Vita A.D. Busyra – President Susilo Bambang Yudhoyono is facing criticism over delays in issuing a decree to implement a Constitutional Court verdict handing over the country's customary forests to their indigenous people.

One year on, the ruling shows no signs of being realized, civil society groups said on Tuesday, resulting in continued conflict between indigenous groups, companies and local governments over the management of the forests.

The Indigenous Peoples Alliance of the Archipelago (AMAN) and other nongovernmental organizations are planning to send an open letter to Yudhoyono as well as the country's next leader if the former fails to act during his term, which ends in October.

Abdon Nababan, AMAN secretary general, expressed hope that Yudhoyono would not want to end his term with red marks on his presidential performance record, leaving a legacy of ignoring the plight to save the forests and their inhabitants.

"Therefore, I believe he will consider this issue," he said during a discussion to commemorate the one-year anniversary of the verdict on Tuesday.

Abdon said a presidential decree would detail instructions to both the central and regional governments on the steps they can take to help empower the country's indigenous population.

This can be accomplished, he explained, by allowing them to manage and benefit from their own forests without damaging the environment. Deputy secretary general of the Agrarian Reform Consortium (KPA) Iwan Nurdin said the matter has been prolonged by ministries that hold a vested interest in the areas to be transferred.

"Although Yudhoyono has given his commitment, other officials – particularly the Home Affairs Ministry and the Forestry Ministry – are against the idea," he said, adding that the indigenous people have not received any benefits from the customary lands as part of reciprocal promises the government had made.

"They [ministries] should receive the blame; they issued permits for their own interests, leaving the indigenous people and the country with nothing," he said.

Iwan also "rent-seeking political elites" failed to prioritize an agenda for a agrarian reform.

"The imbalance in land ownership between corporations and the native inhabitants is still extremely high."

Agrarian conflict

The indigenous community, people who hail from customary forest areas and their surroundings, have been pushed out from their own homes by agrarian conflicts, activists said.

Data collected by AMAN revealed that the 143 violent clashes recorded in 2013 were just the tip of the iceberg as researchers claimed missing reports and incomplete documents of many other instances were not taken into consideration.

"The agrarian conflicts have violated human rights. More locals will be punished as criminals and poverty will remain high as long as the government does nothing," Abdon said.

AMAN, in a joint venture with other NGOs including Epistema, HuMa, WALHI, Greenpeace, Forest Watch Indonesia, Agrarian Reform Consortium (KPA) and Indigenous Territory Registration Board (BRWA) plan to draft a proposal on what the current government can do to bring justice to the indigenous people.

Sandra Moniaga, commissioner of the National Commission of Human Rights (Komnas HAM), said her institution has initiated a national inquiry and conducted thorough investigations on issues connected to the status of the basic rights of Indonesia's indigenous communities, particularly those still living in forests and their surroundings.

"I expect the national inquiry to become a priority, because numerous cases of infringement have caused national concern in the past," she said, adding that last year's Constitutional Court (MK) verdict should not only reinstate the indigenous people's rights, but further expand them and empower indigenous people.

Mirna A. Safitri, executive director of the Epistema Institute, emphasized that local governments had an important role in carrying out orders issued by the MK as the central government has mandated the implementation to the regions in question.

"Each region's bylaws are still far from satisfactory and, thus, should be improved. We need more regulations that look after the indigenous community's best interests, preserve their homes and improve their way of living," she said.

Mirna added that the MK verdict should also help to establish a peaceful relationship between the indigenous communities and the modern society that surrounds them.

Source: http://www.thejakartaglobe.com/news/call-decree-restoring-forests-indigenous-implemented/