Dayak Iban association urges urgent legislation for indigenous rights following international forums

by · Borneo Post Online
Bidayuh tribesmen in traditional costumes at the Gawai Dayak Niti Daun 2024. – Photo by Chimon Upon

KUCHING (Oct 26): Governments must urgently legislate indigenous customs and traditions through which indigenous people have acquired rights to their lands, territories and resources, in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007), said Sarawak Dayak Iban Association (Sadia).

The call was made following three international forums on indigenous people attended by Sadia in the last six months overseas.

“Within the past six months, the Sarawak Dayak Iban Association participated in three international meetings, represented by its treasurer Tuai Rumah Ruekeith Jampong of Langkang Ili, Engkilili,” the association said in a statement yesterday.

The first summit took place in New York from April 15 to 26, 2024, followed by the second in Bogotá, Colombia from Aug 26 to 29, 2024, and the third in Geneva from Oct 8 to 10, 2024.

The New York summit, which was the 23rd session of the Permanent Forum on Indigenous Issues, focused on enhancing indigenous people’s right to self-determination, particularly through the UNDRIP special emphasis on amplifying the voices of indigenous youth.

Discussions addressed six key areas – economic and social development, culture, environment, education, health and human rights – ensuring alignment with the rights outlined in the Declaration and the 2030 Agenda for Sustainable Development.

The event also included dialogues between indigenous people, member states, and UN agencies to promote collaboration on human rights issues.

The forum explored future priorities, including the outcomes of the World Conference on Indigenous Peoples and the provisional agenda for the next session in 2025.

The session aimed to adopt a report summarising the discussions and outcomes, Sadia said.

Ruekeith called for governments to legally recognise indigenous people’s rights to their lands, territories and resources, in line with UNDRIP, citing Article 26(3) of UNDRIP, which states: “States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous people concerned.”

In Bogotá, the TRɄA World Summit on traditional knowledge focused on increasing the visibility of indigenous knowledge and the contributions of indigenous people and local communities to biodiversity conservation and climate action.

This aligned with the objectives of the Kunming-Montreal Global Biodiversity Framework (KMGBF) and the Paris Agreement. The summit fostered informal dialogue between government representatives and indigenous people to build consensus on recommendations from the 12th Meeting of the Working Group on Article 8(j) of the Convention on Biological Diversity, to be considered at COP16.

Ruekeith actively participated in discussions on Article 8(j), emphasising the critical role of traditional knowledge in biodiversity conservation and climate action, Sadia said.

The session facilitated the exchange of insights, developed recommendations for KMGBF implementation and the new Article 8(j) Program of Work, and proposed actions for COP16 and UNFCCC-COP29.

At the Geneva summit, themed ‘Just Transition: Indigenous Peoples’ Perspectives, Knowledge, and Lived Experiences’, participants challenged mainstream interpretations of the ‘Just Transition’ to a ‘Green Economy’, which often overlook the full impact on indigenous peoples and fail to deliver true justice.

The summit affirmed a rights-based framework for proposed extractive projects on indigenous lands, rooted in the principles of Just Transition.

This framework incorporated the collective rights outlined in UNDRIP, including self-determination, free, prior and informed consent (FPIC), cultural preservation, land and territorial rights, participation in decision-making, and alignment with the Paris Agreement.

Over 100 indigenous representatives from seven socio-cultural regions gathered to define ‘Just Transition’ and the ‘Green Economy’ from their perspectives, Sadia informed.

Ruekeith was appointed to the drafting committee for the 11 Indigenous Principles for Just Transition and the 10 Commitments for Action and Implementation.

The committee’s draft was endorsed by the delegates.

“For indigenous people, it would only be just and fair if ‘Just Transition’ means sustaining their traditional institutions and governance systems based on their respective traditions and way of life,” Ruekeith was quoted as saying in the press statement.

“This includes respect for and recognition of their role in enhancing biodiversity conservation, slowing and halting desertification and ice thaw, and restoring lands and waters to protect life, thereby helping to reduce the impact of climate change.

“Indigenous people must be included in government policies and decision-making processes if they are to benefit from the energy transition at all,” he added.

Speaking on behalf of the Asian Caucus, Ruekeith highlighted significant gaps between governmental commitments under UNDRIP and the legal protections available in many Asian countries.

He stressed that renewable energy projects on indigenous lands often proceed without obtaining FPIC, violating the spirit and intent of UNDRIP.

Delegates emphasised the importance of amplifying indigenous engagement in global forums to ensure that their perspectives shape international policies.