National park management policy is still neglecting sociocultural
238 Yeinan and Marind-
Kuper Ethnics’ customary territory became national park areas.
Negligence of sociocultural aspect is clearly observed in the consideration of national park establishment written in the establishment letter. Customary
communities whose areas were designated as national park were not informed previously, although they are said to be involved in the
establishment of the national park.
Study on the content of national parks’ establishment lettersdesignation decree letters showed that only one
national park that clearly stated that customary community existence as one of consideration for its establishment, namely Bukit Dua Belas NP. For
KMNP, existence of customary community as consideration was because of impact from customary commun
ity’s resistance on the establishment of Kayan Mentarang Nature Reserve on their customary territory, so that the
government change the statusfunction to national park. Colchester [4] stated that in Indonesia, though the State law recognizes customary rights
and acknowledge common property hak ulayat, the government interpreted it as forest product collection rights on government lands that is
weak before law, so that customary community rights was not guaranteed and considered as neglected subject.
The establishment of national park in customary territory had aroused conflict, since it had not incorporate traditional management system in its
management system. Therefore, policy change on national park management in customary territory need to be done. Various international
agreements in conservation area management related to customary
communities and customary communities’ capabilities that factually could implement conservation actions become appropriate reasons to develop
national park governance with customary community perspectives. Through this policy, systems which available in the customary communities
become main guide in national park management policies and actions. Of course, this become important basic capital for the achievement of
biodiversity mandate in national park management and for customary
communities’ livelihood. The significance of customary community in the protected area
management was clearly stated as the results of the fifth World Park Congress. One of its declarations stated that all protected area, both
currently exist and will be established, must be developed and managed by honoring rights of customary communities, adopt customary systems and
pay for the restitution from the utilization of natural resources used. Each
239 country must start identification of customary community and regulation
related with protected area management and its customary communities. In this declaration, honor to customary communities’ rights through free, prior
and informed consentFPIC on all actions which affect land, territory, and their natural resources was considered as important tools in achieving social
and environmental sustainability. Honoring the rights by conservation institution must end conflicts that suffer customary communities. By
honoring customary community’s right, and especially right on FPIC, the future protected area can be formed in the customary territory so far there
is agreement on the management techniques on these areas, based on recognizing customary community rights to own and control the land and
territory. Beyond that, in Durban declaration it is stated that customary forests, lands,
or customary lands that was taken over by the government for establishment of protected areas without consent in the past, must be returned to the
customary communities. Observation on the customary communities’ rights for FPIC must also ensure that development schemes can only be
implemented in their territories if impact on customary communities has been answered until the customary communities themselves sure that such
projects will benefit them in the long period.
Honor to right to say “NO” must be stopping development schemes that are pushy and destroy cultures.
Therefore, contributed to utilization and conservation of natural resources sustainably.