PERSPECTIVES OF INDIGENOUS PEOPLES ON PERSPECTIVES OF INDIGENOUS PEOPLES ON

FOREST AND TENURE REFORM IN INDONESIAFOREST AND TENURE REFORM IN INDONESIAFOREST AND TENURE REFORM IN INDONESIAFOREST AND TENURE REFORM IN INDONESIA

Mina Susana Setra - AMAN

Director of AdvocacyInternational Conference on Forest Tenure,

Governance, and Enterprises12 July 2011

AMAN’s First Congress, 17 AMAN’s First Congress, 17 AMAN’s First Congress, 17 AMAN’s First Congress, 17

March 1999 :March 1999 :March 1999 :March 1999 :

“Indigenous communities are a “Indigenous communities are a “Indigenous communities are a “Indigenous communities are a

group of people who have lived group of people who have lived group of people who have lived group of people who have lived

in their ancestral land for in their ancestral land for in their ancestral land for in their ancestral land for

generations, have sovereignty generations, have sovereignty generations, have sovereignty generations, have sovereignty

over the land and natural over the land and natural over the land and natural over the land and natural

Presidential Decree No. Presidential Decree No. Presidential Decree No. Presidential Decree No.

111/1999 and Social Ministry 111/1999 and Social Ministry 111/1999 and Social Ministry 111/1999 and Social Ministry

Decree No. 06/PEGHUK/2002 :Decree No. 06/PEGHUK/2002 :Decree No. 06/PEGHUK/2002 :Decree No. 06/PEGHUK/2002 :

“Remote indigenous community “Remote indigenous community “Remote indigenous community “Remote indigenous community

(Komunitas Adat Terpencil (Komunitas Adat Terpencil (Komunitas Adat Terpencil (Komunitas Adat Terpencil –––– KAT) KAT) KAT) KAT)

is a local social (culture) group and is a local social (culture) group and is a local social (culture) group and is a local social (culture) group and

spreadspreadspreadspread----out as well as lack of or out as well as lack of or out as well as lack of or out as well as lack of or over the land and natural over the land and natural over the land and natural over the land and natural

resources, govern their resources, govern their resources, govern their resources, govern their

community by customary law and community by customary law and community by customary law and community by customary law and

institution which sustain the institution which sustain the institution which sustain the institution which sustain the

continuity of their livelihood.”continuity of their livelihood.”continuity of their livelihood.”continuity of their livelihood.”

Based on this definition, AMAN Based on this definition, AMAN Based on this definition, AMAN Based on this definition, AMAN

estimates total of Indigenous estimates total of Indigenous estimates total of Indigenous estimates total of Indigenous

Peoples population in Indonesia Peoples population in Indonesia Peoples population in Indonesia Peoples population in Indonesia

is 50 is 50 is 50 is 50 –––– 70 millions people.70 millions people.70 millions people.70 millions people.

spreadspreadspreadspread----out as well as lack of or out as well as lack of or out as well as lack of or out as well as lack of or

doesn’t have access in networking doesn’t have access in networking doesn’t have access in networking doesn’t have access in networking

and social, economic and politic and social, economic and politic and social, economic and politic and social, economic and politic

public service as well.”public service as well.”public service as well.”public service as well.”

Based on this definition, total Based on this definition, total Based on this definition, total Based on this definition, total

population of Indigenous Peoples population of Indigenous Peoples population of Indigenous Peoples population of Indigenous Peoples

in Indonesia according to Dirjen in Indonesia according to Dirjen in Indonesia according to Dirjen in Indonesia according to Dirjen

KAT is 1,1 millions people. KAT is 1,1 millions people. KAT is 1,1 millions people. KAT is 1,1 millions people.

IPs in INDONESIAIPs in INDONESIAIPs in INDONESIAIPs in INDONESIA, AMAN MEMBER

(1163; August 2009)

169431

41

45

147

25356

INDIGENOUS

PEOPLES’ LAND

CONCEPT

INDIGENOUS PEOPLES INDIGENOUS PEOPLES INDIGENOUS PEOPLES INDIGENOUS PEOPLES

CONCEPT ON LAND : CONCEPT ON LAND : CONCEPT ON LAND : CONCEPT ON LAND :

LAND IS MOTHERLAND IS MOTHERLAND IS MOTHERLAND IS MOTHER

LAND IS BLOODLAND IS BLOODLAND IS BLOODLAND IS BLOOD

LAND IS SOULLAND IS SOULLAND IS SOULLAND IS SOUL

LAND IS LIFE LAND IS LIFE LAND IS LIFE LAND IS LIFE

Forest and Indigenous Peoples Forest and Indigenous Peoples Forest and Indigenous Peoples Forest and Indigenous Peoples

� Forest and territories cannot be separated.

� For millennia indigenous peoples have drawn on

their traditional knowledge to strengthen their

resilience and demonstrate their capacity in

territorial and

forest management.forest management.

� Forest assured food security for Indigenous peoples

� Source of medicines

� Forest is Identity

� Forest is the “home” of Ancestors, “They are the owner, we are the guardian”

Forest and Indigenous PeoplesForest and Indigenous PeoplesForest and Indigenous PeoplesForest and Indigenous Peoples

� Bred diverse crops and

developed diverse

cropping patterns.

� Sustained communal

water management and water management and

harvesting systems for

drinking and irrigation

� Sustainable traditional

agriculture and agro-

forestry practices.

EXAMPLES :EXAMPLES :EXAMPLES :EXAMPLES :Territorial Management Territorial Management Territorial Management Territorial Management

in Menua Sungai Utik in Menua Sungai Utik in Menua Sungai Utik in Menua Sungai Utik

of Iban Peoples, West of Iban Peoples, West of Iban Peoples, West of Iban Peoples, West

KalimantanKalimantanKalimantanKalimantan

Indigenous Territory Indigenous Territory Indigenous Territory Indigenous Territory

in the Concept of Dayak in the Concept of Dayak in the Concept of Dayak in the Concept of Dayak

Iban In West Kalimantan,Iban In West Kalimantan,Iban In West Kalimantan,Iban In West Kalimantan,

Indonesia known as Indonesia known as Indonesia known as Indonesia known as Indonesia known as Indonesia known as Indonesia known as Indonesia known as

Menua. The management Menua. The management Menua. The management Menua. The management

of Menua divided into :of Menua divided into :of Menua divided into :of Menua divided into :

• Base on Land Used Base on Land Used Base on Land Used Base on Land Used

• Base on Territorial Base on Territorial Base on Territorial Base on Territorial

Allocation Allocation Allocation Allocation

• Base on Function Base on Function Base on Function Base on Function

BASE ON LAND USED

EXAMPLES Con’t :EXAMPLES Con’t :EXAMPLES Con’t :EXAMPLES Con’t :

Territorial Management in Menua Sungai Utik of Iban Peoples, Territorial Management in Menua Sungai Utik of Iban Peoples, Territorial Management in Menua Sungai Utik of Iban Peoples, Territorial Management in Menua Sungai Utik of Iban Peoples,

West KalimantanWest KalimantanWest KalimantanWest Kalimantan

BASED ON TERRITORIAL

ALLOCATION

• 4.000 Ha. Protected 4.000 Ha. Protected 4.000 Ha. Protected 4.000 Ha. Protected AreasAreasAreasAreas

• 2.000 Ha. Reserve 2.000 Ha. Reserve 2.000 Ha. Reserve 2.000 Ha. Reserve ForestForestForestForest

EXAMPLES Con’t : EXAMPLES Con’t : EXAMPLES Con’t : EXAMPLES Con’t :

Territorial Management in Menua Sungai Utik of Iban Peoples, Territorial Management in Menua Sungai Utik of Iban Peoples, Territorial Management in Menua Sungai Utik of Iban Peoples, Territorial Management in Menua Sungai Utik of Iban Peoples,

West KalimantanWest KalimantanWest KalimantanWest Kalimantan

ForestForestForestForest

• 1.600 Ha. Production 1.600 Ha. Production 1.600 Ha. Production 1.600 Ha. Production Forest Forest Forest Forest

• 1.835,50 Ha. Non 1.835,50 Ha. Non 1.835,50 Ha. Non 1.835,50 Ha. Non Forest TerritoriesForest TerritoriesForest TerritoriesForest Territories

BASED ON FUNCTION

• Farming Areas

• Hunting Areas

• Areas for Wood and

EXAMPLES Con’t : EXAMPLES Con’t : EXAMPLES Con’t : EXAMPLES Con’t :

Territorial Management in Menua Sungai Utik of Territorial Management in Menua Sungai Utik of Territorial Management in Menua Sungai Utik of Territorial Management in Menua Sungai Utik of

Iban Peoples, West KalimantanIban Peoples, West KalimantanIban Peoples, West KalimantanIban Peoples, West Kalimantan

• Areas for Wood and Herbal/Medicines Collection

• Reserved Forest

• Areas for Hunting and Fishing

Forest Issues to Indigenous PeoplesForest Issues to Indigenous PeoplesForest Issues to Indigenous PeoplesForest Issues to Indigenous Peoples

� Forestry Law No. 41/1999, claimed that Customary

Forests

are State Forest – it has been misused for take over

economic resources from Indigenous territories for big

private companies.

� Extractive Forest Policies does not give chance for � Extractive Forest Policies does not give chance for

Indigenous Peoples’ traditional knowledge, to manage

their

forest sustainably.

� Other policies that has major impacts to forest, such as

Law

No. 18/2003 on Plantation and Law on Extractive

Industry,

has no sinergy with Forestry Law, neither recognize Ips

Rights on forest and territories.

Forest Issues to Indigenous PeoplesForest Issues to Indigenous PeoplesForest Issues to Indigenous PeoplesForest Issues to Indigenous Peoples

� Centralistic Approach on Forest Management – Law

No.

32/2003 on Regional Autonomy, does not manage this.

� Diversity to monoculture – detach IPs from their

spiritual

relationship with forest – lost of cultural identity.relationship with forest – lost of cultural identity.

� No data based on Customary Forest and Indigenous

Territories (Ancestral Domain).

� Trend on Western Conservation Model – No access to

forest and forest resources for Indigenous

Communities,

� Criminalization to Indigenous Communities who trying

to

protect their forest and territories.

• The Forestry Law No. 41/1999 have to be revised and The Forestry Law No. 41/1999 have to be revised and The Forestry Law No. 41/1999 have to be revised and The Forestry Law No. 41/1999 have to be revised and recognize and protect the rights of Indigenous Peoples on recognize and protect the rights of Indigenous Peoples on recognize and protect the rights of Indigenous Peoples on recognize and protect the rights of Indigenous Peoples on forest;forest;forest;forest;

• The Forestry Law, Plantation Law, Law on extractives The Forestry Law, Plantation Law, Law on extractives The Forestry Law, Plantation Law, Law on extractives The Forestry Law, Plantation Law, Law on extractives industries have to be in line with the Law on Regional industries have to be in line with the Law on Regional industries have to be in line with the Law on Regional industries have to be in line with the Law on Regional Autonomy.Autonomy.Autonomy.Autonomy.

• Indigenous Peoples’ Rights has not yet been fully Indigenous Peoples’ Rights has not yet been fully Indigenous Peoples’ Rights has not yet been fully Indigenous Peoples’ Rights has not yet been fully recognized and protected. It is recognized in Law No. recognized and protected. It is recognized in Law No. recognized and protected. It is recognized in Law No. recognized and protected. It is recognized in Law No. 32/2009 on the Protection and Management of Environment 32/2009 on the Protection and Management of Environment 32/2009 on the Protection and Management of Environment 32/2009 on the Protection and Management of Environment

RECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONS

32/2009 on the Protection and Management of Environment 32/2009 on the Protection and Management of Environment 32/2009 on the Protection and Management of Environment 32/2009 on the Protection and Management of Environment and Law No. 27/2007 on Management of Coastal Areas and and Law No. 27/2007 on Management of Coastal Areas and and Law No. 27/2007 on Management of Coastal Areas and and Law No. 27/2007 on Management of Coastal Areas and Small Island, BUT NOT in Forestry Law or other Laws. It is Small Island, BUT NOT in Forestry Law or other Laws. It is Small Island, BUT NOT in Forestry Law or other Laws. It is Small Island, BUT NOT in Forestry Law or other Laws. It is Urgent to have an National Law on the Rights of Indigenous Urgent to have an National Law on the Rights of Indigenous Urgent to have an National Law on the Rights of Indigenous Urgent to have an National Law on the Rights of Indigenous Peoples. Peoples. Peoples. Peoples.

• Ensure the Free, Prior and Informed Consent on any policies Ensure the Free, Prior and Informed Consent on any policies Ensure the Free, Prior and Informed Consent on any policies Ensure the Free, Prior and Informed Consent on any policies and project related to customary forest and indigenous and project related to customary forest and indigenous and project related to customary forest and indigenous and project related to customary forest and indigenous territories. territories. territories. territories.

• ReReReRe----Organization of Ministry of Forestry. A Special Unit have Organization of Ministry of Forestry. A Special Unit have Organization of Ministry of Forestry. A Special Unit have Organization of Ministry of Forestry. A Special Unit have to be established to accommodate Customary Forest and to be established to accommodate Customary Forest and to be established to accommodate Customary Forest and to be established to accommodate Customary Forest and Ancestral Domain of Indigenous Peoples Ancestral Domain of Indigenous Peoples Ancestral Domain of Indigenous Peoples Ancestral Domain of Indigenous Peoples ---- Indigenous Indigenous Indigenous Indigenous Peoples initiatives on participatory mapping have to be Peoples initiatives on participatory mapping have to be Peoples initiatives on participatory mapping have to be Peoples initiatives on participatory mapping have to be recognized and supported through a formal registration. recognized and supported through a formal registration. recognized and supported through a formal registration. recognized and supported through a formal registration. The initiative have already been started by The Ancestral The initiative have already been started by The Ancestral The initiative have already been started by The Ancestral The initiative have already been started by The Ancestral Domain Registration Agency (BRWA);Domain Registration Agency (BRWA);Domain Registration Agency (BRWA);Domain Registration Agency (BRWA);

RECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONS

Domain Registration Agency (BRWA);Domain Registration Agency (BRWA);Domain Registration Agency (BRWA);Domain Registration Agency (BRWA);

• The Ministry of Forestry have to recognize, protect and The Ministry of Forestry have to recognize, protect and The Ministry of Forestry have to recognize, protect and The Ministry of Forestry have to recognize, protect and support traditional ways/model on forest management of support traditional ways/model on forest management of support traditional ways/model on forest management of support traditional ways/model on forest management of Indigenous Peoples; Indigenous Peoples; Indigenous Peoples; Indigenous Peoples;

• A mechanism for conflict resolution have to be established, A mechanism for conflict resolution have to be established, A mechanism for conflict resolution have to be established, A mechanism for conflict resolution have to be established, to handle conflicts over forestry issues. to handle conflicts over forestry issues. to handle conflicts over forestry issues. to handle conflicts over forestry issues.

“TERIMAKASIH”“TERIMAKASIH”“TERIMAKASIH”“TERIMAKASIH”

Credits Credits Credits Credits Photos :Photos :Photos :Photos :

• Rizaldi SiagianRizaldi SiagianRizaldi SiagianRizaldi Siagian

• Lilis Suryani, Institute DayakologyLilis Suryani, Institute DayakologyLilis Suryani, Institute DayakologyLilis Suryani, Institute Dayakology

• Edy Sutrisno, Sawit WatchEdy Sutrisno, Sawit WatchEdy Sutrisno, Sawit WatchEdy Sutrisno, Sawit Watch

• Jimmy, WWF Kalimantan BaratJimmy, WWF Kalimantan BaratJimmy, WWF Kalimantan BaratJimmy, WWF Kalimantan Barat

• Rukka Sombolinggi, AMANRukka Sombolinggi, AMANRukka Sombolinggi, AMANRukka Sombolinggi, AMAN

• Walhi Kalimantan BaratWalhi Kalimantan BaratWalhi Kalimantan BaratWalhi Kalimantan Barat

• Sujarni Alloy, AMAN Kalimantan BaratSujarni Alloy, AMAN Kalimantan BaratSujarni Alloy, AMAN Kalimantan BaratSujarni Alloy, AMAN Kalimantan Barat

• Mina Susana Setra, AMANMina Susana Setra, AMANMina Susana Setra, AMANMina Susana Setra, AMAN

• Mahir Takaka, AMANMahir Takaka, AMANMahir Takaka, AMANMahir Takaka, AMAN

• Mina Susana Setra, AMANMina Susana Setra, AMANMina Susana Setra, AMANMina Susana Setra, AMAN

Research Study on Ips of Iban in Sui Utik’s Research Study on Ips of Iban in Sui Utik’s Research Study on Ips of Iban in Sui Utik’s Research Study on Ips of Iban in Sui Utik’s

Territorial Management System : Hendro SangkoyoTerritorial Management System : Hendro SangkoyoTerritorial Management System : Hendro SangkoyoTerritorial Management System : Hendro Sangkoyo

Community Mapping Area Image, JKPPCommunity Mapping Area Image, JKPPCommunity Mapping Area Image, JKPPCommunity Mapping Area Image, JKPP

Cartoonist : Alex TegeCartoonist : Alex TegeCartoonist : Alex TegeCartoonist : Alex Tege

Art Motifs : Masyarakat Adat TorayaArt Motifs : Masyarakat Adat TorayaArt Motifs : Masyarakat Adat TorayaArt Motifs : Masyarakat Adat Toraya