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Ikuti Kami

The Recognition of Customary Forests Awaits Concrete and Definite Steps from the Government

Jakarta, October 5, 2015 – “By recognizing the position of Indigenous Communities as legal subjects who have rights to their forests, the urgent step to be immediately resolved is the determination of customary forests,” said Dahniar Andriani, Executive Coordinator of the HuMa Association. “This is important because it reflects the recognition of indigenous community rights in the form of concrete actions by the Government.”

After the Constitutional Court Decision No. 35/PUU-X/2012 regarding the separation of customary forests from state forest areas, the HuMa Association and its 12 local partners conducted research in 13 locations from February to October 2014. “One of the main objectives of the research was to examine the level of compliance with the requirements for the designation of customary forests in the 13 locations as desired by national legislation concerning the recognition of indigenous communities,” she explained.

The thirteen research locations include: Seko Indigenous Community in South Sulawesi, Marga Serampas in Jambi, Mukim Lango and Mukim Beungga in Aceh, Kasepuhan Karang in Banten, Ammatoa Kajang in South Sulawesi, Malalo Tigo Jurai in West Sumatra, Margo Suku IX in Bengkulu, Ketemenggungan Desa Belaban Ella in West Kalimantan, Ngata Marena in Central Sulawesi, Lipu Wana Posangke in Central Sulawesi, Ketemenggungan Desa Tapang Semadak in West Kalimantan, and Kampong Mului in Paser Regency.

Currently, according to Dahniar, the HuMa Association together with 12 partner organizations (JKMA Aceh, KKI Warsi, AMAN South Sulawesi, AKAR Foundation, Qbar Association, RMI, LBBT, PADI Association, Bantaya Association, Merah Putih Palu Foundation, Wallacea Association) is initiating the acceleration of customary forest recognition. “We are continuously striving to promote the 13 Customary Forest Models, located in 10 provinces in Indonesia,” explained Dahniar. “HuMa is collaborating with the Djojodigoeno Center for Customary Law Studies at UGM Law School to complete the Policy Brief on the Government’s authority through the relevant Ministry for the Recognition of Customary Forests.”

“The research results in the 13 locations indicate that some areas already have local legal products (regulations, decrees) that affirm or establish certain indigenous communities, thus meeting the prerequisites for registration as customary forests according to the provisions of the Ministry of Environment and Forestry Regulation No: P.32/Menlhk Setjen/2015 concerning Community Forests,” emphasized Tody Sasmitha, a Legal Researcher from the Djojodigoeno Institute, a center for customary law studies initiated by lecturers from Gajah Mada University Law Faculty.

Three out of the thirteen locations have applied for the recognition of customary forests, namely Lipu Wana Posangke, Kasepuhan Karang, and Marga Serampas. The communities from these three areas directly submitted the prepared application files to the Ministry of Environment and Forestry, represented by Mr. Hadi Daryanto, the Director General of Social Forestry and Environmental Partnership. “We are proud to be one of the first indigenous communities to formally apply for the recognition of customary forests. This moment marks the long struggle undertaken by the Wana community to obtain recognition for their customary territory within the forest area,” stated Mrs. Yestin, a representative of the Lipu Wana Posangke community.

“Our community is fully prepared to undergo the process established by the Government. Now, it is time for the Government to demonstrate its seriousness in fulfilling our rights as Indonesian citizens. We hope that our steps are fully supported by the government in expediting the process of recognizing customary forests,” said Jaro Wahid, a

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