16.4. Self Identification and State Recognition of Indigenous Peoples Rights in Indonesia


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Nukila Evanty (RIGHTS Foundation)

Abstract

Indonesia comprises of plural society, ethnicity and indigenous community which have been living for thousand years. Indigenous communities are a group of people who have lived in their ancestral land for many generations, have sovereignty over the land and natural resources, govern their community by customary law and institution which sustain the continuity of their livelihood (AMAN report 2012) . Based on this definition, AMAN estimates total of Indigenous Peoples population in Indonesia 70 million people. After entering independence era and reform era, indigenous communities have been left behind even though there are the State legislations which have stipulated or partial recognition of the State to indigenous community which have given the requirement for recognition of indigenous peoples as follows;1) as long as Indigenous Peoples are still living; 2) Indigenous Peoples shall abide by society development and civilisation, 3) They shall incorporate with the NKRI (Unitary of the Republic of Indonesia) system.
The research questions are how is the state recognition on Indigenous peoples rights in Indonesia in compliance with the UN Declaration on the Rights of the Indigenous People in 2007 (UNDRIP) and others  UN Covenants ratified by the Country; to what extend self identification of indigenous peoples is recognized in national policy and in the cultural practices? This research will use normative-legal research and socio legal to examine the implementation of the normative regulations, including the issue of social justice, system of law and sincronisation of national laws with international laws in the protection of the rights of indigenous peoples.

Keywords: self-identification, state recognition, indigenous peoples rights