Asia Indigenous Peoples Pact

Equality among all peoples and between women and men

Indigenous peoples are free and equal to all other peoples. Indigenous women are free and equal to all men and women. they have the right to be free from violence and any kind of discrimination in exercising their rights, in particular those based on their indigneous origin or identity. State must ensure that all women can enjoy the same human rights and fundamental freedoms as men in political, social, economic and cultural fields by passing laws to end discriminatory practices against women and ensuring those laws are enforced. (UNDRIP Articles 2, 22 & CEDAW Articles 1,2,3,15)

Free, Prior and Informed Consent is a mechanism and a process wherein indigenous peoples undertake their collective decision on matters that affects them, as an exercise of their right to their land, territories and resources, their right to self-determination and to cultural integrity.

FPIC is an iterative process that should be undertaken in good faith to ensure mutual respect and meaningful participation of indigenous peoples in decision-making on matters affecting them. It requires the conduct of a series of consultations, dialogues, exchanges, and interactions between indigenous peoples and those requiring their consent and agreeement for the entire cycle of a project from planning, implementation and monitoring. Thus FPIC should ensure the full and effective participation of indigenous peoples in all project-related process that affect them.

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Jakarta, 16 May 2013 – Constitutional Court has accepted the Judicial Review of some parts of Act No. 41/1999 on Forestry (Undang-Undang Kehutanan or UUK) submitted by the Indigenous Peoples’ Alliance of the Archipelago (AMAN), Thursday (16/5).

Although the Court didn’t agree on all requested reviews, AMAN warmly welcomes the decision announced in Plenary Hall of Constitutional Court. This ruling means that the Indigenous Peoples of the Archipelago are legal subjects and customary forests are not State forests. Hence Indigenous Peoples will get back their rights over their customary forests seized by the State through UUK.