Following the World Conference on Biodiversity (COP16) which will take place on 1 November 2024 in Cali, Colombia, the urgency of ratification Indigenous Peoples Bill in Indonesia is increasingly urgent. Recognition and protection of Indigenous Peoples’ rights are key to ensuring their involvement in the implementation of the Kunming-Montreal Global Biodiversity Framework (KM-GBF). Without the Indigenous Peoples Bill, Indigenous Peoples’ contribution to sustainable and inclusive conservation will continue to be hampered.
This was conveyed by Cindy Julianty, Program Manager of the Working Group Indigenous Peoples' and Community Conserved Areas and Territories Indonesia (WGII) in a public discussion entitled "The Urgency of Ratifying the Indigenous Peoples' Bill in Responding to Post-COP16 Conservation Policies" held at the House of the Indigenous Peoples' Alliance of the Archipelago (AMAN), Jakarta, Wednesday (4/12).
In addition to Cindy Julianty, also present were Bimantara Adjie (HuMa Association), Teo Reffelsen (WALHI National Executive), Rukmini Paata Toheke (South Sulawesi Regional Dynamics JPH AKKM), Mufti Fathul Barri (FWI), Tommy Indyan (AMAN) as resource persons and Salma Zakiyah (Sustainable MADANI) as moderator.
Cindy Julianty also emphasized the importance of involvement Indigenous Peoples in achieving global biodiversity protection targets.
"Conservation cannot just talk about environmental preservation. Conservation also means recognizing tenure rights in Indigenous Peoples' areas," Cindy said.
He said that the customary area database recorded 22.5 million hectares of customary areas that had the potential to be conserved.
“These bottom-up conservation practices can boost Indonesia’s contribution to achieving global biodiversity targets,” he added.
Bimantara Adjie Wardhana, People's Legal Advocacy Division of the HuMa Association added that even though Indigenous Peoples have a strategic position in the Indonesian Biodiversity Strategy and Action Plan (IBSAP), specifically in Target 16 and Target 17, policy implementation often fails to involve them actively and inclusively.
"The active and meaningful participation of Indigenous Peoples is often overlooked in the implementation of biodiversity policies in Indonesia, for example in the process of drafting IBSAP. In fact, IBSAP is the key to mainstreaming biodiversity in Indonesia," he said.
Meanwhile, Teo Reffelsen, Legal and Defense Manager of WALHI National Executive criticized the process of forming the Law on Conservation of Biological Natural Resources and Ecosystems (UU KSDAHE) which was considered to ignore meaningful participation.
“Many facts on the ground presented by the coalition were ignored without any clear reason by the House,” Teo said.
He also reminded that since 2012 the Constitutional Court has mandated the government to form regulations related to Indigenous Peoples, but until now this has not been realized.
"Unfortunately, in the AMAN lawsuit, the State Administrative Court failed to assess the principles of judicial order contained in several Constitutional Court decisions related to the urgency of the Indigenous Peoples Law, so that in terms of legislation and policy, indigenous peoples are second. It is no wonder that we see the situation of Indigenous Peoples living in and near forest areas getting worse and more concerning," he concluded.
Rukmini Paata Toheke, Sulawesi Regional Dynamics of the Community-Managed Conservation Area Rights Holders Network (JPH AKKM), explained that the Ngata Toro Indigenous Community has long practiced conservation based on local wisdom. These efforts include documenting customary laws, managing manageable places and traditional schools.
“We have a philosophy of three hearths of life, Taluhi Takuhua, where the community maintains a good relationship with the creator of the earth who has given its contents to fellow humans and nature. When we destroy nature, we destroy life. This is our foundation for maintaining ancestral wisdom. This is our pride as Indigenous Peoples. However, the state does not appreciate our efforts,” he said.
In line with that, Mufti Fathul Barri, Executive Director of Forest Watch Indonesia (FWI), said that 80% of the world's biodiversity are in the territory of Indigenous Peoples. However, the KSDAHE Law in Indonesia actually minimizes their role.
"Our conservation paradigm has not shifted, even though Indigenous Peoples have proven to be the main actors in maintaining biodiversity," he said.
Tommy Indyan from the Directorate of Advocacy for Legal and Human Rights Policy of the Indigenous Peoples Alliance of the Archipelago (AMAN), emphasized that the ratification of the Indigenous Peoples Bill is an important step to protect the rights of Indigenous Peoples. He emphasized the need for clear definitions, simple registration mechanisms, and recognition of the rights of indigenous women, youth, and children in the Indigenous Peoples Bill.
"The ideal bill should be based on human rights principles and include mechanisms for restoring rights, resolving conflicts, and strengthening rights to cultural identity and customary territories," he said.
The ratification of the Indigenous Peoples Bill not only provides legal protection for Indigenous Peoples, but also strengthens their role in achieving the KM-GBF targets inclusively. This step is crucial to ensure the sustainability of conservation and biodiversity in Indonesia.
PARTNERSHIP through the Estungkara program is part of the Coalition to Guard the Indigenous Peoples Bill together with a number of institutions. The ratification of the Indigenous Peoples Bill is very important, not only for the protection of indigenous peoples' rights, but also for sustainable social, economic, and environmental development. The ratification of the Indigenous Peoples Bill is a very important and urgent step. It is also about creating an inclusive, just, and sustainable society. By ratifying this bill, Indonesia can show its commitment to realizing an inclusive society amidst diversity.
