Indigenous Peoples’ Initiatives for Land Rights Recognition in Asia Asia Indigenous Peoples Pact (AIPP) INDIGENOUS PEOPLES’ INITIATIVES FOR LAND RIGHTS RECOGNITION IN ASIA © Asia Indigenous Peoples Pact (AIPP) Foundation, 2016 All rights reserved The contents of this publication may be reproduced and distributed for non- commercial purposes provided that consent of AIPP is acquired and the authors are acknowledged as the source. Editors: Jill Carino and Luchie Maranan Writers: Jade Tessier, Prabindra Shakya, Joan Carling and Patricia Wattimena Contributors: Cambodia: Vichet Mong, Highlanders Association (HA) Indonesia: Annas Radin Syarif, Aliansi Masyarakat Adat Nusantara (AMAN) Malaysia: Mark Bujang, Borneo Resources Institute (BRIMAS) Philippines: David E. De Vera, Philippine Association For Intercultural Development (PAFID) India and Thailand: Jade Tessier and Prabindra Shakya, AIPP Photos: Nura Batara Tpat Maneerat Phan Sokhet Chansophea Sompoy Puah Sze Ning Maybelle Wayas/TFIP Jiten Yumnam Inter Mountain Peoples Education and Culture in Thailand (IMPECT) Title page photo: An indigenous elder herding buffaloes in Toraja, South Sulawesi, Indonesia, by Nura Batara Publisher: Asia Indigenous Peoples Pact (AIPP) Foundation 108 Moo 5, Soi 6, Tambon Sanphranate, Amphur Sansai Chiang Mai 50210 THAILAND Tel: +66 (0)53 380 168, Fax: +66 (0)53 380 752 Web: www.aippnet.org ISBN: 978-616-7898-25-4 Layout and Printing: AIPP Printing Press Co. Ltd. The publication has been made possible with the generous support of the Tamalpais Trust. DISCLAIMER: The contents of this publication are the sole responsibility of the AIPP and the authors and cannot under any circumstance be regarded as reflecting the position of the Tamalpais Trust or its related organs. Indigenous Peoples’ Initiatives for Land Rights Recognition in Asia Asia Indigenous Peoples Pact (AIPP) Puah Sze Ning An indigenous elder of Temiar walking on his community's traditional land which has just been cleared for agriculture, Lojing, Kelantan, Malaysia ACKNOWLEDGEMENTS The Asia Indigenous Peoples Pact (AIPP) would like to thank Tamalpais Trust for its generous and continuous support to the work of AIPP including the publication of this important document. We would also like to extend our appreciation and acknowledgement to AIPP members and partners who contributed to this publication, namely:  Vichet Mong, Highlanders Association (HA), Cambodia  Annas Radin Syarif, Aliansi Masyarakat Adat Nusantara (AMAN), Indonesia  Mark Bujang, Borneo Resources Institute (BRIMAS), Malaysia  David E. De Vera, Philippine Association for Intercultural Development (PAFID), Philippines This publication would not have the spirit that it has without the tireless work of the overall AIPP secretariat team, in particular the invaluable contributions provided by Jade Tessier, Volunteer, and Prabindra Shakya, Coordinator of the Human Rights Campaign and Policy Advocacy Programme, together with Patricia Wattimena, AIPP Advocacy Coordinator. We would also like to sincerely thank Jill Carino and Luchie Maranan for their full support in editing the publication. Last but not least, AIPP dedicates this publication to the indigenous peoples in Asia including indigenous women, youth and indigenous persons with disabilities, who continue to assert and defend their collective rights to their lands, territories and resources. We hope that this publication could contribute to increase the awareness and to empower indigenous communities, organizations and networks in Asia and across the world. Joan Carling Secretary General Asia Indigenous Peoples Pact i TABLE OF CONTENTS INTRODUCTION 1 Legal Recognition of Indigenous Peoples’ Land Rights in 4 Asia: An Overview Achievements and Lessons Learnt 10 Challenges 14 Conclusion 15 Recommendations 16 CAMBODIA 21 Indigenous Peoples in Cambodia: A Background 18 National Policy and Legal Framework on Traditional Lands 18 Registration of Collective Land Titles 20 Registration of Economic Land Concessions 21 Lessons Learnt and Good Practices in Land Rights Recognition 21 Community Mapping Activity 23 Advocacy on Land Rights Recognition 25 Challenges 27 Conclusion 28 Recommendations 29 INDIA 31 Indigenous Peoples in India: A Background 32 Definition of Indigenous Peoples 32 National Policy and Legal Framework on Traditional Lands 33 Land Alienation and Acquisition 36 Community Mapping in India 37 Conclusion 41 Recommendations 41 ii INDONESIA 43 Indigenous Peoples in Indonesia: A Background 44 National Policy and Legal Framework on Traditional Lands 44 Indigenous Peoples’ Initiatives for Land Rights Recognition 47 Conclusion 57 Recommendations 58 MALAYSIA 59 Introduction 60 Indigenous Peoples in Malaysia 61 CAMBODIA Native Customary Land Rights Recognition in Sarawak 63 Using Community Mapping as Evidence for Claiming NCR in Court 65 Achievements, Challenges and Lessons Learnt 67 INDIA Conclusion 68 Recommendations 68 PHILIPPINES 71 INDONESIA Indigenous Peoples in the Philippines: A Background 72 Definition of Indigenous Peoples 73 National Policy and Legal Framework on Traditional Lands 73 MALAYSIA Community Mapping in the Philippines 81 Challenges to Community Mapping 86 Conclusion 87 PHILIPPINES Recommendations 87 THAILAND 89 Indigenous Peoples in Thailand: A Background 90 THAILAND Definition of Indigenous Peoples 90 National Policy and Legal Framework on Traditional Lands 90 Community Mapping in Thailand 92 Challenges 97 Conclusion 97 Recommendations 97 #LANDRIGHTSNOW CAMPAIGN – POLICY ASKS 2016 – 2020 99 iii Puah Sze Ning Indigenous women and man harvesting rice in Alutok village, Sabah, Malaysia I NTRODUCTION 1 INTRODUCTION With optimism and high hopes, indigenous peoples in Asia and around the world welcomed the adoption by the United Nations General Assembly of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in September 2007. The declaration was won after a long negotiation and lobbying process by indigenous representatives within the UN system that lasted for more than two decades. The hard work paid off with the passage of the Declaration, setting the minimum international standards for the recognition of indigenous peoples’ rights, and leading the way for States and UN agencies to come up with their own laws and policies recognizing indigenous peoples. Besides the UNDRIP, indigenous peoples have gained other significant achievements at the international level including the creation of UN mechanisms whereby indigenous peoples can actively participate to assert for the recognition of their rights, such as the UN Permanent Forum on Indigenous Issues (UNPFII) and the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP). At the same time, UN agencies, intergovernmental and multilateral bodies, financial institutions and international conventions have developed policies and guidelines to address indigenous peoples’ rights within their respective mandates. Yet another major milestone in the international indigenous peoples’ movement was the Outcome Document of the World Conference on Indigenous Peoples (WCIP)1 that reaffirmed support for the UNDRIP and declared the commitment of the UN system and its member states to take, “appropriate measures at the national level, including legislative, policy and administrative measures, to achieve the ends of the United Nations Declaration on the Rights of Indigenous Peoples.” Further, States committed to obtain consent “prior to the approval of any project affecting their lands or territories and other resources” and to establish at the national level, fair, independent, impartial, open and transparent processes to acknowledge, advance and adjudicate the rights of indigenous peoples pertaining to lands, territories and resources.”2 Indigenous peoples have also participated in the UN processes on the 2030 Agenda for Sustainable Development, also known as the Sustainable Development Goals (SDGs). States have adopted 17 Goals and 169 targets to be measured through indicators. Two of the targets include the rights of indigenous peoples and women to land. The main call of the SDGs is “leaving no one behind.” From indigenous peoples’ perspective, securing collective land rights is a critical foundation for the eradication of poverty, food security, forest and biodiversity protection in relation to the sustainable goals, as well as ensuring the self-determined development of indigenous peoples in line with their overall wellbeing. 1 A High-Level Plenary Meeting of the UN General Assembly held in New York on September 22-23, 2014 2 United Nations General Assembly. Outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples. 15 September 2014 2