Statement of Aliansi Masyarakat Adat Nusantara Consultation with the UN Special Rapporteur on the Rights of Indigenous Peoples

12-13 March 2012
Kuala Lumpur, Malaysia

Self-Determination and Identity of Indigenous Peoples in Indonesia

Delivered by: Bata Manurun

Aliansi Masyarakat Adat Nusantara (AMAN) is an umbrella organization of indigenous peoples in Indonesia. Based on consultation and coordination among our networks and national partners, this statement highlights the country situation
and represents collective view of indigenous peoples in Indonesia.

As raised in other sessions and also highlighted in our country report, the concept, existence and the rights of indigenous peoples are not appropriately, if not at all, recognized, much less respected and protected by the government of Indonesia. Thus, the rights of indigenous peoples to self-determination and identity as enshrined in the international standards are far from their realization.

There are few clauses in Indonesia constitution that could be regarded as referring to indigenous peoples and their rights. However in reality, these clauses are simply ignored or subjectively interpreted and arbitrary applied in a controversial way due to the vague definition of terms and conditional wording of clauses. In this context, participation of indigenous peoples in decision-making processes has not been ensured or realized, neither in law nor in practice, despite the efforts of the indigenous peoples and supporting organizations. Even if “consultations” are conducted with the representatives of indigenous peoples, they are, in almost all
cases, merely nominal. As such, the needs and views of indigenous peoples are not reflected in the results of such consultations.

Against this backdrop, we recommend the Special Rapporteur to Urge the government of Indonesia to accept the concept, recognise the existence, and comprehensively protect, respect, fulfil and promote the rights of indigenous peoples in full accordance with international standards, such as UNDRIP, ICERD,
ICESCR, ICCPR, among others, especially with regard to their rights to Self-Determination and Identity.

Last but not least, we recommend the Special Rapporteur to urge the government of Indonesia to take concrete action to recognize, protect, and respect the rights of indigenous peoples, especially their right to self-determination. Immediate ratification of ILO Convention 169 will be a significant step in this regard.

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