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| This file aerial photograph taken on June 7, 2012 shows lush tropical forest in Central Kalimantan (AFP Photo/Romeo Gacad) |
An
Indonesian court has ruled indigenous people have the right to manage forests
where they live, a move which supporters said prevents the government from
handing over community-run land to businesses.
Disputes
between indigenous groups and companies have become increasingly tense in
recent years, as soaring global demand for commodities like palm oil has seen
plantations encroach on forests.
In
Thursday’s ruling, Constitutional Court judges said that a 1999 law should be
changed so it no longer defines forest that has been inhabited by indigenous
groups for generations as “state forest,” according to court documents.
“Indigenous
Indonesians have the right to log their forests and cultivate the land for
their personal needs, and the needs of their families,” judge Muhammad Alim
said as he handed down the ruling, state news agency Antara reported.
While
environmentalists welcomed the ruling, they warned it could unintentionally
lead to an upsurge in disputes between authorities and communities over the
classification of indigenous land.
In March,
seven villagers were shot and at least 15 police officers were injured in North
Sumatra, where a dispute over a forest claimed by both the community and
government has been simmering since 1998.
The
National People’s Indigenous Organization filed the challenge to the 1999 law,
which they say has let officials sell permits allowing palm oil, paper, mining
and timber companies to exploit their land.
The group
said Friday’s ruling affected 40 million hectare of forest — slightly larger
than Japan, and 30 percent of Indonesia’s forest coverage.
They said
this area was legally classified as “customary forest,” the term that describes
forests that have been inhabited by indigenous people for a long time.
“About 40
million indigenous people are now the rightful owners of our customary
forests,” said the group’s chief Abdon Nababan.
However, a
senior forestry minister official said he believed the total amount of
“customary forest” was far lower, and stressed it could take time to implement
the changes as local governments would all need to issue a decree.
Stepi
Hakim, Indonesia director of the Clinton Climate Initiative, said the ruling
would give legal grounds for indigenous communities to challenge businesses
operating in their forests, but this could lead to a string of new disputes.
“As soon as
this policy is delivered, local governments have to be ready to mitigate
conflicts,” he said.
Indigenous
groups are commonly defined as those that retain economic, social and cultural
characteristics that are different from those of the wider societies in which
they live.
Agence France-Presse
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