SBY on Indonesia's Indigenous Peoples

Down to Earth No. 71, November 2006

Indonesia's president has spoken his views on indigenous peoples in Indonesia, but will his words be translated into much-needed action?

President Susilo Bambang Yudhoyono (SBY) has called on government officials to pay more attention to indigenous people's interests when preparing development programmes. He said "indigenous peoples (masyarakat hukum adat) are often in a weak position in the defence of their customary rights, surrounded by the power of capital which exploits land and natural resources." The president was speaking to an audience including government officials, MPs, regional governors and indigenous leaders (selected by local governments). They had assembled at Jakarta's Taman Mini Indonesia, to mark the International Day of the World's Indigenous Peoples on August 9th.

Indigenous peoples, the nation and the state

In his speech, SBY acknowledged that indigenous peoples had existed long before the Indonesian Republic was founded, and said their continued existence needed to be protected. The president referred to the second amendment to Indonesia's Constitution (Article 18B, section 2): "The state acknowledges and respects customary law communities together with their traditional rights as long as they still exist and are in accordance with the development of the people and the principles of the Unitary State of the Republic of Indonesia as regulated under legislation." He went on to say he hoped that a law would be drafted in the near future, to define what was meant by traditional rights. He maintained that Indonesia as a unitary state (NKRI) must be prioritised, and that, although this didn't mean everything needed to be made uniform or standardised, "all must be directed towards the interests of the nation and state as a whole." He acknowledged that, in the past, the concept of the unitary state had meant standardisation in almost all spheres, but that today the attitude was 'moderate and appropriate'.

SBY said that arrangements for indigenous peoples needed to be better, and that they should be given their traditional rights, without forgetting the greater interests of nation and state. Indigenous peoples also needed to be motivated, so they could play a role in national development. "We need to admit that in developing the nation and state, indigenous peoples have not played an optimal role so far. Moreover, their traditional rights have often been ignored, even violated and no longer respected."

The president went on to say that he, along with the national human rights commission (Komnas HAM), had personally received many complaints about the violation of indigenous peoples traditional rights, mostly regarding hak ulayat (collective rights to land). He said not all these complaints were well-founded or clearly argued, but that the government was aware that the problem needed to be dealt with, or it would become a new source of tension and conflict in society. The lack of protection put indigenous peoples in a weak position vis-á-vis capital. "The government should, of course, take the side of the weak party, and try to find an appropriate and just solution, whilst still prioritising the interests of the nation and state, without having to sacrifice the interests of indigenous peoples in the regions." Apart from appealing to government officials to take indigenous interests into account, the president also urged indigenous people themselves to participate in development efforts in their areas.

He said there needed to be a balance between indigenous natural resources management and using resources to increase the welfare and prosperity of the people. He called on indigenous leaders to share their knowledge of sustainable natural resources management with their communities and to work with the government - both at central and local level - to prepare and implement development programmes.

A new 'Indigenous Peoples Joint Secretariat' has been established, but its role and scope of activities are not yet clear. In his speech, the president called on this body to synchronise efforts with the national human rights commission, the constitutional court, the social affairs department and the UNDP.

Reality gap

While the president's speech is no breakthrough for indigenous rights in Indonesia, the fact that SBY has paid this issue some attention, may help build awareness inside and outside the country of the urgent need for action on indigenous rights. The president is basically reiterating the position that the 'nation and state' takes precedence over indigenous peoples' interests, a stance that has been used to justify the systematic exploitation of natural wealth by mining, gas, oil, timber, fishing and plantation companies, whilst impoverishing the people who hold customary rights over the resources. Recognition of indigenous peoples' rights to land remains extremely weak under Indonesian law.

Indonesia's indigenous movement, the Alliance of Indigenous Peoples of the Archipelago (AMAN) argues that indigenous rights, including those over natural resources, must be fully recognised and restored by the state.

The president's repeated insistence on 'Indonesia as a unitary state' serves as a reminder of the violent suppression of any indigenous group which challenges this concept. This is most evident in West Papua, where indigenous Papuans who question Indonesia's presence in their territory and its right to exploit Papuan resources, are liable to become targets of military brutality. Jakarta is still refusing to hold any dialogue on the political status of West Papua and has not even properly implemented special autonomy measures (see also 'in brief' section, below). This stance shows that the state, not indigenous peoples, is unwilling to compromise. It is linked to the vast revenues from mining (Freeport-Rio Tinto), gas (BP's Tangguh operation) and other resource extraction that are at stake. The fact that Freeport-Rio Tinto continues to make huge profits from one of the world's biggest gold and copper mines, while the indigenous population remains in poverty, points to the huge gap between SBY's words about compromise and what is happening on the ground.

(Source: Sambutan Peringatan Hari Internasional Masyarakat Hukum Adat Sedunia, 9/Aug/06, at www.indonesia.go.id/index.php/index.php/content/view/2055/701/accessed 22/Nov/06).