The government is likely to recognize communal rights and the crucial role of tribal people in environmental management and protection, says State Environment Minister Gusti Muhammad Hatta.
Speaking at a workshop on communal rights jointly organized by the State Environment Ministry and the Alliance of Archipelagic Indigenous People (AMAN) here on Thursday, Hatta said that recognizing communal rights was crucial to understanding the communal rights of tribal communities and ending frequent conflict between tribes and mining and forestry companies nationwide.
So far, the Forestry Ministry and the Energy and Mineral Resources Ministry have ignored communal rights by issuing mining permits and forest concessions.
Gusti stressed the government could not turn a blind eye to the existence of tribes, as well as their role and local wisdom regarding environmental management and protection.
He therefore said the workshop was expected to provide input for a review of related public policy.
"But it does mean the indigenous people are the owners of the natural resources in the area. With such recognition, indigenous people living mostly on primary forests could further protect the environment," he said.
The workshop will review the criteria of indigenous people eligible for land ownership rights.
The AMAN claimed that of Indonesia's population of 210 million, between 50 million and 70 million people were part of customary communities earning their livelihood from forests.
AMAN's secretary general Abdon Nababan said the government continued to ignore communal rights by allowing natural resources in land traditionally occupied and managed by indigenous people to be exploited.
He said that many areas traditionally occupied by customary communities had been seized by corporations for mines and plantations without any compensation or share of the profits.
"Our stand is clear, we need a new law that acknowledges the rights of indigenous people and protects their traditional knowledge," he said.
Gusti said the recognition of indigenous people could be translated into a ministerial decree.
"But, it would then be up to local administrations to issue bylaws to regulate it," he said.
Every year conflicts arise across Indonesia between tribal communities and corporations occupying their communal land and forests.
The country has several laws including the 2009 Mining Law and the 1999 Forestry Law, which stipulate concession right on forests.
The government adopted the UN Declaration on the Rights of Indigenous People during the UN plenary session in 2007, which aims to eliminate discrimination of tribes.
Debates on communal rights of land and forests has long been a hot topic at the both the national and international level, mainly in connection to global efforts to reduce emissions from deforestation and forest degradation (REDD) in mitigating global warming.
Activists said the unclear status of indigenous peoples and tribal communities managing forests would constrain the implementation of REDD programs.
Under the REDD mechanism, carbon absorbed in protected forests can be traded to developed nations to help them meet lower emissions targets.
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