Recognition of rights of tribal people necessary
Recognition of rights of tribal people necessary
JAKARTA (JP): Legislators argued on Friday constitutional
recognition of the rights of tribal lands was necessary, despite
the technical complications such an amendment could cause.
Slamet Effendy Yusuf of the Golkar Party faction and Yusuf
Muhammad of the National Awakening (PKB) faction urged caution,
saying the technical implementation of such an article would
create controversy.
Slamet conceded that granting such rights would cause
confusion and disrupt some economic activity, particularly with
forest and mining concessions.
"Most of the uninhabited land in the country is traditionally
owned by local tribes. If they are granted such rights, it means
all timber and mining firms could be stopped from operating,"
Slamet told The Jakarta Post on Friday.
He admitted the amendments currently being debated did not
adequately guarantee the rights of local tribes but, on the other
hand, there also were some people who considered the amendments
as going too far toward etatism.
A working committee of the People's Consultative Assembly has
proposed an addition to the draft Article 28 on human rights
which would help protect traditional societal cultural
identities, including the rights of the lands traditionally owned
by local tribes.
The constitutional recognition of such rights could imply
local tribes who are the acknowledged traditional occupants of
the land could suspend economic activity on their land.
Some people, however, believe the amendments do not go far
enough.
A coalition of non-governmental organizations considers the
new articles ambiguous and weak, saying they fail to state
clearly how the state will protect tribal rights.
Slamet remarked there was a danger these rights could bring
local tribes into direct confrontation with the state, which also
has the right to manage the nation's natural resources.
"The important thing is we have to establish an equilibrium
between the state, the private sector and society," he said.
Yusuf Muhammad also recognized the potential for conflict.
However, he contended it was more important now to focus on the
fundamental issue of the recognition of tribal rights and not get
bogged down in the technicalities which may later arise.
"I believe everybody agrees that we need to include the
article, but let's talk about the constitutional recognition
first because the technical application may create controversy in
the future," Yusuf said.
Another legislator, Nursyahbani Katjasungkana, said the
article should include the stipulation that the implementation of
the article be regulated by a law.
"We should add that term to provide a stronger implementation
of the article. However, constitutional recognition is very
important," she said. (nvn/dja)