The development character over 5 decades of the government regime that ruled Indonesia from the the Old Order, the New Order and the Reform still prioritize exploitation and repressive. It stands in the way of indigenous people to their source of live (land and natural resource). Not only that, the indigenous people thruoghout the archipelago are also losing their identity in the imposition of a unified concept from governance system through Law No. 5 year of 1979 which confirmed the centralization, authoritarianism, regimentation (uniformity) bureaucratization and corporatization of bureaucratization to the local level (community). In practice, this Law resulted in the destruction of traditional institution, customary law, cultures and social system in indigenous communities. Exploitatif development orientation also subsequently led indigenous territories “fall” on the acquisition of the country in the level that almost all managements are handed over to the private sector. In such situation, indigenous peoples are only positioned as the object of national development, which in turn led them into foreigners in their own anchestral land. These realities cause loss of rights of indigenous peoples, both the economic and social cultural rights, and also their political and civil rights.
Although at the present some opportunities are opened for the establishment of the State Policy in the context of legal reform, including reform of the law relating to the management of natural resources by indigenous peoples communities, but it cannot be implemented to the maximum, considering the restrictions that still exist in some places, especially for the management of Natural Resources by Indigenous Communities.
The opening of opportunity for the communities to undertake natural resource management must be treated carefully considered that the good preparation is needed, there should be a different way of managing the conventional management that had been done by the private sector where profits are only belong to few people. While the impacts then are felt by all members of community in which the natural resource management operated. Thus, a good solution to overcome this problem is needed.
Since its establishment until now, AMAN has consisted of as many as 1992 with 20 Regional Councils and 74 Local Councils spread throughout the archipelago. Mostly among the communities members have remarkable mining natural resources, such as: Gold and its minerals that come after it, Oil and Gas, Geothermal, Gold, Coal, Tin and others. From a number of members, some of them have coonducted the gold mining in their respective customary territories, both individually and collectivelly. Therefore, a good scheme is needed to fulfill that interest. Thus, some activities in the form of studies and discussions are continouesly carried out to a conclusion that the management of gold mining by the community becomes a necessity. It considers that many advantages come from this management. Aside from the increased revenue, the advantages are treating the indigenous territories based on indigenous wisdom, as well as the existing ecological wisdom. Hence, the choosen scheme of The Management of Community-Based Sustainable Gold Mining (Community Green Gold Mining) becomes the best option at this time. This taking into account that there is no mining industry management so far has managed to show real benefits to indigenous communities where gold and minerals that come after it (DMP) are being exploited.
B. Why should mine Gold
The indigenous peoples are the inheritors and the owner of the natural resource in their territorries since they were born and become the members of their indigenous community. The indigenous peoples protect their natural resources by some costomary rules so that their natural resources are not quicky exhausted. Even the existing customary law in the indigenous peoples tend to protect their natural resources, and they choose to live in harmony and do not need to exploit their natural resources excessively. Most indigenous peoples realize that the abundance of natural resources are blessing. But some consider them as curse, that if the natural resources are managed in vain.
The right to manage the existing natural resource in the indigenous territories is the right that is carried out by indigenous people since they were born. So the claim that indigenous peoples are the owner of various natural resources in their respective territorries, is the belief that its truth cannot be measured by land certificate or others. The land certificate was issued after country’s legal system applied. That right is inherent right which is guaranteed by the 1945 Constitution since they were born and become the members of their indigenous community. Later in the development then the country negates the right, resulting in conflicts that happen everywhere between the holders of the inherent right to the holders of management right given by the country.
With the development of times and demands, natural resources needs to be managed. Two management options are: 1. Independently managed by the indigenous people (group-based), as the Community Gold Minning scheme (Gold Mining Community); 2. The management is handed over to the other parties in this case are the private or government or financial institutions. Both options actually can be done if the role of the country/government as the regulator for the mining activity can be run correctly. But in the reality, the government’s role so far has been very pro-investor and tend to marginalize indigenous peoples. Therefor, the best option to be realized for now is the first one.
Both of these options would certainly not eliminate the role of the Country as the regulator for mining activities, so it can be sure that the Country will not suffer any loss of income due to the two activities must meet the general requirements for a mining activity. The difference is only on who manages and what is the benefit for. Of course, the distribution and the broader dissemination of the benefit to members of indigenous community as the owner of the indigenous territory is a must. The use of the benefits will be adjusted as well as possible in accordance with the maximum utilization principle and power function to build a foundation of community life for the future generations.
CGGM will also serve in keeping the indigenous territory from the damage caused by the illegal gold hunters who don’t care about the negative impacts on the environmetn, social and economic. By doing gold mining, we are actualy saving/save/menghemat/protecting the other natural resources. With the gold mining management, the community can fairly exploit small areas, which have high gold content. While other areas should be well protected for the future generation. By the sufficient profits from gold mining, the community can generate other business sectors so that the economy is going well. From the profits, it shoul be used to support the sustainability of the future generation, through giving higher education support for the youth, health insurance, social security and improving the quality of infrastructure in the indigenous community.
Gold is one fo the comodities which has a high economic value, hence to provide for the cost of living of indigenous peoples it can be calculated easily. The role of the traditional leaders and the scholars is to keep the gold management to become a flicker for the development of other more sustainable (renewable) sector, thus the gold mining can be stopped or minimized the scale in time. Therefor the natural resources in the indigenous territory which are the surrogate of future generations can be mantained properly.
C. What is Community Green Gold Mining (CGGM)?
CGGM is Sustainable Management of Community-Based Gold Mining. A gold mining operations that conducted by and on behalf of indigenous communities by applying customary law, country law and professionalism. CGGM is a answer to the many problems which we have encountered in indigenous communites whose indigenous territories have rich mineral reserve of gold and other minerals that come after it. Recently more than 20 indigenous communities members of AMAN who have conflicts due to the gold mining, both conflict with the company or the imigrants, even the internal conflict within the indigenous communities. By conducting gold mining management by the communities themselves, there are some important points gained by the indigenous communities:
- Maintaining the sovereignty of indigenous territories and the natural resources management.
- Securing from the damaging effects of irresponsible acts of outsiders.
- Able to plan on how much and how long the mining would be conducted in order to achieve the prosperity goal and sustainability of future generations.
- Acquiring the real results which should be used economically for the common need in building indigenous peoples goals that are Sovereignty, Independent and Dignified.
- Protecting the indigenous communities from the threat of external invasion in order to create sustainable environment for long period of time.
- Developing the gold mining management system that gives benefits to all members of indigenous communities.
- Showing ang proving that indigenous peoplesa are able to manage their own natural resources wisely while applying the principles of good mining practices.
D. Gold Mining Management Experience by Community in Indonesia, learning from Kasepuhan Cisitu.
The Kasepuhan Cisitu case, Banten Kidul, Lebak District of Banten Province may be an example how communities become strangers in their own country and only become spectators when the mining company come into their indigenous teritorries. Although it was not in long period of time but it gave a very bad examples of how indigenous peoples don’t have sovereignty over their own teritorries; conflicts among the people happened; there were conflicts between the indigenous people and gold mining company; the arrest by the police in the name of protecting the mining assets. Not only that, the absence of sovereignty led to many illegal miners in the tens of thousands came from outside into the mining area and caused damages to indigenous forest and protected forest, environment degradation, conflicts between the outsider miners and community and gangsterism activity that disturbing and detrimental to both miners and indigenous communities. In the end, who is strong, has the capital and has the back up from law enforcement officers, then he will have the control and becomes the greatest benefit user without taking the existing rules.
Seeing the problem eventually arises the awareness that if the management was conducted and handed over to someone else it would not give benefit to indigenous peoples, so that the initiative comes from the experience to try to manage the sustainable gold mining by the communities with the mining that meets the professionalism standards based on custom system and conducted by the communities themselves with the deal and welfare prupose for all indigenous peoples.
E. Long-term Objectives
To develop sustainable management system of community-based gold mining, which is the gold mining that capable of proving the indigenous peoples’ sovereignty over the natural resources and to realize/terwujudnya of economic independence, so there is an optimum and equitable benefit guaratee to all members of the indigenous communities and the protection of indigenous territories from external threats.
F. Specific Objectives
- To develop the sustainable management gold mining community-based model that gives benefits to all members of indigenous community.
- To develop the Economic Institution of Indigenous Community as the manager and benefits distributor from the gold mining.
- To campaign the sustainable management system of community-based gold mining (CGGM).
- Collecting data on indegenous territories of AMAN members that have gold mining potency.
- To prepare the process and increasing the indigenous people capacity who have decided to undertake the management of their gold mining potency.
- To buil the broader network of indigenous peoples who manage the gold mining.
G. The expected result
- The existence of legal community’s gold mining that environmentally friendly (government and indigenous people version) which is managed by the Indigenous People.
- The existence of Indigenous People Economic Institution as the profit distributor agency from the gold mining.
- The existence of support from public and government and other parties to the community’s gold mining
- The existence of activities as part of Community Preparation to manage the gold mining.
- To record the gold mining potency area in the communities of AMAN members.
- To build the Indigenous People network of the gold mining management.
H. The activities in realizing CGGM
- The socialization of sustainable community-based gold mining management.
- Social and politic preparation in community level (FGD, customary discussion, indigenous leaders meeting, communication with local govenrment)
- The preparation of Cooperation Economic Institution as a place to manage the community’s gold mining (Cooperation Education, Law Education related to Cooperation and Mining, institutional management education)
- Administering the license for community’s mining
- Conducting the education on mining techniques that are environmentally friendly (on how to make a hole, the mining safety procedures, the safety procedures on gold processing, build eco-friendly market access)
- Conducting the education for reclamation (bioremediation, planting, maintenance, and sepervision and enrichment)
- Creating the Indigenous Peoples networking on sustainable community-based gold mining management (building associations)
At a minimum there are 20 communities which manage the Sustainable Gold Mining management by the community which is legal based on Indigenous Peoples and the government, with the scheme of Community Green Gold Mining that the management is in accordance with the regulation in force and Indigenous Peoples governance.
J. Working Team
The working team that has been formed to formulate the scheme and to create the draft of Community’s Gold Mining, that consists Mining Experts, Lawyer, Community Organizer, Geologists and practicioners of Indigenous Peoples:
- Gatot (Mining Practicioner)
- Khusnul Zaini (Law Practicioner/Lawyer)
- Mahir Takaka (Indigenous People Practicioner)
- Abdon Nababan (Indigenous People Practicioner)
- Taryudi Caklid (Indigenous People Practicioner)
K. How to join in CGGM Program?
To be able to join in and start the CGGM activities, the community should or is in the process of the following prerequisites:
- Has counducted the indigenous territory mapping
- Has planned the indigenous territory governance
- There is/in the middle of taking care of Indigenous territory decree
- There is or in the middle of forming a Cooperation in indigenous community
- Proposing themselves by sending a letter to AMAN Cq CGGM Team for assistance and facilitation, which the letter was signed by at least 5 % of the representatives from community members