Indigenous peoples

Indonesia

Key information about indigenous peoples

 

Indigenous population: 50–70 million people in Indonesia can be classified as indigenous (AMAN data).

Total population of the country: 237.641.334

UNDRIP: endorsed in 2007.

ILO 169: not endorsed.

Convention on Biological Diversity: signed: 05-06-1992; ratified: 23-08-1994; party: 21-11-1994.

Indigenous peoples living in voluntary isolation:  

Indigenous Peoples in the constitution

Explicit recognition

1945 INDONESIAN CONSTITUTION Chapter VI Article 18 B and Chapter XA Article 28 i Paragraph recognizes explicitly customary rights of Indigenous Peoples.

Abstract: “The State recognizes and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law.

National legislation

 

Explicit:

REPUBLIC OF INDONESIA LEGISLATION NUMBER 39 OF 1999 CONCERNING HUMAN RIGHTS, article 6, (1) and (2) speaks about the right of the indigenous peoples and indigenous land right.

Abstract: ‘’ (1) In the interests of upholding human rights, the differences and needs of indigenous peoples must be taken into consideration and protected by the law, the public and the Government. (2) The cultural identity of indigenous peoples, including indigenous land rights, must be upheld, in accordance with the development of the times’’.

Environmental Protection and Management Law (Law No. 32/ 2009, dated October 3, 2009)

Abstract: Article 63, 17A, n: "'stipulate policies on procedures for recognizing the existence of traditional communities, local wisdom, and rights of traditional communities with respect to environmental protection''

Implicit:

Indonesian Forestry Act No. 41/1999, Chapter IX Customary Law Community, article 67

Abstract: ‘’ Customary law community, insofar as it exist and is recognized, shall be entitled to conduct the following activities: a. Collecting forest products for daily needs of concerned communities; b. Conducting forest management based on prevailing customary laws which are not contradictory to laws; and c. Being empowered for improving their welfare. (2) Confirmation of the existence and abolishment of a customary law community as intended in paragraph (1) shall be stipulated in Regional Regulation. (3) Further provisions as intended in paragraph (1) and paragraph (2), shall be provided for in Government Regulation.’’

Decision Number 35/PUU-X/2012 for the sake of justice under the one almighty god the Constitutional Court of the Republic of Indonesia (Implement the Constitutional Court’s Decision no. 35/PUU-X/2012 and immediately adopt the Bill on Indigenous Peoples)

Abstract: ‘The fourth paragraph of the Preamble of the 1945 Constitution of the Republic of Indonesia (hereinafter referred to as the 1945 Constitution) has very clearly stated the aim of the establishment of the Unitary State of Republic of Indonesia (NKRI) is "to protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate toward the establishment of a world order based on freedom, perpetual peace and social justice ". That paragraph would then become the basis of the formulation of Article 33 paragraph (3) of the 1945 Constitution that mandates the state to use the land, the waters and the natural resources within for the greatest benefit of the people. Therefore, all laws governing the land, water and all natural resources in Indonesia should refer to the aim intended through Article 33 of 1945 Constitution.’’

National institutions on Indigenous Peoples

 

The Directorate for the Empowerment of Isolated Indigenous Communities (Dit.PKAT) (part of the Ministry of Social Affairs Indonesia)

Vision: The vision implies that social welfare development has been, is, and will be done by the government and society aimed at realizing a condition of the people who enter into the category of social PMKSs be berkesejahteraan in 2014.

Ministry of Social Affairs Indonesia

Vision: This vision implies that social welfare development has been and will be done by the government and society aimed at realizing a condition of the people who enter into category of social PMKSs be berkesejahteraan in 2014

Mission: As a ministry, Ministry of Social Affairs to carry out and perform tasks in accordance with the vision that has been set so that organizational goals can be accomplished and successful.

Free prior and informed consent

Environmental protection and management law (Law No. 32/ 2009, dated October 3, 2009)

Abstract: Article 26: ''The involvement of communities shall be based on principle of provision of information transparently and completely as well as shall be notified prior to the execution of the activity (Every business and/or activity having substantial impact on the environment shall be obliged to have Amdal)''.

Special rapporteur & other key country reports

 

Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya, 2013. Indigenous Peoples in Asia

Abstract: ''The present report provides an overview of the main issues raised during the consultation within each of the thematic areas. It also contains a series of overarching conclusions and recommendations on the basis of the information received. The report presents the issues brought to the attention of the Special Rapporteur in general terms, without pointing out specific country examples at this time''.

ONU, Human Rights, country page – INDONESIA.