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Jakarta Post

Govt grants people’s rights in nine forests

After being denied for decades, indigenous peoples’ fight to have rights to manage their own land finally gained momentum as the government granted rights to nine indigenous communities

Hans Nicholas Jong (The Jakarta Post)
Jakarta
Fri, December 30, 2016

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Govt grants people’s rights in nine forests

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fter being denied for decades, indigenous peoples’ fight to have rights to manage their own land finally gained momentum as the government granted rights to nine indigenous communities.

The nine customary forests are Amatoa Kajang (313.99 hectares) in South Sulawesi, Wana Posangke (6,291 ha) in Central Sulawesi, Kasepuhan Karang (485.386 ha) in Banten, Rantau Kermas (130 ha) in Jambi, Bukit Sembahyang and Padun Gelanggang (39.04 ha) in Jambi, Bukit Tinggai (41.27 ha) in Jambi, Tigo Luhah Permenti (152 ha) in Jambi and Tigo Luhah Kementan (426 ha) in Jambi.

“In total, there are 13,051 ha of forests with 5,962 family units,” the Environment and Forestry Ministry’s social forestry director-general, Hadi Daryanto, told The Jakarta Post.

He added that the ministry had signed the decrees on the nine customary forests, which granted land rights to the indigenous people living there.

The Indigenous People’s Alliance of the Archipelago (AMAN) said that the land recognition was a landmark decision that was a long time coming for indigenous people whose rights had been denied for decades by the government in favor of large plantation and mining companies.

“It’s been 71 years of indigenous people not having independence in Indonesia, especially those who reside in customary forests. Finally, they will have independence,” AMAN secretary-general Abdon Nababan said.

The ministry’s planology director-general San Afri Awang said that the decision was monumental because it had been 17 years since the Forestry Law, which stipulated that customary forests belong to the state, was passed in 1999.

In 2012, indigenous people were finally given hope after the Constitutional Court delivered a ruling on the 1999 Forestry Law that invalidated the government’s claim to customary forests.

Following the historic ruling, many indigenous communities have tried to claim their rights. However, four years since the ruling, not a single indigenous land right has been recognized as red tape continues to block indigenous peoples’ access to their land.

Therefore, recognition of the nine customary forests is expected to pave the way for other indigenous communities to have their rights recognized.

Looking ahead, Environment and Forestry Minister Siti Nurbaya Bakar said that the government would closely monitor the nine indigenous communities. “These nine customary forests have to be monitored and guided,” she said. “Because they are the first [customary forests to be recognized by the government].”

Furthermore, there is another customary forest, Tombak Haminjon (5,172 ha) in North Sumatra, that is set to be recognized by the government as belonging to indigenous people. “However, this has not been finalized because we still have to wait for the local bylaw to be issued,” Hadi said.

For a regency administration to issue a bylaw, it has to make sure that the indigenous people have been living in the area for a long time and that the customary land truly exists.

The ministry decided to sign the decree on the Tombak Haminjon customary forest as the company that owns the land rights to the area where the indigenous community resides, PT Toba Pulp Lestari (TPL), had agreed to release part of its land to the indigenous community.

Siti applauded the company’s willingness to release the land. “In its land areas, there are about 11 indigenous communities with land spanning between 20,000 to 50,000 ha, which we will keep discussing,” she said.

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