(21/5/2023) | To defend their customary lands and forests, representatives of the indigenous peoples of the Awyu tribe, Papua, Hendrikus Woro, and Barbra Mukri, visited several state institutions in Jakarta. They filed an intervention lawsuit at the Jakarta State Administrative Court (PTUN), complained to the National Human Rights Commission (Komnas HAM), and sought clarification at the Ministry of Environment and Forestry of the Republic of Indonesia (KLHK).
The two asked the government to revoke the permits of oil palm companies that entered their customary land and forest in Yare Village, Fofi District, Boven Digoel Regency, South Papua. These palm oil companies are considered to have threatened the environment and the survival of their living space. They conveyed that in the public discussion “Climate Litigation and Licensing Evaluation, Two Endeavors for Papua’s Indigenous Forests” organized by Greenpeace Indonesia last Thursday (11/5/2023).
Several sources who attended the discussion consisted of Komnas HAM members for the 2012-2017 and 2017-2022 periods, Sandra Moniaga; IPB University political ecologist and environmental policy expert Soeryo Adiwibowo; attorney and forest campaigner for Greenpeace Indonesia, Sekar Banjaran Aji; as well as environmental law expert and academic from the Faculty of Law, 51动漫 (FH UNAIR), Franky Butar Butar.
Franky said that the AMDAL (Environmental Impact Analysis) document often becomes a toy for people. He regretted that the AMDAL paper was not tried to be conveyed in the local language, even though the AMDAL document required the residents’ approval.
“There is room for participation for the local community. However, because we wanted the process to be fast, this AMDAL document was not considered important, many processes were cut. Who is this palm oil for? Do people in that area need palm oil? The people there know better what they need because they have lived in the area for thousands of years, for generations. Meanwhile, this country is only twenty years old. For reasons of state interest, the state suddenly acquired their customary land and forests,” said the lecturer in environmental law at FH UNAIR.
Franky emphasized that the role and participation of the community in opening permits for oil palm companies on their customary lands and forests is essential. In addition to physical boundaries, cultural boundaries also need to be considered. Before giving a permit, the local government should have consulted the community first. If the indigenous peoples do not allow it, then oil palm land should not be cleared.
“Our constitution, namely the 1945 Constitution of the Republic of Indonesia, has regulated in Article 18A paragraph (1) that the relationship of authority between the central government and provincial, district and city regional governments or between provinces and districts and cities, is regulated by law taking into account the specificities and diversity of regions. This means that we must pay attention to the specificity and diversity of each region in Indonesia. Papua and Java are different, don’t be confused. Then, Article 18A paragraph (2) of the 1945 Constitution of the Republic of Indonesia states that financial relations, public services, utilization of natural resources, and other resources between the central government and regional governments are regulated and implemented fairly and consistently based on laws. So, the central government and regional governments in utilizing natural resources must be carried out fairly and harmoniously, considering the specificities and diversity of regions and hearing opinions from indigenous peoples. Don’t be arbitrary,” said Franky.
