The Legal Protection System of Indigenous Peoples in the Southeast Asia (ASEAN)

Sholahuddin Al-Fatih
Graduate School of Government Law, Airlangga University
sholahuddin.alfath@gmail.com

Zaka Firma Aditya
Graduate School of Government Law, Airlangga University
zaka.aditya@gmail.com

Abstract
Globalization has a bad impact for the indigenous peoples in Southeast Asia countries. The demands of globalization has led the governments in Southeast Asia countries to do exploitation and industrialization of the indigenous region in excessively. Consequently, many indigenous peoples are marginalized and threatened with extinction. Not intended for the benefit and welfare of indigenous peoples, the policy made by the government in several Southeast Asia countries did much to reduce the value of humanity and the rights of indigenous peoples.

Although the industrialization has development rapidly in Southeast Asia countries, but there are still many indigenous peoples are poor, backward and illiterate due to isolated for years from the outside world. Thus, when the government and developers come to exploit indigenous peoples in the region, it is potentially very large for the conflict between the government, the developer (economic motive) and indigenous peoples. In conditions of such conflicts of interest are usually won by the interests of the government and/or developers. Indigenous peoples’ right to sue for damages that occur sometimes run into difficulty because the government position is more powerful and dominant in court. Moreover, the majority of countries in the Southeast Asia region does not have the customary courts in their judicial institution. To resolve this problems, it needs to be structured system of legal protection and justice, that is how the protection of the laws made by the government will protect the rights of indigenous peoples in Southeast Asia countries.

Southeast Asia as a region with a diversity of race and culture are very high, the need to create a system of legal protection for indigenous peoples. The mechanism is through discussions that involve various elements, especially the interests of indigenous peoples. At this point, the consensus between the parties is expected to give birth to the Southeast Asia (ASEAN) Treaty on Indigenous People Protection. In this paper will be discussed at length on two issues, namely: (1) the problems experienced by indigenous peoples in the Southeast Asia; and (2) the formation mechanism of the system of legal protection for indigenous peoples in the Southeast Asia.

Keywords: indigenous, legal protection, legal system, indigenous peoples, Southeast Asia

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