Jakarta, 26 September 2014. More than a year has passed since Constitutional Court Decision 35/2012 was issued by the Constitutional Court. Ironically, until now, the decision has not been implemented. Despite being a correction to the process of nationalizing customary forests that has been ongoing for decades, causing violations of the constitutional rights of indigenous communities over their customary land/forests. The government needs to expedite the recognition of customary forests as an implementation of Constitutional Court Decision 35/2012.

“Recognition of customary forests is crucial to ensure the certainty of constitutional rights of indigenous communities over their land/forests in order to achieve the welfare of indigenous communities, as envisioned in the Constitution,” stated Andiko, Executive Director of the Indonesian Human Rights Study and Advocacy Association (HuMa) in a Media Discussion ahead of the National Dialogue agenda “Recognition of Customary Forests for the Welfare of the Community.”

The National Dialogue will be organized by HuMa, JKMA Aceh, QBar Association, Warsi Institute, Forum for Community Forestry Communication (FKKM), RMI Bogor, Akar Foundation, LBBT Pontianak, Wallacea Association, AMAN Sulsel, Bantaya Association, Red and White Foundation (YMP) Palu, Serumpun Association, PADI, and the Forestry Research and Development Agency (Balitbanghut) of the Ministry of Forestry, on October 2, 2014.

Over the past year, HuMa Indonesia and its partners have conducted legal and social assessments for the recognition of customary forests in 13 locations. As known, the recognition of customary forests depends on the subject holding the rights, namely indigenous communities. The recognition is done based on Regional Regulations and/or Decrees of Regional Heads.

Research locations for identifying customary land/forest areas were carried out in Mukim Lango, West Aceh Regency and Mukim Beungga, Pidie in Nanggroe Aceh Darussalam, Marga Serampas in Merangin Regency in Jambi, Marga Suku IX in Lebong Regency in Bengkulu, Nagari Guguak Malalo, Tanah Datar Regency and Nagari Simpang, Pasaman Regency in West Sumatra, and Suku Taa Wana in Morowali, Central Sulawesi.

Additionally, indigenous communities encouraged for recognition of subject and customary land areas including their forests are: Kasepuhan Karang in Lebak, Banten, Tapang Sambas in Sekadau Regency and Ketemenggungan Siyai in West Kalimantan, Kampong Muluy Community in Paser Regency in East Kalimantan, Amatoa Kajang in Bulukumba Regency and Seko Indigenous Community in North Luwu Regency in South Sulawesi, and To Marena in Sigi Regency.

Legal assessments identified that many indigenous communities have had their legal existence recognized by Regional Regulations and/or Decrees of Regional Heads. For example; Regional Regulation of Morowali Regency No. 13 of 2012 concerning the Recognition and Protection of the Tau Taa Wana Customary Community, Decree of the Regent of North Luwu No. 300 of 2004 concerning the Existence of the Seko Indigenous Community. In some places, there is clear recognition of the existence of customary forests, such as in Merangin and Kerinci Regencies, Jambi.

“These findings and Constitutional Court Decision 35 of 2012 serve as an “oasis” and a gateway to restore the rights of indigenous communities and their forest areas. In this regard, the implementation of the recognition of customary forests based on Constitutional Court Decision 35 of 2012 requires dialogue among relevant institutions, such as the Ministry of Forestry, Ministry of Home Affairs, Local Governments, National Land Agency, and the indigenous communities themselves,” Andiko continued.

This multi-stakeholder dialogue is crucial considering that implementing Constitutional Court Decision 35 involves cross-sectoral and cross-governmental levels. Synergy between the Government, Local Governments, and Indigenous Communities needs to be enhanced to manage and re-inventory customary forests that are separated from state forests.

By implementing this synergy