The Jayapura Indigenous People Task Force (GTMA) Jointly with the Indigenous People were set forth a Customary Land Mapping Activities

Customary land mapping activities by Jayapura Indigenous People Task Force (GTMA). (GTMA / Agus)

In commemorating The World Human Rights Day on December 10, 2020, the Jayapura Papua Regency Government, together with the Indonesian National Human Rights Commission (Komnas HAM-RI), held a meeting with customary leaders and other stakeholders has been supporting the Indigenous Peoples movement. This virtual meeting was held as an effort to strengthen stakeholder’s synergy and confirm the establishment of customary land, which is the manifestation of human rights protection and appreciation. In particular, the Jayapura Regency government provides support and appeal to the customary chiefs not to sell their customary lands.

Komnas HAM commissioner, Sandra Moniaga, in her speech confirmed “that human rights belong to everyone and should not be disputed ever since one is still in the womb”. This right is affirmed in the constitution (UUD 1945), the Human Rights Law (Law No.39 of 1999), the Law on the Elimination of Racial and Ethnic Discrimination (Law No. 40 of 2008), the DUHAM (Universal Declaration of Human Rights), and a number of conventions that have ratified, “explained Sandra Moniaga via zoom meeting, Thursday (10/12/2020).

Meanwhile, Jayapura Regent Mathius Awoitauw conveyed message related to the issuance of the Presidential Instruction for the Acceleration of Welfare Development in Papua and West Papua Provinces (Presidential Instruction No.9 of 2020). The Regent said that this needs to be followed up with a proper data collection process on the existence of indigenous peoples along with their rights. Necessary steps need to be taken in respond to this, the first need to be ensure is the customary force and their institutions must function accordingly to set out our future. Therefore, customary villages must be strengthened to play their role properly. Secondly, the living space or customary territory must be ascertained. Currently, the Jayapura Regional Government has established the Indigenous Peoples Task Force (GTMA), and since 2018 the task force has been working to collect data.

“I hope the customary community itself will support on this effort, and the boundaries can be verified. Furthermore, it has to be confirmed on a map, the certainty of ownership is important, because we are landowners and therefore it must be confirmed later through GTMA and furthermore been registered with BPN so that it is recorded (as a communal right), “said Regent Mathius Awoitauw in a meeting held in the office hall of Jayapura Regent”.

“This certainty is very decisive in order set out the clarity of the data when other parties want to operate in the area. With this Presidential Instruction, we should not lose what we have. According to him, if possible, in the future people should not be selling their land anymore, losing land will only contributed to the loss of one’s identity. Selling the land only leaves big problems to their children and grandchildren, they will fight in the future. Referring to past experiences, there was never any prosperity from selling their lands, instead it leads to a continuous conflict.

“I am concerned that this Presidential Instruction will create movements around us and because of that, these determinations of rights need to be discussed throughout the villages,” said the Regent.

The momentum of 10 December 2020 as World Human Rights Day is defined to discuss more related to the rights of Indigenous Peoples. Lately, there have been many repeated land issue and land grabbing related with different communities. Regent Mathius hopes that these experiences should never happen again, and the peoples right related to their lands must be protected and respected.

Finally, if possible, in the future, if needed, local community may create collaboration with other party for land utilization.  Should a company wish to operate in the area, it should be well discussed on what kind of profit-sharing mechanism that will be applied, but the most important is the land cannot be sold for business cooperation by the Indigenous People.

Furthermore, the Regent of Jayapura said, we can apply those mechanism on our land, it is important for all parties to agree that the land is not for sale on every land cooperation established.  That mechanism is favourable and hopefully we will never lose our land, this is important matter to be discuss in the future. Welcoming the future with full of hope, hoping that our children and grandchildren will live happily”.

Meanwhile on the same occasion, Zadrak Wamebu, S.H, one of the founders of PtPMA, who is also a former Deputy Regent of Jayapura Regency in 2001-2016 stated that regarding the human rights of indigenous peoples, it means we are talking about communal rights, not individual rights. In the future, what needs to be registered is communal rights and not individual rights.”Land is everything and if we cut ties with land, we have absolutely no rights anymore, everything is lost,” said Zadrak.

In line with that, Martua T. Sirait from the Samdhana Institute said that the Indigenous Peoples Task Force (GTMA) is an engine to promote the rights of Indigenous Peoples over their land and natural resources, starting from the identification and mapping of customary territories, registration of customary lands and recognition of their customary forests as part of their identity development. This initiative needs to be continuously supported and in line with Presidential Instruction No. 9/2020 concerning the acceleration of the development of Papuan welfare. This activity was also attended by Abdon Nababan from the Alliance of Indigenous Peoples of the Archipelago (AMAN), Kasmita Widodo from the Customary Territory Registration Agency (BRWA), and other activists.

The article is rewritten from the first article that has been published: “Masyarakat Adat Dilarang Jual Tanah, Bupati Jayapura: Kehilangan Tanah, Sudah Pasti Kehilangan Jati Diri“, www.celebesta.com, Edisi 10 Desember 2020.