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Threatened indigenous communities in Indonesia are turning to the EU for support in light of diplomatic visits and negotiations between the EU and Jakarta over a potential free trade agreement (FTA).
A few weeks ago, indigenous human rights defenders from the remote Aru archipelago spoke to the European Parliament, drawing attention to the legal battle over land rights currently pending before Indonesia’s national courts.
Activists say the development of the archipelago on Indonesia’s eastern fringe has become a classic example of land grabbing and violations of indigenous peoples’ rights.
“If we lose the case, we will lose everything. We will lose our people, our culture, our traditions and our fauna,” Maritjie, an indigenous human rights defender who asked not to be named for security reasons, told DW.
A social media campaign has been launched on Twitter, Facebook and other sites under the hashtag #SaveAru to amplify the work of Indigenous activists. However, since 2021, it has become more difficult to criticize the government.
“In Indonesia, we have the Information and Electronic Transactions Law (ITE Law). As human rights defenders, it is not easy for us to have a voice on social media. Sometimes when we criticize the government, we are seen as rude people,” Maritija Say.
Frontier Ayu Islands
For decades, the Aru Islands went unnoticed by companies cleaning up Indonesia’s rainforest. But there are signs that the Aru Islands could be the next victim of deforestation in Indonesia.
According to Global Forest Watch, Indonesia lost 9.95 million hectares of primary forest between 2002 and 2021, making it one of the five countries with the most forest loss globally over the past 20 years.
Several groups are interested in developing the archipelago. These include the Menara Group, which wants to clear forests for sugar cane plantations, and the Indonesian navy, which wants to use the land for military purposes.
Eko Cahyono, a senior researcher at the NGO Sajogyo Institute, told DW: “The seizure of traditional lands by the Indonesian navy and national development projects will eliminate the main source of livelihood for indigenous peoples.”
According to Cahyono, the indigenous peoples of Aru and throughout Indonesia have a close relationship and dependence with forests, oceans, mountains and natural resources. Taking their land would ultimately destroy their lives, he added.
Turn to Europe for support
Maritije urged European representatives to put pressure on the Indonesian government to keep the land in indigenous hands.
“Everything we have is rich. But the Indonesian government thinks we don’t know how to manage our land. Even if we don’t know how to manage it, we can learn,” she said.
Yance Arizona, a lecturer at the Faculty of Law at Gadjah Mada University in Yogyakarta, told DW that free trade agreement negotiations allow Europe to use its influence to support indigenous rights.
“I think Europe has an opportunity to protect the rights of indigenous peoples as part of trade agreements. The idea of inclusive trade ensures that free trade agreements are not only good for both businesses, but also for more vulnerable people, like Indigenous peoples,” Arizona State tell Deutsche Welle.
In August 2022, on the occasion of the International Day of the World’s Indigenous People, the European Union announced that it will invest 7 million euros ($7.04 million) in support of the rights of indigenous peoples around the world as part of the Global Gateway Investment Programme.
“The EU will invest in enabling indigenous communities to monitor and report human rights abuses and environmental damage,” a statement said.
Aboriginal rights have no legal protection
According to the International Working Group on Indigenous Affairs (IWGIA), Indonesia has an estimated 500 to 70 million indigenous peoples (18% to 19% of the total population).
Arizona says Indigenous communities are not reluctant to develop. “Especially in areas like Sumatra, I’ve found that many local communities welcome investment. What they’re against is losing their land,” said Arizona State, a law lecturer.
In Indonesia, however, the rights of indigenous peoples are not legally protected, which excludes them from the decision-making process.
“To fully understand the rights situation of indigenous peoples in Indonesia, one must go beyond the constitution. The government is not serious about developing a legal framework to protect indigenous rights in Indonesia,” Arizona said.
According to Arizona, the current legal process for indigenous peoples in Indonesia to enjoy traditional land rights is complex and involves many state actors.
In the case of the Aru Islands, it takes a long time for communities to obtain the legal status of indigenous groups and obtain government decrees on their land and forest rights.
Legal reforms are necessary if the Aru are to succeed in their struggle for land rights. “If their land rights have no legal basis, it is easy to fire them. A good law is a prerequisite for resolving many indigenous land conflicts in Indonesia,” Arizona said.
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