Jakarta, perempuan.aman.or.id – More than 15 civil society organizations that care about women’s issues, the environment, indigenous peoples and democracy gathered on 1 August 2018 in Jakarta to discuss the substance of the Indigenous Peoples Draft Law (MA). At present, the bill initiated by the Indigenous Peoples Alliance of the Archipelago (AMAN) and its supporters is still in the process of approval in the DPR. This bill needs to get support from wider civil society groups. It considers that Indigenous Peoples are an important component of the Indonesian nation that has a role: showing a diversity of national identities, maintaining environmental sustainability, and contributing knowledge and economics.
In the meeting, Devi Anggraini, President of PEREMPUAN AMAN, stressed that the Indigenous Peoples Bill is not only the protection or fulfillment of the Rights of Indigenous Peoples, but also the continuity and sustainability of this nation’s future. The Indonesian people enjoy many benefits from what Indigenous Peoples practice in their lives in protecting nature. “All that will be lost if we do not pay attention to the policies being discussed,” said Anggraini.
The process of going ahead with the Indigenous Peoples Bill began in 2012 with a long twist. Rukka Sombolinggi Secretary General AMAN said that this bill had the support of the DPR in the previous period. “But when President SBY appointed the Ministry of Forestry to lead the settlement of this bill from the government, in fact the discussion of this bill was stalled,” Rukka said.
Ms. Rukka Sombolinggi gave an introduction to the background of the MA Bill at the Discussion on Advocacy Strategy for the Draft Bill on Indigenous Peoples in Sahati Hotel Jakarta, August 1, 2018. [/ Caption]
In 2018, the Indigenous Peoples Bill entered the National Legislation Program and became the initiative of the DPR. The Democratic National Party (NasDem) is a party that carries out and encourages this bill to be ratified by the DPR. President Jokowi has issued a Presidential Letter (Supres) by appointing Ministry of Home Affairs as coordinator, and five other ministries, namely KLHK, Kemenhukham, Kemendes, ATR / BPN and KKP, to discuss the Indigenous Peoples Bill from the government. “We need to keep on guarding this process, because if it is not the MA bill, it will disappear like the past,” said Sombolinggi.
At least there are three main things that need to be clearly regulated in the Indigenous Peoples Bill, according to Arimbi Heroepoetri from debtWATCH Indonesia. First, the function, position and rights of indigenous women. This is important so that there is no room for interpretation in respect of respecting and protecting the distinctive rights of Indigenous Women. Second, regarding the existence of the descendants of the Sultan and Kings in the Archipelago, and Third, about organizations born with adat based. The Indigenous Peoples Bill needs to put firmly the differences between the sultanate, royal and Indigenous Organizations with Indigenous Peoples. “Indigenous people have a strong relationship with their habitat and territories as a source of knowledge, expression and source of livelihood,” concluded Arimbi.
According to Anggraini, the collective rights of indigenous women have no place in various policies. Existing legal rules only regulate individual rights. CEDAW (the International Convention on the Elimination of All Forms of Discrimination Against Women) does not even regulate this matter of collective rights. “We see this Indigenous Peoples Bill being a strong legal space to protect the collective rights of indigenous women,” said the Chairperson of PEREMPUAN AMAN.
Recognition of Indigenous Peoples as the subject of law basically said when there was a Decision of the Constitutional Court No. 35. However, there is a need for legal certainty about Indigenous Peoples to ensure that the State relates and facilitates Indigenous Peoples, “said Andik Hardijanto from the HuMA Association. Andik added that there was no legal reason for delaying this bill to become the Law of Indigenous Peoples who recognized, respected and protected Indigenous Peoples in Indonesia.
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