This document provides a summary of a research paper that compares policies regarding indigenous peoples' rights in Indonesia, Australia, and Latin America. It discusses how indigenous peoples have faced issues regarding land rights, self-determination, and participation in decision-making. Internationally, instruments like the UN Declaration on the Rights of Indigenous Peoples and ILO Convention 169 have recognized collective rights to lands and resources and the principle of free, prior, and informed consent. However, indigenous groups in Indonesia still face uncertainty over legal recognition and have had few successes in land disputes. The document examines this issue and argues that protecting indigenous peoples' rights requires proper laws and policies.
Caliba autonomy as a mechanism to address exclusion and enhance participation...Philippine Press Institute
This document discusses regional autonomy and self-governance as mechanisms to address the historical exclusion of minorities in the Philippines and enhance their political participation. It outlines how the 1987 Constitution and Indigenous Peoples' Rights Act recognize the rights of indigenous groups to self-determination and ancestral lands. However, some court cases have challenged these rights and concerns remain regarding the draft federal constitution. The document argues that autonomy and upholding indigenous rights will strengthen inclusion and that these rights should be firmly established in the constitution.
HUMAN RIGHT EDUCATION AND GOOD CITIZENSHIPRhon Paigao
This document discusses human rights education. It defines human rights education as all learning that develops knowledge, skills and values of human rights. It explains that human rights education grew in recognition as a tool for social change and increasing awareness of rights for all. The document outlines that the UN declared a decade for human rights education to strengthen respect for human rights and promote understanding between groups. It discusses models of human rights education including values and awareness, accountability, and transformational models. The importance of teaching human rights and citizenship in formal education is also addressed.
The struggle continues uphold thr rights of indigenous peoplesDr Lendy Spires
The document discusses the struggle to uphold indigenous peoples' rights in the Philippines. It summarizes discussions from two events held by the Institute for Autonomy and Governance (IAG) to address issues facing indigenous communities. While the Indigenous Peoples' Rights Act of 1997 was meant to protect indigenous rights, communities still face issues like displacement, poverty, and lack of self-governance. Participants at the IAG events called for fully implementing laws protecting indigenous rights and mainstreaming indigenous issues into national policymaking.
The document discusses the meaning and characteristics of human rights. It states that human rights are inherent and inalienable rights essential for protecting human dignity. It traces the historical development of key human rights documents like the Magna Carta, English Bill of Rights, US Bill of Rights, French Declaration of the Rights of Man, UN Charter, and UDHR. It notes that human rights originated from natural law theory and were first codified in western countries.
The document discusses the institutional framework for protecting human rights in India. It outlines several bodies that work to promote and protect human rights at both the national and international levels, including the UN Economic and Social Council (ECOSOC), UNESCO, the National Human Rights Commission of India, State Human Rights Commissions, the National Commission for Women, and the Commission for the Rights of the Child. It provides information on the composition, functions, and complaint procedures of these organizations.
Fundamental rights of indian constitutionNaveen Sihag
The document discusses the six fundamental rights provided to Indian citizens under the constitution:
1) Right to equality - which guarantees equality before the law and prohibits discrimination.
2) Right to freedom - including freedom of speech, assembly, profession.
3) Right against exploitation - abolishing practices like forced labor and child labor.
4) Right to freedom of religion - guaranteeing freedom to practice any religion.
5) Cultural and educational rights - including rights to conserve language and culture.
6) Right to constitutional remedies - empowering citizens to approach courts if fundamental rights are denied.
The document discusses various theories of human rights, including:
1. The theory of natural rights, which states that individuals are born with inherent rights that cannot be denied by governments. This theory was advocated by philosophers like John Locke.
2. The theory of social rights, which argues that rights are created by society and law to benefit the greatest number of people. Jeremy Bentham and John Stuart Mill were proponents of this view.
3. The theory of legal rights, which claims that rights are established by states and individuals have no rights outside of what states grant them. This view was supported by philosopher John Austin.
4. The theory of economic rights, proposed by Karl Marx, rejects the concept of
human Right Law (Right to work: Issues & Challenges)DaphnePierce
This document discusses the right to work for people with disabilities under international human rights law and conventions. It provides an overview of what various human rights instruments and conventions say about the right to work, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities, and the Convention on the Rights of Persons with Disabilities. The CRPD specifically recognizes the right of persons with disabilities to work on an equal basis with others and requires states to take steps to promote their realization of the right to work.
Caliba autonomy as a mechanism to address exclusion and enhance participation...Philippine Press Institute
This document discusses regional autonomy and self-governance as mechanisms to address the historical exclusion of minorities in the Philippines and enhance their political participation. It outlines how the 1987 Constitution and Indigenous Peoples' Rights Act recognize the rights of indigenous groups to self-determination and ancestral lands. However, some court cases have challenged these rights and concerns remain regarding the draft federal constitution. The document argues that autonomy and upholding indigenous rights will strengthen inclusion and that these rights should be firmly established in the constitution.
HUMAN RIGHT EDUCATION AND GOOD CITIZENSHIPRhon Paigao
This document discusses human rights education. It defines human rights education as all learning that develops knowledge, skills and values of human rights. It explains that human rights education grew in recognition as a tool for social change and increasing awareness of rights for all. The document outlines that the UN declared a decade for human rights education to strengthen respect for human rights and promote understanding between groups. It discusses models of human rights education including values and awareness, accountability, and transformational models. The importance of teaching human rights and citizenship in formal education is also addressed.
The struggle continues uphold thr rights of indigenous peoplesDr Lendy Spires
The document discusses the struggle to uphold indigenous peoples' rights in the Philippines. It summarizes discussions from two events held by the Institute for Autonomy and Governance (IAG) to address issues facing indigenous communities. While the Indigenous Peoples' Rights Act of 1997 was meant to protect indigenous rights, communities still face issues like displacement, poverty, and lack of self-governance. Participants at the IAG events called for fully implementing laws protecting indigenous rights and mainstreaming indigenous issues into national policymaking.
The document discusses the meaning and characteristics of human rights. It states that human rights are inherent and inalienable rights essential for protecting human dignity. It traces the historical development of key human rights documents like the Magna Carta, English Bill of Rights, US Bill of Rights, French Declaration of the Rights of Man, UN Charter, and UDHR. It notes that human rights originated from natural law theory and were first codified in western countries.
The document discusses the institutional framework for protecting human rights in India. It outlines several bodies that work to promote and protect human rights at both the national and international levels, including the UN Economic and Social Council (ECOSOC), UNESCO, the National Human Rights Commission of India, State Human Rights Commissions, the National Commission for Women, and the Commission for the Rights of the Child. It provides information on the composition, functions, and complaint procedures of these organizations.
Fundamental rights of indian constitutionNaveen Sihag
The document discusses the six fundamental rights provided to Indian citizens under the constitution:
1) Right to equality - which guarantees equality before the law and prohibits discrimination.
2) Right to freedom - including freedom of speech, assembly, profession.
3) Right against exploitation - abolishing practices like forced labor and child labor.
4) Right to freedom of religion - guaranteeing freedom to practice any religion.
5) Cultural and educational rights - including rights to conserve language and culture.
6) Right to constitutional remedies - empowering citizens to approach courts if fundamental rights are denied.
The document discusses various theories of human rights, including:
1. The theory of natural rights, which states that individuals are born with inherent rights that cannot be denied by governments. This theory was advocated by philosophers like John Locke.
2. The theory of social rights, which argues that rights are created by society and law to benefit the greatest number of people. Jeremy Bentham and John Stuart Mill were proponents of this view.
3. The theory of legal rights, which claims that rights are established by states and individuals have no rights outside of what states grant them. This view was supported by philosopher John Austin.
4. The theory of economic rights, proposed by Karl Marx, rejects the concept of
human Right Law (Right to work: Issues & Challenges)DaphnePierce
This document discusses the right to work for people with disabilities under international human rights law and conventions. It provides an overview of what various human rights instruments and conventions say about the right to work, including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention on the Rights of the Child, UN Standard Rules on the Equalization of Opportunities for Persons with Disabilities, and the Convention on the Rights of Persons with Disabilities. The CRPD specifically recognizes the right of persons with disabilities to work on an equal basis with others and requires states to take steps to promote their realization of the right to work.
The document discusses human rights and duties as outlined in the Indian Constitution. It describes several key rights such as: the right to equality; freedom of speech, expression and peaceful assembly; religious freedom; freedom from exploitation like trafficking and child labor; the right to education and culture; and the right to constitutional remedies. It also discusses corresponding fundamental duties of citizens to promote national harmony, renounce practices against women's dignity, strive for excellence, and protect the environment. However, it questions whether these rights are truly respected in practice by providing examples where certain rights like freedom of speech and protection from exploitation appear to have been violated.
Basic human right is a concept that can be related to every race, religion, belief, culture and country. Basic human right is aspiration of every individual to achieve happiness in their live.
This document discusses indigenous peoples in Southeast Asia. It begins by defining indigenous peoples and explaining that they prefer to use the names their ancestors gave them rather than terms imposed by outsiders. It notes that indigenous peoples have distinct cultures and strong connections to their traditional lands and resources. The document then distinguishes indigenous peoples from ethnic minorities, noting that indigenous peoples have collective rights under the UN Declaration on the Rights of Indigenous Peoples. These collective rights include self-determination, land and resource rights, free prior and informed consent, development and cultural rights. Finally, it acknowledges the common issues indigenous peoples face, such as non-recognition as indigenous peoples by some governments in the region.
Dr. Miriam Palma Defensor Santiago was a Filipino lawyer and politician who had an illustrious career in all three branches of the Philippine government. She was born in 1945 and graduated with highest honors from multiple universities in the Philippines and United States. Throughout her career, she authored many important laws and exposed corruption as a judge, cabinet member, senator, and presidential candidate. Despite her accomplishments, she lost presidential bids in 1998 and 2016 but remained a champion for human rights, good governance, and progressive policies until her death in 2019.
Indigenous People and the United Nations Human Rights SystemDr Lendy Spires
This document provides an overview of indigenous peoples' rights under international law and the United Nations system. It discusses key rights such as self-determination, lands and resources, economic and cultural rights, and collective rights as defined in the UN Declaration on the Rights of Indigenous Peoples. It also briefly describes the international bodies and mechanisms that advocate for and protect indigenous rights, including the UN human rights system, regional human rights organizations, and UN agencies focused on indigenous issues.
Human rights are fundamental moral principles that establish standards for human behavior and are regularly protected as legal rights. They include rights such as freedom from unlawful imprisonment and torture. Human rights doctrines have been highly influential in international law and institutions, and continue to be debated in terms of their precise meaning and justifications. Human rights include both negative rights that require inaction, like freedom of speech, as well as positive rights that require action to fulfill, like rights to education and healthcare.
This power point presentation provides an overview of human rights. It defines human rights as universal legal guarantees that protect individuals and groups from interference with fundamental freedoms and dignity. It discusses the different types of rights like civil, political, social, economic, cultural, individual, and collective rights. It explains that states have the primary responsibility to respect, protect, and fulfill human rights. It also discusses challenges to human rights research and implementation. Finally, it outlines some key international agreements and bodies related to promoting and protecting human rights worldwide.
This document provides information on the Philippines' compliance with the International Covenant on Economic, Social and Cultural Rights. It discusses several laws enacted since 2008 to promote implementation of the Covenant domestically. It also summarizes training programs conducted for judges, lawyers and officials on the Covenant. Finally, it outlines the country's ongoing efforts to strengthen governance and anti-corruption measures through a new Good Governance and Anti-Corruption Plan.
This document summarizes a conference held by the International Peace Academy, United Nations Office of the High Commissioner for Human Rights, and Center on International Organization on the topic of human rights, the United Nations, and the struggle against terrorism. The conference brought together experts on terrorism, security, human rights, and international policy to discuss the complex relationship between counterterrorism efforts and upholding human rights standards. Key issues discussed included balancing security concerns with human rights protections, and ensuring independent review of government threat assessments to prevent overreach and unwarranted restrictions of human rights.
This document provides an overview of human rights and their origins. It discusses key documents like the Universal Declaration of Human Rights, characteristics of human rights like indivisibility and non-discrimination. Theories of human rights are explored, including moral theory, social justice theory and structured theory. Civil and political rights as well as social, economic and cultural rights are defined.
The right to health, particularly for in relation to vulnerable groupsFEANTSA
Presentation by Cezary Wlodarczyk, Council of Europe at a FEANTSA conference on "The Right to Health is a Human Right: Ensuring Access to Health for People who are Homeless", 2006
This document discusses the meaning and importance of rights. It defines rights as conditions granted by the state for public welfare. Rights can be positive or negative and every right corresponds to a duty. The document then classifies rights into moral rights and legal rights. Moral rights are based on ethics while legal rights are recognized and enforced by law. It provides examples of different types of legal rights like civil rights, political rights, and economic rights. It also discusses the fundamental rights granted by the Indian constitution like right to life, equality, freedom of speech and religion.
Definition of minority_and_minority_institutionnajmathulail
The document discusses minority groups and minority rights. Some key points:
[1] A sociological minority is not defined by numbers alone, but also by factors like social status, education, wealth, and political power compared to the dominant group. [2] Minority group members are often subject to differential treatment and discrimination. [3] National or religious minorities have the right to preserve their distinct culture, language and religion according to international law.
The document outlines the definition and protection of minority groups under Indian law and the role of the National Commission for Minority Educational Institutions in upholding their rights.
Indonesian Multiculturalism: Risks and ChallengesIJRESJOURNAL
ABSTRACT. Indonesia is a multicultural country with full diversity. Indonesia consists of diverse culture, local language, race, ethnicity, religion and beliefs, etc. There are risks and challenges of diversity in Indonesia. Therefore, such diversity must be managed properly to avoid problems and conflicts. Lately, it appears many of the problems of diversity in Indonesia. Conflicts among tribes, religions, beliefs and groups are frequent. Conflict occurs in the form of thought and physical. Although the conflict is normal in a multicultural society, the conflict will be a major issue if not managed properly. This article discusses the risks and challenges faced by Indonesia in managing cultural diversity.
Rights are essential to human development and happiness. They can be moral, legal, or human rights. Moral rights are based on ethics while legal rights are enforceable by law. Human rights apply to all people regardless of other factors. They were established after World War 2 to protect against atrocities. The Universal Declaration of Human Rights outlined core human rights in 1948. Rights also entail responsibilities to respect others' rights. While most people are aware of their own rights, more awareness is needed of both own and others' rights.
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
This document discusses citizenship and what it means to be a citizen of the Philippines. It provides definitions of citizenship from various scholars and describes the principles of jus soli (citizenship by place of birth) and jus sanguinis (citizenship by descent). The document then examines the Philippine Constitution's definitions of natural-born and naturalized citizens. It concludes by outlining 10 things Filipino citizens can do to be good citizens, such as following traffic rules, paying taxes, and respecting police/soldiers.
Human rights protection in nigeria the past, the present and goals for role a...Alexander Decker
This document provides a historical overview of human rights protections in Nigeria from pre-colonial times to the present. It discusses how human rights were recognized and protected to some degree in traditional Nigerian societies prior to colonialism, though the specific rights differed from contemporary conceptions and varied between groups. The document then examines Nigeria's increasing engagement with international human rights law and institutions post-independence, alongside ongoing issues in fully realizing rights. It concludes by recommending roles for the government and NGOs to further promote human rights protections in Nigeria.
Sabeen presented at the 14th Indigenous conference on the topic of indigenous people and the role of the UN. There is no official UN definition of "indigenous" but they are generally culturally distinct ethnic groups native to lands colonized by others, with strong ties to territories. Indigenous peoples face issues like lack of political representation, economic marginalization, and lack of access to services. The UN supports indigenous peoples' rights to survival, dignity, security, and well-being through declarations and helping shape institutions that uphold the rule of law. Reforms are needed so laws respect all members of the global community.
The document discusses the rights of indigenous people in India according to the Indian constitution and international law. It notes that the Indian constitution provides certain protective rights to tribal communities, known as Scheduled Tribes, including educational, cultural, social, economic, political, and employment rights. However, laws aimed at protecting indigenous land rights and self-governance have many shortcomings and failures in implementation. While India voted for the UN Declaration on the Rights of Indigenous Peoples, it does not consider the concept of indigenous peoples or the declaration applicable within India.
The document discusses human rights and duties as outlined in the Indian Constitution. It describes several key rights such as: the right to equality; freedom of speech, expression and peaceful assembly; religious freedom; freedom from exploitation like trafficking and child labor; the right to education and culture; and the right to constitutional remedies. It also discusses corresponding fundamental duties of citizens to promote national harmony, renounce practices against women's dignity, strive for excellence, and protect the environment. However, it questions whether these rights are truly respected in practice by providing examples where certain rights like freedom of speech and protection from exploitation appear to have been violated.
Basic human right is a concept that can be related to every race, religion, belief, culture and country. Basic human right is aspiration of every individual to achieve happiness in their live.
This document discusses indigenous peoples in Southeast Asia. It begins by defining indigenous peoples and explaining that they prefer to use the names their ancestors gave them rather than terms imposed by outsiders. It notes that indigenous peoples have distinct cultures and strong connections to their traditional lands and resources. The document then distinguishes indigenous peoples from ethnic minorities, noting that indigenous peoples have collective rights under the UN Declaration on the Rights of Indigenous Peoples. These collective rights include self-determination, land and resource rights, free prior and informed consent, development and cultural rights. Finally, it acknowledges the common issues indigenous peoples face, such as non-recognition as indigenous peoples by some governments in the region.
Dr. Miriam Palma Defensor Santiago was a Filipino lawyer and politician who had an illustrious career in all three branches of the Philippine government. She was born in 1945 and graduated with highest honors from multiple universities in the Philippines and United States. Throughout her career, she authored many important laws and exposed corruption as a judge, cabinet member, senator, and presidential candidate. Despite her accomplishments, she lost presidential bids in 1998 and 2016 but remained a champion for human rights, good governance, and progressive policies until her death in 2019.
Indigenous People and the United Nations Human Rights SystemDr Lendy Spires
This document provides an overview of indigenous peoples' rights under international law and the United Nations system. It discusses key rights such as self-determination, lands and resources, economic and cultural rights, and collective rights as defined in the UN Declaration on the Rights of Indigenous Peoples. It also briefly describes the international bodies and mechanisms that advocate for and protect indigenous rights, including the UN human rights system, regional human rights organizations, and UN agencies focused on indigenous issues.
Human rights are fundamental moral principles that establish standards for human behavior and are regularly protected as legal rights. They include rights such as freedom from unlawful imprisonment and torture. Human rights doctrines have been highly influential in international law and institutions, and continue to be debated in terms of their precise meaning and justifications. Human rights include both negative rights that require inaction, like freedom of speech, as well as positive rights that require action to fulfill, like rights to education and healthcare.
This power point presentation provides an overview of human rights. It defines human rights as universal legal guarantees that protect individuals and groups from interference with fundamental freedoms and dignity. It discusses the different types of rights like civil, political, social, economic, cultural, individual, and collective rights. It explains that states have the primary responsibility to respect, protect, and fulfill human rights. It also discusses challenges to human rights research and implementation. Finally, it outlines some key international agreements and bodies related to promoting and protecting human rights worldwide.
This document provides information on the Philippines' compliance with the International Covenant on Economic, Social and Cultural Rights. It discusses several laws enacted since 2008 to promote implementation of the Covenant domestically. It also summarizes training programs conducted for judges, lawyers and officials on the Covenant. Finally, it outlines the country's ongoing efforts to strengthen governance and anti-corruption measures through a new Good Governance and Anti-Corruption Plan.
This document summarizes a conference held by the International Peace Academy, United Nations Office of the High Commissioner for Human Rights, and Center on International Organization on the topic of human rights, the United Nations, and the struggle against terrorism. The conference brought together experts on terrorism, security, human rights, and international policy to discuss the complex relationship between counterterrorism efforts and upholding human rights standards. Key issues discussed included balancing security concerns with human rights protections, and ensuring independent review of government threat assessments to prevent overreach and unwarranted restrictions of human rights.
This document provides an overview of human rights and their origins. It discusses key documents like the Universal Declaration of Human Rights, characteristics of human rights like indivisibility and non-discrimination. Theories of human rights are explored, including moral theory, social justice theory and structured theory. Civil and political rights as well as social, economic and cultural rights are defined.
The right to health, particularly for in relation to vulnerable groupsFEANTSA
Presentation by Cezary Wlodarczyk, Council of Europe at a FEANTSA conference on "The Right to Health is a Human Right: Ensuring Access to Health for People who are Homeless", 2006
This document discusses the meaning and importance of rights. It defines rights as conditions granted by the state for public welfare. Rights can be positive or negative and every right corresponds to a duty. The document then classifies rights into moral rights and legal rights. Moral rights are based on ethics while legal rights are recognized and enforced by law. It provides examples of different types of legal rights like civil rights, political rights, and economic rights. It also discusses the fundamental rights granted by the Indian constitution like right to life, equality, freedom of speech and religion.
Definition of minority_and_minority_institutionnajmathulail
The document discusses minority groups and minority rights. Some key points:
[1] A sociological minority is not defined by numbers alone, but also by factors like social status, education, wealth, and political power compared to the dominant group. [2] Minority group members are often subject to differential treatment and discrimination. [3] National or religious minorities have the right to preserve their distinct culture, language and religion according to international law.
The document outlines the definition and protection of minority groups under Indian law and the role of the National Commission for Minority Educational Institutions in upholding their rights.
Indonesian Multiculturalism: Risks and ChallengesIJRESJOURNAL
ABSTRACT. Indonesia is a multicultural country with full diversity. Indonesia consists of diverse culture, local language, race, ethnicity, religion and beliefs, etc. There are risks and challenges of diversity in Indonesia. Therefore, such diversity must be managed properly to avoid problems and conflicts. Lately, it appears many of the problems of diversity in Indonesia. Conflicts among tribes, religions, beliefs and groups are frequent. Conflict occurs in the form of thought and physical. Although the conflict is normal in a multicultural society, the conflict will be a major issue if not managed properly. This article discusses the risks and challenges faced by Indonesia in managing cultural diversity.
Rights are essential to human development and happiness. They can be moral, legal, or human rights. Moral rights are based on ethics while legal rights are enforceable by law. Human rights apply to all people regardless of other factors. They were established after World War 2 to protect against atrocities. The Universal Declaration of Human Rights outlined core human rights in 1948. Rights also entail responsibilities to respect others' rights. While most people are aware of their own rights, more awareness is needed of both own and others' rights.
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
This document discusses citizenship and what it means to be a citizen of the Philippines. It provides definitions of citizenship from various scholars and describes the principles of jus soli (citizenship by place of birth) and jus sanguinis (citizenship by descent). The document then examines the Philippine Constitution's definitions of natural-born and naturalized citizens. It concludes by outlining 10 things Filipino citizens can do to be good citizens, such as following traffic rules, paying taxes, and respecting police/soldiers.
Human rights protection in nigeria the past, the present and goals for role a...Alexander Decker
This document provides a historical overview of human rights protections in Nigeria from pre-colonial times to the present. It discusses how human rights were recognized and protected to some degree in traditional Nigerian societies prior to colonialism, though the specific rights differed from contemporary conceptions and varied between groups. The document then examines Nigeria's increasing engagement with international human rights law and institutions post-independence, alongside ongoing issues in fully realizing rights. It concludes by recommending roles for the government and NGOs to further promote human rights protections in Nigeria.
Sabeen presented at the 14th Indigenous conference on the topic of indigenous people and the role of the UN. There is no official UN definition of "indigenous" but they are generally culturally distinct ethnic groups native to lands colonized by others, with strong ties to territories. Indigenous peoples face issues like lack of political representation, economic marginalization, and lack of access to services. The UN supports indigenous peoples' rights to survival, dignity, security, and well-being through declarations and helping shape institutions that uphold the rule of law. Reforms are needed so laws respect all members of the global community.
The document discusses the rights of indigenous people in India according to the Indian constitution and international law. It notes that the Indian constitution provides certain protective rights to tribal communities, known as Scheduled Tribes, including educational, cultural, social, economic, political, and employment rights. However, laws aimed at protecting indigenous land rights and self-governance have many shortcomings and failures in implementation. While India voted for the UN Declaration on the Rights of Indigenous Peoples, it does not consider the concept of indigenous peoples or the declaration applicable within India.
This document discusses criteria for evaluating legal frameworks recognizing Indigenous land and resource rights. It examines three case studies in Canada using the criteria: the Mackenzie Valley Pipeline, the Inuvialuit land claim settlement, and the Lac La Ronge Indian Band's economic development without a land claim. Overall, Indigenous groups have gained influence over traditional lands through incorporating criteria like ownership and control of natural resources, though more progress is still needed in recognizing Indigenous rights to land and self-governance.
Citizenship, Human Right for Social Developmentijtsrd
The work was examined in order to analyze citizenship, as a human right, the legal link between Human Rights and Citizenship was investigated, considering from the legal point of view, citizenship as a political right The human right, such as the free development of the human being, in which people can develop their potential and have a productive life according to their needs and interests, the research was bibliographic, documentary, since the different documents were used , different instruments were selected and analyzed. The results obtained, referring to citizenship as a human right, as a set of essential prerogatives of every man, considered individually or collectively, by the mere fact of belonging to the human species, which must enjoy, to achieve its full development and have a dignified life and that, consequently, the State is obliged to recognize, protect, guarantee and as a political right is embodied in the various international documents among them, the International Covenant on Civil and Political Rights, second article, which establishes that all citizens may, without distinction, participate in public affairs, vote and be elected to the elections in their country. X³chitl Bustillos-Varela | J. Emilio Mândez-Gonz¡lez | Javier Armando Varela-Lazo "Citizenship, Human Right for Social Development" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-4 | Issue-1 , December 2019, URL: https://www.ijtsrd.com/papers/ijtsrd29818.pdf Paper URL: https://www.ijtsrd.com/management/public-sector-management/29818/citizenship-human-right-for-social-development/x%C3%B3chitl-bustillos-varela
CIDSUR is a non-profit organization in southern Chile that provides legal assistance to indigenous individuals, predominantly Mapuche people, who have been arrested or interrogated through civil protests regarding land claims or government actions. Formed in 2011 by human rights lawyers, CIDSUR investigates and documents human rights violations against indigenous and non-
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
Land Policy on Land Control and Ownership Management in Reformation ERAAJHSSR Journal
Land control and ownership management has always been a substantive issue in the history of
the nation of Indonesia. However, in this case, both Old Regime and New Regime have failed to bring about
justice to the people. That is indicated by the discrepancies in land control and ownership in Indonesia today.
After the collapse of New Order, paving the way for so-called Reformation Era, it was demanded that the use,
control, and ownership of land should prioritize public interests or populist economy. To discuss the issue, the
writer conducted a juridical-normative study by legal history and legal politics approaches in relation to the
developments of national agrarian law and land law, particularly relating to land control and ownership
management. From the findings of the study, it could be concluded that agrarian reformation in national land
law should be consistently implemented so as to avoid crisis in the future and to realize the aspiration of Article
33 paragraph (3) of the 1945 Constitution, especially linked to chances of gaining land asset and access to land.
To successfully realize the aspiration, there are four key prerequisites, namely: 1. Political will of government;
2. Separation of governmental/bureaucratic elites and business elites; 3. Active participation of all communities
in supporting reformation; and 4. Availability of complete, accurate land data. If such prerequisites were met,
we could build an agrarian reformation model suitable to the condition of Indonesia. In addition, we ought to
build a model of land control and ownership management that fits the condition of Indonesia. Of course, such a
model should encourage the realization of social justice
The Indonesian Legal Aid Foundation (YLBHI) was established in 1970 to provide legal aid services to poor and legally illiterate Indonesians. It aims to educate the public about their legal rights and facilitate legal reform. YLBHI has successfully handled over 22,000 cases involving issues like land disputes, unlawful evictions, and compensation claims. In its early years, YLBHI faced challenges like lack of funding and office space, but received support from the media and was able to help thousands of underserved clients seek legal redress.
Joe puna research report on asylum seekersJoe Puna
The Amnesty International report outlines concerns over treatment of asylum seekers at the Manus Detention Center in Papua New Guinea. It finds that Australia and Papua New Guinea have failed in their responsibilities under international law to protect refugees. Conditions at the center were described as worse than what asylum seekers fled from in their home countries. While Australia claims its policies aim to prevent people smuggling, the report argues this has led to passing international obligations to other countries and denying asylum seekers their rights.
Arguments Against Multiculturalism In CanadaDana Boo
The document discusses arguments against multiculturalism in Canada. It argues that multiculturalism does not truly exist in Canada and that immigrants are expected to assimilate into dominant Anglo-Protestant culture rather than maintain their heritage. It notes that multiculturalism was only officially adopted in 1971, and some writers argue it promotes division rather than unity. However, others believe multiculturalism generates harmony by creating an open culture and increasing mixed marriages.
IRJET- India’s Refugee Policy: An Analytical StudyIRJET Journal
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1. American Research Journal of Humanities & Social Science (ARJHSS)R) 2020
ARJHSS Journal www.arjhss.com Page | 11
American Research Journal of Humanities & Social Science (ARJHSS)
E-ISSN: 2378-702X
Volume-03, Issue-11, pp 11-20
November-2020
www.arjhss.com
Research Paper Open Access
Protection and Fulfillment of Indigenous Peoples’ Rights in
Indonesia: (A Comparative Study between Indonesia,
Australia and Latin America)
1
Indah Dwi Qurbani, 2
Muhammad Lukman Hakim,
3
Tunggul Anshari Setia Negara, 4
Siti Habibah, 5
Dorra Prisilia,
1
Lecturer at the Faculty of Law, Universitas Brawijaya, Indonesia, email indah.qurbani80@ub.ac.id
2
Lecturer at the Faculty of Social and Political Sciences, Universitas Brawijaya, Indonesia,
email em.lukman79@ub.ac.id
3
Lecturer at the Faculty of Law, Universitas Brawijaya, Indonesia, email tunggul@ub.ac.id
4
Faculty of Law, Universitas Brawijaya, Indonesia, email sitihabiba9@gmail.com
5
Faculty of Law, Universitas Brawijaya, Indonesia, email dorraprisilia26@gmail.com
ABSTRACT: The rights of indigenous peoples are deemed to be natural rights passed through generations.
When a state interferes indigenous regions, the rights of indigenous peoples should be made clear through
constitution. This is to allow peoples to hold their constitutional rights or through the Law to recognize and
highly respect the rights of the indigenous peoples. To maintain the existence of indigenous communities along
with their law as the native law, the indigenous communities and their in-charge organizations must be
established. This policy is required in every country in which the people of indigenous peoples live.
Keywords: indigenous peoples, policy, constitutional rights
I. INTRODUCTION
Jamie S. Davidson and David Henley (2010) argue that the awakening of the movement of indigenous
peoples in Indonesia is a contribution coming from the development of discourse and impulse from international
organizations. This movement is a follow-up of anti-imperialism movement that brings something brand new of
“left movement”, and this act was intended to maintain cultural diversity. To awaken indigenous community
movement, or also called as tribal peoples, indigenous peoples or even fourth world peoples, a measure was
taken in Denmark in 1968 by a group of professional anthropologists forming the International Work Group for
Indigenous Affairs (IWGIA) and World Council of Indigenous Peoples (WCIP) back in 1975. At the structural
level of international law, the indigenous movement managed to back up the formation of ILO Convention 169
concerning Indigenous and Tribal Peoples in Independent Countries (1989), and the latest one called Nation
Declaration on the Rights of Indigenous Peoples (2007). [ 1
]
The term ‘indigenous peoples’ was first internationally recognized after International Labour
Organization (ILO) [2
] declared Convention concerning Indigenous and Tribal Peoples in Independent countries
(ILO Convention 169) on 27 June 1989. This term, as used in ILO 169, was also adopted by World Bank in the
arrangement of development commission in several countries, especially in Latin America, Africa, and Asia
Pacific. [3
]
The indigenous peoples in Latin America have lived in dark history. Burkholder and Johnson (2004)
show there were conquest and exploitation of the indigenous peoples that has been around since colonialism of
Spain and Portugal back in the 15th
and 16th
century. This tragedy has imposed burden and disaster on human
beings. Back in 1570 Peru experienced a decrease in the population from 1.3 million to 600 thousands in 1620
(after 50 years). Within 50 years, More than half of the population in Peru died. [4
]
When most of the regions in Latin America gained their independence in the beginning of the 19th
century, the overlapping and predatory economic structure of the colonials did not instantly disappear. The elite
groups taking part in the colonial enclave still held control over economic structure and politics. Xavier Albo in
Subono, [5
] called it “Republic of Neo-Colonial” since Latin America was politically independent but not in
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economic sector. In 1980s, the neoliberal economic system was for the first time in place in almost all of the
states of Latin America. The structure of policies in liberalization in land market, workforce, and capital market
and the opening of economy into the market caused surges in commodities. This, in turn, raised land-related
issues, and in several cases of ‘land appropriation’, neoliberal policy from the government backed up by export
commodity (especially mining, agriculture, forestry, and fishery) caused serious damage to the environment and
threatened the life sustainability of the indigenous peoples.
Apart from Latin America, Indonesia also recognizes the existence of indigenous peoples. Initially, the
term indigenous peoples was introduced by van Vollenhoven to refer to native tribes of Indonesia. This is
related to the issuance of the political policy of the Dutch Government according to Article 131 IS (Indische
Staatregeling) 1939, and dating back to the year, peoples in Indonesia were divided into Inlanders, Europeans,
and Vreemde Oosterlingen (non-native people such as Chinese, Arabian, Indian and other non-Europeans). The
recognition of this difference of the people has led to pluralistic legal systems. Customary laws did not refer to
the rules established by the Government of Dutch East Indies or instruments of authorities that served as pillars
erected independently by the ruling Dutch Government”. [6
] As an element of the unity of the people, customary
laws represent an independent branch of laws inextricable from the structure of the public. [7
]
The protection addressed to the indigenous peoples is not optimally provided. On one hand, Article
18B paragraph (2) of the 1945 Indonesian Constitution implies that the indigenous peoples and their traditional
rights are respected and recognized for as long as they remain in existence and in agreement with modern lives,
they do not contravene the unitary state of the Republic of Indonesia, and they are governed by Law. It is not
plausible to formulate the norm following an amendment without any particular political interest, and this
constitutional guarantee is not proven effective. Hidden harm brought by the movement of indigenous peoples is
inevitable as long as they cannot manage to escape from backwardness.
Ineffective legal instrument regarding the recognition and appreciation given to the indigenous peoples
is proven through the uncertainty of the status of the indigenous peoples as the subject of law (legal standing) or
as the rights holders, in terms of the rights to take action and the possibility where they can be burdened with
legal obligations. The judges of Constitutional Court admit that it is extremely challenging to determine the
legal standing where the indigenous peoples are positioned as the legal subject, recalling that Indonesia has
highly complex diversity of customary laws. The standard set for a particular indigenous communities does not
always apply in other indigenous communities. Therefore, it is not surprising that setting the official
requirements of indigenous communities needs to be carefully performed. Judicial review submitted by
indigenous communities to Constitutional Court of Indonesia was never granted and this has become an issue
that demands solution. Finding this solution is not without barriers related to not only historical origin of
customary legal studies that are inextricable from ethical politics in the time of Dutch colonial era, but also the
position of indigenous peoples in the 1945 Indonesian Constitution that is questionable in terms of social justice
and politics in Indonesia before and after amendment. [8
]
Among several cases at court, the uncertainty of the indigenous societies is obvious, where they share
the same experience seeing that their petition is not granted. Out of five cases submitted by indigenous people,
almost none was granted. One case of Papua was granted but only because of the shift from the legal standing of
indigenous communities to that of individual. This situation has worsened the relationship between the central
government and the indigenous people since they do not hold any legal certainty. With all the challenges faced,
measures taken can transform customary laws to a positive law in Indonesia, transforming the values into the
sources of legal materials in Indonesia, indicating current interaction between customary laws and national law.
[9
]
In land conflict, out of 1400 disputes at the court in West Sumatera, none of cases were won over by
indigenous peoples. Similarly, One hundred hectares of land of ulayat right in Nagari were acquired by Ministry
of Forestry in West Kalimantan, especially Sambas, where the rights to land of indigenous people of
Tembawang could not be claimed since it was situated in a protected forest. This situation has put the people in
a more marginalized position and this condition is certainly not without a cause. On one hand, customary laws
are likely to cling on to the supernatural, directness, concreteness, and flexibility, all of which can effectively
work when the values of honesty, camaraderie, and mutual cooperation are still institutionalized. On the other
hand, the state as an authority and business entity often bases its claims on the rights controlled over by rules of
law and written and formal laws. In terms of the difference of characters between the people and their law,
indigenous peoples and other members of public in general have not found any appropriate policy for the
resolution. [10
]
As the unity that still maintains the way of life passed from their ancestors, indigenous peoples are
connected to their land and their regions. For them, land is more than a source of economy, but it is inextricable
from the life of the indigenous peoples. Traditional rituals are held to manifest the connection between the
spiritual attributes of indigenous peoples and their Mother Nature, including forests. [11
] Their adherence to such
a connection has put them in conflict against private companies. This problem is getting even more difficult
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when large-scale plantation, forestry, and mining companies gain support from the state government. [12
]
Alliance with big capital investors intended to significantly optimize profit taken from available lands
eventually ignores the existence of indigenous peoples whose livelihoods heavily rely on the lands acquired by
capital investors.
Apart from the sectors like forests, lands, and human resource, indigenous peoples also face injustice in
almost all sectors. In public services, for example, the peoples are often discriminated. Those as the believers of
the faith often find problems registering themselves for ID card or Family Card. The law regulating population
administration implies that those whose religions are not recognized by law will not be stated on the ID card, but
they still have the right to be served and their data to be registered in population database. [13
]
Beliefs followed by indigenous peoples eventually have a consequence on fulfilling the constitutional
rights of the peoples in education, economy, social sector, culture, and so forth. Banks usually refuse to proceed
their data input, resulting in another difficulty for indigenous peoples to have their own bank accounts. Thus, it
is clear that the policy set by the government will affect the private law of the members of public, including
indigenous peoples. [14
] The truth is that indigenous peoples came to existence far before the state was formed.
Thus, it is essential that we take measures to protect indigenous peoples. The comparative study on the policies
of indigenous peoples is expected to provide references for policy makers to make better regulations aimed to
protect indigenous peoples.
II. RESEARCH METHODOLOGY
This legal research employed normative juridical method, followed by descriptive analysis aimed to
resolve the research problems. This approach involved observing and studying laws and regulations and policies
in several countries regarding indigenous peoples.
The materials studied comprised Regulation of Ministry of Home Affairs Number 18 of 2018
concerning Village Community Organization and Village Indigenous Organization (locally called as Lembaga
Masyarakat Desa and Lembaga Adat Desa respectively), local regulations, and the local regulation concerning
village indigenous organization, and related policies concerning indigenous peoples in several countries. The
data was obtained from literature review consisting of inventorying and grouping regulations according to their
hierarchy. It is essential to study the legal issues regarding indigenous peoples to maintain their existence.
III. RESULTS AND DISCUSSION
The struggle of indigenous peoples has soared to its peak. General Assembly of the United Nations,
with the major votes (144 countries stood for, 4 countries stood against, 11 countries were abstain, and 30 were
absent), adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on September
2007. The condition of indigenous peoples has become the center of attention in the eye of people worldwide,
especially after the General Assembly of the United Nations adopted UNDRIP. [15
] International attention
escalated over oppression, conquest, and attempt to marginalize indigenous people, and this has triggered
aggressive steps taken to stimulate international recognition of the rights of the peoples. The roots of customary
laws are deemed to be the milestones after a very long journey to international recognition of the rights of
indigenous peoples that began more than 23 years ago in the United Nations. Despite the adoption of UNDRIP
by the General Assembly of the United Nations, debate over the scope of right to self-determination among
indigenous peoples is still going on to date. Article 3 of UNDRIP states:
“Indigenous peoples have the rights to self-determination. By virtue of that right they freely determine
their political status and freely pursue their economic, social, and cultural development.” This article clearly
governs the recognition of the rights to self-determination, including the rights to politics, economics, and to
development in social and cultural sectors.
Rights to self-determination are recognized in international law.[16
] In 1996, International Court of
Justice (ICJ), handling the case between Portugal v. Australia (East Timor Case), defined the rights to self-
determination as “erga omnes”. Anaya states that the rights to self-determination are stipulated as a part of jus
cogens and they are generally accepted in international law. The rights to self-determination represent the
freedom to make a decision regarding matters that affect indigenous people; to live their traditional way of life,
values and beliefs; to be treated equally in a state. The rights to self-determination are also closely related to the
utilisation of natural resources. UNDRIP clearly regulated the provisions concerning the rights held by
indigenous people to natural resources. Article 26 paragraph (2) of UNDRIP specifically states: “Indigenous
peoples have the right to own, use, develop and control the lands, territories, and resources that they possess by
reason of traditional ownership or other traditional occupation or use, as well as those which they have
otherwise acquired”. In the case of Delgamuukw against British Columbia, the Head of Supreme Court decided
that indigenous label was sui generis since it is based on their life and livelihoods that have been in existence for
so long. Moreover, in the case between The Mayagna (Sumo) Awas Tingi Community v. Nicaragua, the Inter-
American court of Human Right, the right to assets of indigenous peoples was recognized where international
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instruments were taken into account, as in Article 14 paragraph (2) of ILO Convention 169 and International
Treaties on Human Rights in United States of America. [17
]
In line with ILO Convention 169, UNDRIP confirms that states must implement the principles of free,
prior, and informed consent of indigenous peoples before approving and executing projects that could affect
their lands. Article 32 paragraph (20 of the declaration states: “States shall consult and cooperate in good faith
with the indigenous peoples concerned through their own representative institutions in order to obtain their free
and informed consent prior to the approval of any project affecting their lands or territories and other
resources, particularly in connection with the development, utilization or exploitation of mineral, water, or
other resources.”
Indigenous peoples also have the right to the restitution of their lands and compensation in case of
failure of restitution. This indicates that international law recognizes the rights of the peoples to determine. In
terms of lands and natural resources, this right is clearly governed in UNDRIP in soft law instrument, meaning it
is not legally binding. This, more or less, can be interpreted as an appropriate standard and as recognition of all
rights held by indigenous peoples worldwide to be equally accepted as those of other members of public. [18
]
Participation is one of the forms of recognition that is regulated in ILO Convention since participation
is another fundamental principle in the convention, and all indigenous peoples should be involved in all
necessary processes. Early participation in the whole processes of policy making or project or program
execution can give them responsibility to get actively involved in social and economic development of their
own. This convention is more focused on the need of “ownership” in every agreement that includes the parties
concerned. This is intended to guarantee that the benefit of the agreement is appropriately addressed to the
peoples concerned.
In 1989, World Wide Fund for Nature initiated a project in ethnobotany in Manongarivo, the Northwest
of Madagascar. This is a one-stop health care system whose development required consultation and participation
of the local community. This program combined traditional medicine derived from traditional herbal plants and
modern medicine. Traditional therapists and shamans worked together to support the health care of the locals.
Ten conservation programs of bio-cultural diversity blended with a development program performed with
creative approach. [19
]
In Cambodia, a local planning program, owned and initiated with the assistance of Cambodia Area
Rehabilitation and Regeneration Project (CARERE, UNDP) and Ratanakiri Provincial Rural Committee, was
held in 51 villages by the local people of the village. The development committee of the village was responsible
for the preparation of the development plan. With the participation of the locals, the people gained experience
and built their confidence, both of which guarantee the sustainability of the people and the activities of the
development.
This shows that the participation of locals is essential in the arrangement of the government’s policy.
The project that was aimed to stimulate the policy of ILO concerning indigenous peoples and the Department of
Constitutional Development of Government of South Africa held a conference concerning Constitutional
Accommodation of Vulnerable Indigenous communities in South Africa in May 1998. This conference brings
resolution and action plan regarding indigenous peoples and their rights as citizens to equal position according
to the Constitution of South Africa. Khoi San Forum was established in May 1999, consisting of 20 members:
three San, Five Griqua, Four Koi, four Coronae, and four members of Cape Cultural Heritage Development
council. This forum was to review the content of Status Quo Report of the Government regarding the
participation of indigenous leaders in local governments and in giving advice regarding issues arising in the
native communities. [20
]
Indigenous peoples in independent countries are considered as native peoples since they are the
descendants of the locals living in the countries concerned or living in geographical areas where the countries
are during the time of the conquest or colonialism or during the time when state boundaries were determined.
These peoples have maintained a part or the whole social, economic, cultural, and political institution of their
own despite their legal status. [21
]
Article 2 paragraph (1) of this convention implies that government holds responsibility to arrange, with
the participation of the indigenous peoples, organized and systematic actions aimed to protect their rights and to
guarantee respect to their needs, where the actions involve the following: [22
]
1) Assuring that all members of indigenous communities have their rights treated equally and have access
to opportunities stipulated in laws and regulations in the regions where they live.
2) Optimally opening possibility to fulfil social, economic and cultural rights of indigenous peoples by
giving recognition to their social and cultural identity, customs, traditions, and their institutions.
3) Helping members of indigenous communities to reduce any social and economic gaps that may take
place between native peoples and other members of society through the way and aspiration that fit their life best.
Apart from the right to participation, indigenous peoples are also given the right to FPIC, the right to agree or
disagree with the development projects planned on indigenous lands. Several requirements have to be met in
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consent. First, information must be facilitating and clearly disseminated with the language easily understood by
the peoples; secondly, there should be enough time given to the peoples to analyze information; thirdly,
decision-making process must accommodate and involve the needs of certain groups of indigenous peoples;
fourthly, all the process necessarily taking place must be performed willingly without any suppression from any
parties. The right of the indigenous people to FPIC is logical consequence resulting from the recognition of
indigenous people that historically existed before the state was formed.[23
]
1. Policy regulating indigenous peoples in Indonesia
Constitutional rights of indigenous peoples are the top priority over the rights of other civilians since
indigenous peoples hold special rights traditionally. Theoretically, indigenous peoples have to be protected,
guaranteed, and be given legal certainty. This is contrary to what really happens in real life where their social
and economic status remains marginalized. To optimize the protection, affirmative action is required.
Constitutional rights are mainly addressed for the legality of the basic rights of indigenous peoples in the 1945
Indonesian Constitution despite the fact that sectoral law negates it. In general, the constitutional rights of
indigenous peoples are equal to those of other members of society. Article 27 paragraph 1, 2, and 3 of 1945
Indonesian Constitution states that citizens shall have equal status before law and government and hold without
exemption the law and the government in esteem, each citizen shall be entitled to an occupation and an
existence proper for a human being, and each citizen shall have the right and the duty to participate in the
defense of the nation. Article 28 mentions the right to freely associate and assemble, express opinion in both
written and oral form as governed in law. Article 29, paragraph (2) mentions the right to have the freedom of
religion and of worship in accordance with one’s religion and belief. [24
]
Specifically, indigenous peoples have constitutional rights that are traditional, and they are known as
traditional rights of indigenous peoples. According to Article 18B paragraph (2) of the 1945 Indonesian
Constitution, recognition and esteem paid to the unity of indigenous peoples along with their traditional rights
must be based on the following requirements: 1) as long as they remain in existence, 2. In agreement with
societal development and with the principle of the Unitary State of the Republic of Indonesia, 3. Governed in
the law. Similarly, Law no 24/2003 concerning Constitutional Court also stipulates the same requirements for
the unity of indigenous peoples to put them in a position as petitioners in Constitutional Court. The 1946
Indonesian Constitution and Law No. 24/2003 concerning Constitutional Court in conjunction with Law No.
8/2011 concerning Amendment to Law No. 24/2003 govern particular requirements to allow indigenous peoples
to hold their legal standing. With it, it is expected that they can settle their case at Constitutional Court. The state
guarantees the recognition and legal protection of the unity of indigenous peoples despite some constitutional
requirements that have to be met. Ulayat lands owned by indigenous peoples are exploited by foreign investors
for their crude oil to be further exported to other countries. This has managed to bring a great amount of cash to
this country. Despite all this welfare, the existence of indigenous peoples has always been out of attention from
both central and local governments even at present time. On 5 July 1959, president, through a decree, dismissed
constituents, which revoked the temporary law of 1950 and brought back the 1945 Indonesian Constitution to all
the citizens of the country. [25
]
Furthermore, recognition of the existence of indigenous peoples should be in the form of regional legal
product. There are three operational provisions regarding recognition of the existence and the rights of
indigenous peoples especially to lands and forests:
1) Regulation of Minister of Home Affairs Number 52 of 2014 concerning Guidelines of Recognition and
Protection of Indigenous Peoples
2) Regulation of Minister of Environment and Forestry Number 32/2015 concerning Private Forest.
3) Regulation of Agrarian and Spatial Planning/National Land Agency Minister Number 10 of 2016
concerning Guidelines of Arrangement of Communal Right to Lands of Indigenous Peoples and People of
certain Regions.
All those three operational provisions require that the establishment and approval of the existence of
indigenous peoples be performed in the form of regional legal product, such as local regulations or the decrees
made by local governments. The recognition done this way seems to give burden for indigenous peoples since
they have to go through official and lengthy administrative and political process. This situation has certainly
shifted the position of indigenous peoples from natural legal subject existing before this country was formed to
procedural legal subject where official documents are a must. A Study carried out by Epistema Institute back in
2015 indicates that there were 124 regional legal products on indigenous peoples comprising establishment of
indigenous communities, indigenous institutions, indigenous courts, customary laws, and indigenous forests. Of
those legal products, only 15,577 hectares of customary areas and forests have been officially recognized. The
following are state institutions authorized to implement the provisions concerning indigenous peoples: [26
]
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Table 1. Institutional Scope and Dimension responsible for Indigenous Peoples
Law Institution Dimension
Article 18B paragraph (3) of
1945 Indonesian Constitution,
Village Law
Ministry of Home Affairs, Village
Ministry
Governance and Community
Development
Article 281 paragraph (3) of
1945 Indonesian Constitution,
Law concerning Human Rights
Ministry of Law and Human Rights,
Human Rights National Commission
Human Rights
Article 32 paragraph (1) of
1945 Indonesian Constitution
Ministry of Tourism and Creative
Economy
Culture
Law concerning Forestry Ministry of Environment Forest Management and
Conservation and Protection
of Natural Environment
Life and Forestry Existence of indigenous
peoples
Law concerning Water
Resources (revoked by
Constitutional Court)
Directorate General of Water
Resources, Ministry of Public Works
Water Resources
Management and Existence
of Indigenous Peoples
Law concerning Plantation Directorate General of Plantation,
Ministry of Agriculture
Compensation of Lands
for indigenous peoples
Law concerning Coastal Areas
and Isles Management
Ministry of Maritime Affairs and
Fisheries
Coastal areas and isles
management
Law concerning Social
Welfare, Presidential
Regulation Number 186/2014
Social Ministry Access to primary services
Basic Agrarian Law, Law
concerning Land Procurement
National Land Agency Connection between
indigenous people and lands
There are at least five cases relevant to the subjectivity and the rights of indigenous peoples in Constitutional
Court as shown in the following Table: [27
]
Table 3. Cases in Constitutional Court regarding indigenous peoples
Case Number Petitioner Constitutional Issue Decision
1. Case No. 058-059- 060-
063/PUU-II/2004 and 008/PUU-
III/2005
Review of Law concerning Water
Resources (No 7/2004)
3,001 petitioners consisting of
individuals, Farmers
organizations, Non-
government Organizations of
Human Rights and
Environment
Water Privatization and
commercialization.
Indigenous peoples and
access to water
Rejected
2. Case No. 31/PUU- V/2007
concerning
Review of Establishment
1 community representing
Tual city
Establishing a new
autonomy region affecting
indigenous peoples
Rejected with explanation
from Constitutional Court
concerning conditional
recognition
of Tual City in Maluku Province
(Law Number 31/2007)
3. Case No. 55/PUU- VIII/2010
Review of Law concerning
Plantation (No.
18/2004)
2 farmers
Criminalization in Law
concerning Plantation
Granted
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4. Case No. 35/PUU- X/2012
Review of Law concerning
Forestry (No.41/1999).
AMAN and two indigenous
communities from Kampar
and Lebak
Customary forests
Granted concerning
indigenous forests, rejected
concerning conditional
recognition
5. Case No. 95/PUU-
XII/2014 Review of Law
concerning Forestry and Law
concerning Prevention and
Eradication of Forest Destruction
(No. 41/1999 and No.
18/2013)
AMAN, 2 indigenous
communities representing
Tanah Datar and several non-
government organizations
Criminalization of
indigenous peoples, and
protection of local wisdom
Partially granted
Constitutional Court is where indigenous peoples express their grievances when legislation made by
the members of the House of Representatives and the Government are unjust to the development of the peoples.
Of some laws reviewed, Constitutional Court has played an essential role in providing protection to indigenous
peoples. In the Decision of Constitutional Court 35, the existence of indigenous forests, previously recognized
as under the ownership of the state in Law concerning Forestry, was drawn from the state’s ownership after the
Constitutional Court annulled this provision. This indicates the existence of pluralism approach addressed for
the harmony between the state and indigenous communities.
Issues regarding indigenous peoples and forests not only arise in Indonesia, but a lot of other countries
were found to grab the indigenous peoples’ lands in 2016, and from this tragedy, the locals, including 40% of
environmental activists worldwide became the victims since they violated the agreement over land borders. The
isolated indigenous peoples were vulnerable to diseases such as flu, measles, or even cold that could even lead
to serious condition or death. They were also vulnerable to oppression by parties aiming to illegally exploit the
lands and the indigenous peoples were left with no assistance to fight against this injustice but to watch their
lands destructed. Amidst the threats to their lands and rights, indigenous peoples and other locals are some steps
better protecting the ownership of their lands to have their rights recognized. [28
]
All the threats and measures they took have attracted attention worldwide. In 2016, the International
Criminal Court stipulated that environmental damage and land appropriation are considered as offenses harming
human beings although some cases remain unheard. The International Land and Forest Tenure Facility
appreciates Alliance of indigenous peoples in the Indonesian archipelago for managing to take back their right
to 1.5 hectares of land in Indonesia. In Peru, all stakeholders concerned guarantee right to ownership of 560,000
hectares of land and to optimize the protection of isolated regions where indigenous people live in. Due to this
outstanding attempt, the people of Ganoche Afro-Colombia received their right to ownership of lands in
Colombia, and the rights to lands of the indigenous people of Afro-Colombia is assertively recognized in Peace
Treaty of the state. In 2016, the people of Munduruku in Brazil warded off the development of one of seven
dams in Amazon Basin since they were concerned that the development would inundate their lands. This
movement indicates that the indigenous people are serious about gaining recognition of their dignity that has
been long attached to them and of their contribution to the natural welfare. [29
]
2. Policy regulating indigenous peoples in Australia
Indigenous peoples in Australia are known as Aborigin and Torres Strait islanders. The approach of
policy of the Australian Government has two wide different perspectives: assimilation (cultural blending) and
self-determination (maintaining culture and customary traditions). Assimilation approach involves native people
who are willing to blend their culture with that of non-indigenous people, and self-determination is for native
peoples who still maintain their culture and customary traditions. The principles they still hold on to involve
justice, uniqueness, sovereignty, respect to values and cultures, protection of cultures and partnership
development, and responses to contextual local issues. There are several programs aimed to support the policy
of indigenous peoples in Australia: Health, early childhood education, economic participation, appropriate
housing, leaders and governments reinforcement, protection, indigenous peoples reinforcement in Northern
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territory, art and cultures, and reconciliation. All those sectors are backed up by the following policies and
programs: [30
]
1) Health: improvement of health quality of Aborigin community and Torres Strait Islanders aimed to
minimize gap in health quality between indigenous peoples and non-indigenous people. This is addressed to: 1)
improving the health quality of children; 2) Fulfilling primary health need by building partnership with health
organizations/ institutions; 3) Training provided for local health workers and employing doctors and health
professionals for indigenous peoples; 4) solving problems related to serious illnesses or smoking-related
diseases; 5) solving drinking problem like alcohol addiction and drug abuse; 6) providing mental health
services; 7) assuring health quality and the hygiene of foods sold in the markets of indigenous communities.
2) Education: this program is aimed at optimizing the opportunity for indigenous peoples to participate in
education. The Aboriginal and Torres Strait Islander Action Plan 2010 – 2014 has been approved by the
Australian Education Ministry to minimize the gap in education participation between indigenous peoples and
non-indigenous peoples. The programs run are as follows:
a. Focus school next step: Australian Government was committed to allocating 30 million dollars to 102
schools for two years (2012 – 2014).
b. Improving School Enrolment and Attendance through Welfare Reform Measure (SEAM): this program
is aimed to Encourage parents to prioritize children’s education, keep the children engaged, and assure their
attendance at school.
c. Indigenous business Australia scholarship fund: funding (scholarship) support for indigenous adults to
allow them to learn skills, gain more knowledge, and improve the economic condition in their families.
d. Indigenous Ranger Cadetship Pilot: There are 12 remote regions and schools receiving 500,000 dollars
to be involved as Indigenous Ranger Cadetship Pilot as part of the Australian Government’s commitment to
empowering indigenous peoples and assuring them to finish their education, training, and career on land, in the
sea, and natural resources management.
e. Indigenous Youth Leadership program is aimed at supporting and improving the quality of the people
by encouraging them to finish their education for 12 years to university.
f. Investing in Focus School gives 40 million dollar fund for two years, and this fund is addressed to 284
government and non-government organizations to conduct events in education that is aimed to solve illiteracy
according to Education Action Plan 2010-2014.
g. Parental and Community Engagement Program (PaCe): mentorship for parents to allow their children
to keep taking part in education
h. Personalised Learning Plans is designed to plan learning objectives for students by teachers
i. School Nutrition Program is aimed to provide breakfasts and lunches for indigenous peoples living in
remote areas to support their presence in education and learning process.
j. Sporting Change is aimed to help achieve the outcome of students in sports and recreations.
k. Governance and leadership are given to reinforce organizations and leadership for indigenous peoples
in line with their capacity and needs. 1) supporting and stimulating indigenous peoples to take part in general
elections; 2) guaranteeing that the organizations in indigenous communities run accordingly; 3) coaching
indigenous leaders for a better leadership in their communities; 4) encouraging good camaraderie among the
members of communities; 5 supporting the unity and thoughts of indigenous peoples. [31
]
3. Policy regulating indigenous people in Latin America
Indian tribes live in approximately 50 states of the United States and 230 tribes hold legal entity and
written constitution. Chile, one of the states in Latin America, expressed the same problem when Indonesian
government visited the state to form the bill concerning indigenous peoples. Prominent figures of the indigenous
community of Chile (Indian tribe) complained that they lost their rights to cultivate their lands after land
appropriation by companies with official documents approved by government.
Chile is the only state in Latin America not governing indigenous peoples in the constitution, but it has
the law regulating indigenous peoples. With this law, the government has vigor to recover the rights of the
people to their lands taken over by investors. However, shortage of fund becomes an issue for Chile to buy back
the lands, but the attempt to recover the rights of indigenous people still deserves appreciation. [32
]
Navajo people hold the authority to govern their own matter in their own territory, especially regarding
the rights to natural resources. The first parameter of utilization of natural resources is related to their authority
to issue a regulation aimed to control their natural resources, and the second parameter is how they own their
rights to justly gain profit from the natural resources and how they hold accountability for every violation
committed in their areas.[33
]
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Rules of Navajo Communities
Navajo people issued some regulations such as the Air Pollution Prevention and Control Act, the Clean Water
Act, and the Solid Waste Act:
a. Navajo Nation Air Pollution Prevention and control Act
Due to air pollution resulting from the utilization of natural resources, the people of Navajo issued the
Navajo Nation’s Air Pollution Prevention and Control Act (“NN APPCA”), which is aimed at controlling air
pollution level in the tribal areas of Navajo. This is also intended to guarantee the health, safety, and public
welfare of the people of Navajo, and all accompanying assets such as plants and animals living in the areas.
In addition, NN APPCA requires Navajo government to make regular reports concerning the air quality to find
out which area has the highest pollution level. All projects that are conducted by either government or private
sectors and that have likelihood to have significant impacts on air quality must not cause air pollution exceeding
the level allowed by the NN APPCA.
The mechanism to enforce the law is also governed in NN APPCA since the Executive Director of
Navajo Nation of the Environmental Protection Agency concluded that NN APPCA was violated, and the
director could take some measures: 1) ordering violators to abide by NN APPCA; 2) imposing administrative
sanction, 3) taking civil action, 4) processing criminal offenses. [34
]
b. Navajo Nation Clean Water Act
Departing from close relationship between development of natural resources for energy consumption
and water use, Navajo people issued Clean Water Act (“NN CWA”). This regulation implies that releasing
pollutants into Navajo water by industries and inappropriate waste management are likely to threaten health,
welfare, and the environment of Navajo communities. Article 1311 states that in water management, water
quality standard must be designed to protect cultural values embedded to the people of Navajo; this is because
water has special values comprising cultural and spiritual dimension to the people of Navajo. [35
]
IV. CONCLUSION
Indigenous peoples have their constitutional rights that are traditional or they are called traditional
rights of indigenous peoples. According to Article 18B paragraph (2) of the 1945 Indonesian Constitution,
recognition and appreciation of the unity of indigenous peoples along with their traditional rights must be based
on the following requirements: 1. As long as they remain in existence; 2. In agreement with societal
development and with the principle of the Unitary State of the Republic of Indonesia; 3. Regulated by law. To
give respect to the existence of indigenous peoples, countries like Australia and US establish a new regulation
for indigenous peoples, while Indonesia facilitate indigenous peoples in each region along with their customary
organizations.
REFERENCES
[1]. Presented in Focus Group Discussion (FGD) about Constitutional Protection of Indigenous People held
by P4TIK of Constitutional Court. Jakarta, 21 July 2016
[2]. International Labour Organization (ILO) is a specialized agency of the United Nations in charge of
providing opportunities for men and women to get decent and productive jobs and of guaranteeing their
freedom, equality, security, and dignity. ILO is mainly aimed at promoting rights to work, extending
opportunities of employment, improving social protection, and strengthening discussions to tackle
employment-related issues.
[3]. Muazzin, Hak Masyarakat Adat (Indigenous Peoples) atas Sumber Daya Alam: Perspektif Hukum
Internasional, Padjadjaran Jurnal Ilmu Hukum, Volume 1 - No 2 - Tahun 2014, p. 322
[4]. Arif Noviyanto, Masyarakat Adat dan Gerakan Sosial di Amerika Latin: Tarik-Ulur Kehendak Untuk
Mengatur, retrieved from https://mapcorner.wg.ugm.ac.id/2018/02/ masyarakat-adat-dan-gerakan-
sosial-di-amerika-latin-tarik-ulur-kehendak-untuk-mengatur/, on 25 July 2020.
[5]. Subono, Nur Imam. (2017). Dari Adat ke Politik: Transformasi Gerakan Sosial di Amerika Latin.
Tangerang Selatan: Marjin Kiri.
[6]. Surojo Wingnjodipuro, Pengantar dan Asas-Asas Hukum Adat, Gunung Agung, Jakarta, 1983, p.
15.
[7]. Jawahir Thantowi, Perlindungan dan Pengakuan Masyarakat Adat dan Tantangannya dalam
Hukum Indonesia, Jurnal Hukum Ius Quia Iustum No. 1 Vol. 20 Januari 2013, p. 22.
[8]. Jawahir Thontowi dan Irfan Nur Rachman, dkk, Aktualisasi Masyarakat Hukum Adat (Mha):
Perspektif Hukum dan Keadilan Terkait Dengan Status MHA dan Hak-hak Konstitusionalnya,
Pusat Penelitian dan Pengkajian Perkara, Pengelolaan Teknologi Informasi dan Komunikasi
Mahkamah Konstitusi Republik Indonesia, Tahun 2012, p. 5.
[9]. Ibid
10. American Research Journal of Humanities & Social Science (ARJHSS)R) 2020
ARJHSS Journal www.arjhss.com Page | 20
[10]. Ibid
[11]. Ibid
[12]. Rudi Wijaya, Perlindungan Hak Konstitusional Masyarakat Hukum Adat (Studi Pada
Masyarakat Kasepuhan Ciptagelar Kabupaten Sukabumi Provinsi Jawa Barat, Bagian Hukum
Tata Negara Fakultas Hukum Universitas Lampung Bandar Lampung Tahun 2018, p. 6.
[13]. Ibid
[14]. Ibid
[15]. Muhamad Sayu dan Rohaida Nurdin, “Economic Dimension of the Right to Self-Determination of the
Orang Asli: the Right to Land and Natural Resources”, in: The 4 International Graduate Students
Conference in Indonesia, “Theme Indigenous Communities and The Projects of Modernity”,
Proceeding, The Graduate School UGM, 30-31 October 2012, p. 392
[16]. Muhamad Sayu dan Rohaida Nurdin, “Economic Dimension of the Right to Self-Determination of the
Orang Asli: the Right to Land and Natural Resources”, in: The 4 International Graduate Students
Conference in Indonesia, “Theme Indigenous Communities and “The Projects of Modernity”,
Proceeding, The Graduate School UGM, 3031 October 2012, p. 391
[17]. Muazzin, Hak Masyarakat Adat (Indigenous Peoples) atas Sumber Daya Alam: Perspektif Hukum
Internasional, p. 340
[18]. Ibid.
[19]. ILO Convention No. 169 concerning Indigenous Peoples, A Manual in Geneva, International Labour
Office, 2003, printed by Dumas-Titoulet Imprimeurs, France, p. 23
[20]. Ibid
[21]. Muazzin, Perlindungan Hak Masyarakat Hukum Adat dalam Kegiataan REDD, Kanun Jurnal Hukum
No. 66, Th. XVII (Agustus, 2015). p. 290.
[22]. Ibid
[23]. Alexander Mering Dan Andik Hardiyanto, Policy Brief Ruu Masyarakat Adat Menjalin Benang
Konstitusi Menuju Pengakuan Dan Perlindungan Masyarakat Adat Di Indonesia, Edisi Kedua, Februari
2020, p. 8, retrieved from https://walhi.or.id/uploads/sliders/ENewsletter/
Policy%20Brief_RUU%20Masyarakat% 20%20Adat_Opt_Med.pdf, on 2 October 2020.
[24]. Jawahir Tantowi, Pengaturan Masyarakat Hukum Adat dan Implementasi Perlindungan Hak-hak
Tradisionalnya, Jurnal Pandecta. Volume 10. Nomor 1. June 2015, p. 6.
[25]. Ibid
[26]. Yance Arizona, Memahami Masyarakat Adat: Pendekatan Evolusionis Versus Pluralis, retrieved from
file:///C:/Users/WINDOWS%2010/Downloads/Documents/memahami-masyarakat-adat-pendekatan-
evolusionis-versus-pluralis.pdf, on 25 July 2020.
[27]. presented in Focus Group Discussion (FGD) on Protection of Indigenous People held by P4TIK of
Constitutional Court. Jakarta, 21 July 2016.
[28]. Prakarsa Lintas Agama Untuk Hutan Tropis, Masyarakat Adat Pelndung Hutan, retrieved from
https://www.interfaithrainforest.org/s/Interfaith_IssuePrimer_IndigenousPeoples_ID .pdf. on 02
October 2020
[29]. Ibid
[30]. Kementrian Perlindungan dan kesejahteraan Masyarakat Adat di Indonesia: Menuju Perlindungan
Sosial yang Inklusif Direktorat Perlindungan dan Kesejahteraan Masyarakat Kementerian Perencanaan
Pembangunan Nasional/ Badan Perencanaan Pembangunan Nasional Tahun 2013, p. 49-50
[31]. Ibid
[32]. http://www.aman.or.id/2018/10/tidak-tercantum-dalam-konstitusi-tetapi-chili mengesahk an -uu-
masyarakat-adat/ retrieved on Thursday, 25 June 2020.
[33]. Made Suksrna Prijandhini Devi, Right To Nalurol Resources Sebagai Bentuk Pcrlindungan Hukum
Bagi Masyarakat Adat Di Indonesia: Belajar Dari Pemberian Right To Naturol Resources Bagi Suku
Navajo Indian di Amerika Serikat, Program Studi Ilmu Hukum Fakultas Hukum Unversitas Udayana
Oktober 2015, p. 22.
[34]. Ibid.
[35]. Ibid.