The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

Abstract

Since the Indonesian government adopted the Agrarian Law 1960, which emphasises that any lands or territories without land title or land certificate are claimed belong to the state property, Indigenous peoples argue that the right over their land is based on a common recognition, instead of an official certification. This article aims to analyse the applicability of international cultural rights’ norms in protecting Indigenous rights to land in Indonesia. Several international instruments, such as the UNESCO Conventions, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, have been urged that any government shall respect and protect cultural rights for everyone, including Indigenous peoples. Therefore, protecting Indigenous intangible and tangible cultural heritage would not be possible without protecting their ancestral lands, territories and resources. In other words, securing the right to traditional lands is a prerequisite for Indigenous communities’ cultural survival in Indonesia.