Towards Recognition – Draft Law on the Recognition of Indigenous Peoples

AMAN has succeeded in getting its Draft Law on the Recognition and Protection of Indigenous Peoples in the National Legislation Program (PROLEGNAS) period for 2010-2014.

AMAN is continuing to advocate for lawmakers to deliberate and pass this draft into law as soon as possible, so that the rights of Indigenous Peoples in Indonesia can be protected.

Current status of Indigenous Peoples in Indonesian National Law

The State recognizes the existence of indigenous peoples in Indonesia through a number of Acts and regulations (despite their weaknesses).

• The following are the most important:
• The State Constitution of 1945 (with its amendments) recognizes the collective rights of indigenous peoples in Indonesia and requires the state to protect and fulfill these constitutional rights
• Act Number 22 Year 1999 on Regional Government (later amended by Act No. 32 Year 2004) provides recognition of Indigenous Peoples’ village autonomy.
• Act No. 39 Year 1999 on human rights, explicitly states the rights of Indigenous Peoples, including the customary right to land (hak ulayat) as a human right.
• The Coastal Management Act and Environmental Management Act recognises Indigenous Peoples’ rights to coastal and marine areas and indigenous knowledge in environmental management are also recognized

Such policy change towards the recognition of indigenous peoples is the results of legal reform launched by civil society, in which AMAN has been a major proponent and will continue to take the lead in this regard.

AMAN has signed a Memorandum of Understanding with the National Human Rights Commission and the Ministry of Environment (KLH).

Furthermore, AMAN and its partners have succeeded in endorsing the parliament to revise the current Forestry Act and to discuss a draft on the Recognition and Protection of Indigenous Peoples in its National Legislation Program (PROLEGNAS) 2010-2014.

AMAN is actively campaigning for a change in policy and law at national and regional levels, that explicitly recognise and guarantee the legal protection of the rights of Indigenous Peoples.