First published on 01/05/2014, and last updated on 03/05/2018
By: Natasaya Muliandari, Non Timber Forest Products Exchange Programme for South and Southeast Asia (NTFP-EP) (Member)
On their very first event, the Working Group on ICCAs in Indonesia (WGII, a group established at the aftermath of the ICCAs Symposium in Bogor in October 2011 and comprising representatives from JKPP NTFP-EP, WWF Indonesia, Kiara, Huma, Pusaka, AMAN, Sawit Watch, WALHI), together with The Alliance of Indigenous Peoples of the Kayan Mentarang National Park (FoMMA), organized a workshop entitled “Recognizing and Strengthening the Management of Customary Forests and Conservation Areas by Indigenous Peoples (ICCAs): experiences and legal options” in Malinau, North Kalimantan. More than 70 representatives of NGOs and indigenous communities from 12 provinces gathered and discussed land reform, ICCAs and customary forests in Indonesia for 3 days (24-26 September, 2013). The Head of FoMMA, who is also the Head of the local parliament, together with the Vice head of the Malinau District officially opened the event.
The initial focus of the workshop was on ICCA documentation and registration, however the momentum created by the recent Constitutional Court landmark ruling that Customary Forest (or forest claimed and managed by indigenous peoples) is not ‘hutan negara’ (state forest) but another, rightful and separate category of forest land, convinced the organizers to discuss ICCAs in the context of this new legal opportunity. A new focus of the meeting thus became the need to delineate a clear course of action for the recognition of customary forests and land in Indonesia. A fruitful discussion and exchange took place among the participants about their experiences on documentation, mapping and natural resource management of indigenous lands and conserved areas. During the workshop, participants reviewed criteria and tools for documenting and registering ICCAs and customary land. They also discussed how they can effectively use the political space and existing policies supporting indigenous peoples’ rights to natural resources.
Malinau is one of the few districts in Indonesia that has issued a local law for the recognition and protection of indigenous peoples (2012). On the last day of the workshop, community representatives agreed on follow-up steps in their lands. In Malinau, the representatives of eight customary lands in and around the Kayan Mentarang National Park agreed to review and update the land use and resource maps they had prepared in 1998, and get ready for registration at district level. A community mapping training was organized by the Indigenous Peoples Alliance of Kayan Mentarang (FoMMA) with JKPP and held on 29 November-1 December 2013.
The Constitutional Court decision is definitely a fundamental legal milestone. But it is also important to realize that a long process and serious effort is needed to document, register and get the forests recognized and gazetted. Foremost, the Court’s ruling by itself is not enough. The districts and provinces have to issue enabling laws and regulations to establish the indigenous claims to forests. There are other challenges as well. Not all local governments are forthcoming and supportive of indigenous peoples’ rights. Conflicts in and among indigenous communities are also likely to emerge and risk delaying the process of recognition. This workshop was a good occasion for communities to learn and get inspired from each other. More importantly, it was a great moment for communities to get new motivation for the recognition and protection of indigenous peoples’ rights. More partnerships and strong networks among indigenous communities will be important to move the process forward.
