International Discourse
3. International Discourse
Nowadays, recognition of indigenous peoples’ rights has a raising tendency, as it could be seen in the culmination of respect to indigenous peoples existence demonstrated in the celebration of Indigenous Peoples Year in 1993 promoted by UN as a continuation of a series of world conventions which put an accent to the importance of implementation of customary-based community empowerment by the members of UN. Those conventions are:
1. International Labor Organization (ILO) Convention No. 169/1989; Article 6 contains participation and consultation principles in the whole decision-making process which have an impact on indigenous peoples at national level. Article 7 to Article 12 contains various aspects of relationship between “adat law system” and “national law system”. Article 13 to Article 19 contains the arrangement of “the Rights to adat Land”.
2. Rio Declaration 1992 and Agenda 21/1992 in Article 22 basically emphasizes the importance of recognition and empowerment of customary-based community in order that they can get a fair and just treatment.
3. UN Document Draft on Indigenous Peoples’ Rights (UN’s Document No. E/CN.4/Sub.2/1993/29) clarifies the necessity of taking sides with indigenous peoples which have been ignored for so many years.
4. Resolution of World Conservation Strategy, Caring for the Earth 1991 which supports the special and important role indigenous peoples all over the world in caring the earth.
5. Resolution of 18 th General Assembly of World Conservation Union, IUCN, which supports indigenous peoples’ rights in acclamation including right to utilize local natural resources wisely in accordance with their own tradition.
6. International Tropical Timber Agreement 1994 in ITTO Guidelines stated that the activities of forest management should recognize forest-dependent indigenous peoples’
interests and other local forest-dependent community.
7. IUCN working Group on Community Involvement in Forest Management in 1986 recommended that the natural forest regeneration which indigenous peoples always perform in their natural resources management have to be recognized as an alternative to forest regeneration.
8. Convention on Biological Diversity 1992 has been ratified and legislated in Law No. 5/1994. As an effort to protect indigenous peoples’ intellectual property right (IPR), sharing technology, and bio-savety.
9. United Nations Declaration and Program of Action to Combat Racism and Racial Discrimination 1978 in Article 21 recognizes indigenous peoples’ right to preserve their traditional economic structure and culture, including their language and special relationship with land and natural resources that can not be taken away from them.
10. World Council of Indigenous Peoples (WCIP) in Kiruna, Swedia 1996 emphasized that indigenous peoples’ right to land is a complete property right no matter they hold the legal rights published by government or not.
11. Manifesto Mexico in the World Forestry Congress 10 th 1985 emphasized the necessity of recognition of indigenous peoples’ institution and its original knowledge to manage the forest including the activity of protection and utilization of forest that is called community-based forest management.
12. The results of 10 th World Forestry Congress 1991 in Paris emphasizes the necessity of taking sides with marginalized peoples including indigenous peoples and asserts the 12. The results of 10 th World Forestry Congress 1991 in Paris emphasizes the necessity of taking sides with marginalized peoples including indigenous peoples and asserts the
13. In Basic Principles FAO on National Forestry Action Plan it is stated in principle no.4 concerning Forestry Program Planning that stakeholders including indigenous peoples and women’s group should be involved in consultation process, and in principle no.5 on Holistic and Inter-sectoral approach it is stated that Indigenous Peoples and Forest- dwelled community have to be seen as an integrated part of ecosystem.
14. Declaration of International Alliance of Indigenous and Tribal Peoples of the Tropical Forest 1996 insists that Indigenous Peoples recognize that for long term interests their lives will sustainably utilize forest natural resources and acknowledge the importance of conservation. Indigenous Peoples also recognize that the capability of conservation organization could be used for developing and improving self-supporting capacity and getting a mutual relationship based on transparency, accountability, and reliability.