[Jakarta, 5 December 2024] Following the United Nations Biodiversity Conference (COP16), which concluded on 1 November 2024 in Cali, Colombia, the urgency of passing the Indigenous Peoples Bill (RUU Masyarakat Adat) in Indonesia has become increasingly pressing. The recognition and protection of Indigenous Peoples’ rights are key to ensuring their meaningful involvement in the implementation of the Kunming-Montreal Global Biodiversity Framework (KM-GBF). Without the Indigenous Peoples Bill, Indigenous Peoples’ contributions to sustainable and inclusive conservation will continue to be hindered.
This was conveyed by Cindy Julianty, Program Manager of the Working Group on Indigenous Peoples’ and Community Conserved Areas and Territories Indonesia (WGII), during a public discussion titled “The Urgency of Passing the Indigenous Peoples Bill in Responding to Post-COP16 Conservation Policies” held at the office of the Indigenous Peoples Alliance of the Archipelago (AMAN) in Jakarta on Wednesday (4/12). In addition to Cindy Julianty, speakers included Bimantara Adjie (HuMa Association), Teo Reffelsen (WALHI National Executive), Rukmini Paata Toheke (Sulawesi Regional Facilitator, Network of Rights Holders for Community-Managed Conservation Areas/JPH AKKM), Mufti Fathul Barri (Forest Watch Indonesia/FWI), and Tommy Indyan (AMAN), with Salma Zakiyah (MADANI Berkelanjutan) serving as moderator.
Cindy Julianty also emphasized the importance of Indigenous Peoples’ participation in achieving global biodiversity protection targets. “Conservation cannot merely be about environmental preservation. Conservation must also mean recognition of tenure rights within Indigenous territories,” said Cindy. She noted that the Indigenous territories database records 22.5 million hectares of Indigenous lands with potential for conservation. “These bottom-up conservation practices can drive Indonesia’s contribution toward achieving global biodiversity targets,” she added.
Bimantara Adjie Wardhana, Head of the People’s Legal Advocacy Division at HuMa Association, added that although Indigenous Peoples hold a strategic position in the Indonesian Biodiversity Strategy and Action Plan (IBSAP)—specifically under Target 16 and Target 17—policy implementation often fails to involve them actively and inclusively. “The active and meaningful participation of Indigenous Peoples is frequently overlooked in the implementation of biodiversity policies in Indonesia, for example in the IBSAP drafting process. Yet IBSAP is key to mainstreaming biodiversity in Indonesia,” he said.
Meanwhile, Teo Reffelsen, Legal and Advocacy Manager of WALHI National Executive, criticized the process of drafting the Law on the Conservation of Biological Natural Resources and Their Ecosystems (KSDAHE Law), which he said ignored meaningful participation. “Many field facts submitted by the coalition were disregarded without clear explanation by the House of Representatives,” said Teo. He also reminded that since 2012, the Constitutional Court has mandated the government to formulate regulations concerning Indigenous Peoples, but this has yet to be realized. “Unfortunately, in AMAN’s lawsuit, the State Administrative Court failed to assess the judicial order principles contained in several Constitutional Court rulings regarding the urgency of the Indigenous Peoples Law. As a result, from a legislative and policy perspective, Indigenous Peoples are sidelined. It is no surprise that the situation of Indigenous Peoples living within and near forest areas is becoming increasingly dire and alarming,” he concluded.
Rukmini Paata Toheke, Sulawesi Regional Facilitator of the Network of Rights Holders for Community-Managed Conservation Areas (JPH AKKM), explained that the Ngata Toro Indigenous community has long practiced conservation based on local wisdom. This includes documenting customary law, managing community-use areas, and operating customary schools. “We uphold the philosophy of the three pillars of life, Taluhi Takuhua, where communities maintain harmonious relationships with the Creator who provides sustenance, with fellow human beings, and with nature. When we damage nature, we damage life itself. This is the foundation of our ancestral wisdom. It is a source of pride for us as Indigenous Peoples. Yet the state does not sufficiently appreciate our efforts,” she stressed.
Similarly, Mufti Fathul Barri, Executive Director of Forest Watch Indonesia (FWI), stated that 80% of the world’s biodiversity is found within Indigenous territories. However, Indonesia’s KSDAHE Law diminishes their role. “Our conservation paradigm has not shifted, even though Indigenous Peoples have proven to be the primary actors in safeguarding biodiversity,” he said.
Tommy Indyan from the Directorate of Legal and Human Rights Policy Advocacy at AMAN emphasized that passing the Indigenous Peoples Bill is a crucial step in protecting Indigenous rights. He highlighted the need for clear definitions, simple registration mechanisms, and recognition of the rights of Indigenous women, youth, and children within the Bill. “An ideal Bill must be grounded in human rights principles and include mechanisms for rights restoration, conflict resolution, and strengthening rights to cultural identity and customary territories,” he said.
The passage of the Indigenous Peoples Bill would not only provide legal protection for Indigenous Peoples, but also strengthen their role in achieving the KM-GBF targets in an inclusive manner. This step is crucial to ensuring the sustainability of conservation and biodiversity in Indonesia.
The Coalition to Safeguard the Indigenous Peoples Bill consists of YLBHI, HuMa, Seknas WALHI, KPA, KEMITRAAN, ICEL, Debt Watch, PEREMPUAN AMAN, Yayasan PUSAKA, Kaoem Telapak, Yayasan Madani Berkelanjutan, BRWA, JKPP, merDesa Institute, RMI, EPISTEMA, Greenpeace Indonesia, Lakpesdam NU, KIARA, LOKATARU, Forest Watch Indonesia (FWI), Sawit Watch, PPMAN, Barisan Pemuda Adat Nusantara (BPAN), Yayasan Jurnal Perempuan (YPJ), Forum Masyarakat Adat Pesisir dan Pulau-pulau Kecil (Format-P), Kalyanamitra, Koalisi Perempuan Indonesia (KPI), SATUNAMA, Protection International Indonesia, KKC Persekutuan Gereja-Gereja Indonesia (PGI), Working Group ICCAs Indonesia, AMAN, Samdhana, and EcoAdat.
Media Contact:
A.P. Prayoga, Campaign Team, Coalition to Safeguard the Indigenous Peoples Bill
Phone: +62 857 2034 6154
