Resolution, Second Congress of the Indigenous Peoples of the Archipelago
We, all participants of the Second Congress of Indigenous Peoples of the Archipelago which took place 19-25 September in the village of Tanjung, North Lombok, are aware that in the more than four years since the Alliance of the Indigenous Peoples of the Archipelago (AMAN) was founded, there have been changes in various State policies related to the situation of indigenous peoples and their fundamental rights.
We recall the strengthening of the State's acknowledgement of indigenous peoples' rights in various legal instruments, including the Second Amendment of the 1945 Constitution, and several MPR decrees as national political agreements as well as in various laws such as Law No.22/1999 on Regional Governance Law No.39/1999 on Basic Human Rights and Law No.21/2001 on Special Autonomy in Papua.
We are also aware that there is a new hope in new legislation on General Elections for broadening the political participation of indigenous peoples in the future, and support from the Law on the National Education System which opens wider access for indigenous peoples to obtain educational services from the State.
Without reducing our gratitude for and appreciation of these various changes, Indigenous Peoples of the Archipelago are still facing various forms of compulsion, subjugation and exploitation. State control of the majority of land and natural resources in indigenous areas continues. Various indigenous groups have still been forcibly evicted from their ancestral lands for various development projects. The government still continues to give investors new concessions (Hak Guna Usaha) and Mining Permits (KP) in indigenous areas, without giving notice or holding proper negotiations as required under the adat law of local indigenous communities.
We highlight the existence of forest concession (HPH) holders who are still free to run logging operations in adat forest areas without any legal action against them by the government.
We also note the failure of Regional Autonomy to restore the original autonomy of villages in accordance with local adat. Regional Autonomy only extends as far as the District/Mayorality level and serves the political and economic interests of regional elites. The existence of institutions in the Indonesian Armed Forces' territorial control system such as the BABINSA [military officials attached to village administrations] and KORAMIL [subdistrict level military command], which have been a source of intimidation and violence towards indigenous peoples, continues in indigenous areas. Moreover, recently, the Police Force, especially BRIMOB [the police mobile brigade] have become a new source of violence against indigenous peoples in various parts of the Archipelago. The violation of basic human rights and fundamental rights of indigenous peoples by various forces and factions in power is still going on throughout the Archipelago.
We have a long way to go to realise our goal of restoring sovereignty to the Indigenous Peoples of the Archipelago to decide their own destiny as has been handed down through the generations as ancestral and traditional rights.
We, the Indigenous Peoples of the Archipelago, inherit the right to regulate and manage our lives and organise customary ceremonies according to our cultural identity, noble values and indigenous knowledge which is contained within our respective customary systems.
We, the Indigenous Peoples of the Archipelago, inherit the right to safeguard peace, law and order and the balance of co-existence between indigenous peoples and between indigenous peoples and the natural world, as well as between indigenous peoples and other peoples, according to our respective legal systems and customary institutions.
We, the Indigenous Peoples of the Archipelago, inherit the right to direct, manage and benefit from the land and all the other natural wealth in indigenous areas, in accordance with our respective traditional knowledge systems.
To uphold these basic rights, we the Indigenous Peoples of the Archipelago, who share the same destiny and the same trials and tribulations, have agreed to reconfirm the decisions of the First Congress of Indigenous Peoples of the Archipelago in Jakarta, in 1999, to continue to struggle together in one organisation, the Alliance of Indigenous Peoples of the Archipelago (AMAN).
With reference to this position, we as members of AMAN, declare the following. We:
International Advocacy Workshop
Workshops on a variety of topics relevant to indigenous peoples in Indonesia were held during the two days before the full Congress began. The workshop on International Advocacy and Indigenous Peoples, co-sponsored by DTE and INFID, attracted over 100 participants. Some of these had considerable experience of advocacy at international level, representing communities whose adat lands have been given away by central government to mining and plantation companies backed by foreign investors – for example Rio Tinto, Newmont and CDC. Others had presented testimonies at international gatherings including the UN's Working Group on Indigenous Populations in Geneva; the WSSD in Johannesburg last year and the Preparatory Conference in Bali; meetings of the World Bank's Extractive Industries Review; and the World Parks Congress. The main purpose of the 3 hour workshop was to explore the opportunities and limitations of indigenous advocacy at the international level. It got off to a lively start with a role play about the relationships between indigenous communities, companies, foreign investors, government and national and international NGOs. The facilitators, Donatus K Marut and Toto Rahardjo of the Yogya-based policy analysis group INSIST, then explained about the interplay between global and national politics and economics and their impacts on indigenous peoples. They also drew attention to ways in which United Nations bodies and international conventions were relevant to the indigenous movement in Indonesia. Among those who contributed to the discussion, was Ruth Sidchogan-Batani of the Tebtebba Foundation, Philippines – the only Congress participant representing the indigenous movement overseas. Ms Sidchogan-Batani was very positive about the progress which AMAN as an national indigenous organisation had made during its first 4 years against a challenging economic and political background. She encouraged indigenous people to draw strength and learn lessons from the experiences of the indigenous movement in the Philippines both nationally and internationally. She also explained the importance of understanding what international instruments exist and how these can be used as levers to change national and local legislation to acknowledge indigenous rights. Her comments and advice – although delivered by an interpreter - were well received! The workshop divided into smaller discussion groups where participants explored these themes further and drew up recommendations for the Congress. One of these was that international advocacy should be a major focus of AMAN's activities during the next three year period.
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