Contradictive Customary Forests Protection

4 hours ago 4

The House of Representatives and the government suddenly take an interest in the Indigenous Peoples Bill. Meanwhile, land grabs continue unabated.

THE Indigenous Peoples Bill has returned to the national legislative priority list after being in limbo for 16 years. The House of Representatives (DPR) suddenly began to take the matter seriously. The government is also optimistic that the bill can be finalized this year. It may initially seem like good news. However, many suspicious contradictions lie behind this acceleration.

The promise to protect indigenous communities has been limited from the outset. The government emphasized that the law must be aligned with existing regulations in the agrarian, forestry, and agricultural sectors. Yet, these are the sectors where the roots of conflict have long been entrenched. If the new regulations must comply with problematic old ones, their corrective function is lost before it even has a chance to take effect.

The circulating House version of the draft law also shifts the position of indigenous peoples from rights holders to objects of state regulations. Recognition that should strengthen the position of indigenous communities could turn out to be an instrument of state control instead.

This contradiction is more apparent on the ground. While the bill was being deliberated with promises of protection, the state was actually accelerating the annexation of customary territories. The case in Boven Digoel, South Papua, is a stark example. The Wambon tribe had gone through a long process to secure recognition of their customary forest. The local government had granted recognition, mapping of the area was conducted, and factual verification was carried out. However, the entire process was abruptly undone by an administrative decision of the central government: the release of the forest area, followed by the granting of land use rights to corporations.

Here, a glaring disparity takes hold. The process of recognizing customary forests takes years and involves various stages. In contrast, decisions to revoke such recognition are made in a matter of weeks. It is as if the central government has two faces: it moves very slowly when asked to recognize customary forests, yet acts with remarkable speed when it comes to seizing them.

Constitutional Court Decision No. 35/2012 affirmed that customary forests are no longer state forests. However, more than a decade later, millions of hectares of customary lands still overlap with government claims. If even constitutional rulings are ignored, it is difficult to expect new laws to be implemented with any different intention.

The situation is further complicated by the expansion of national strategic projects. Under the guise of food and energy security, large-scale land clearing continues unabated. The process involves minimal public participation, often triggers conflicts, and is even marked by the criminalization of residents. Rather than being instruments of prosperity, these projects have instead become a source of additional tension in customary territories.

With all these contradictions, the accelerated deliberation of the Indigenous Peoples Bill may not necessarily be a breath of fresh air. It could correct long-standing inequalities, but it could also provide new legitimacy to practices that have long been contested. Without fundamental changes in policy perspectives and practices, the new law may simply add another layer of regulations rather than resolve the underlying issues.

What is needed now is a commitment from the government and the House to recognize indigenous peoples as full rights holders, not merely as subjects of regulation. Without this, the passage of the Indigenous Peoples Bill will only underscore the irony: promised protection, but deprivation continues.

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