The Case for Granting Property Rights to Indigenous Forest Dwellers in Tropical Rainforest Countries in South East Asia: Challenges and Prospects

Over many centuries, tropical rainforests have been inhabited by indigenous and other forest dwellers who have depended on the forest for their home, livelihoods and culture. These people are thus argued to be better equipped than other members of the community to manage these areas. However, the reality is that, regardless of this long-standing relationship, formal land tenure rights have rarely been granted to these people, and ownership mainly remains with the State. This paper argues that such inequality in developing coutnries must be addressed now that the vestiges of colonialism have ended. The paper examines the challenges faced in Papua New Guinea and Indonesia in granting such people some form of property rights so that they can be a full member of social society and enjoy  security of tenure as do other members of the population. Though the tribes people of Papua New Guinea share land ownership through its Constitution, in reality those rights are being withered away by government policy and laws. In Indonesia  though in 2013 the Constitutional Court held that its indigenous people should be granted land rights, this has not eventuated. This paper examines the types of property rights that could feasibly be granted to indigenous people in these countries from a legal and social perspective. It argues that with the introduction of the  United Nations REDD -plus programme which rewards developing countries for not deforesting, property rights have become all the more important for indigenous people.

Tropical rainforests have been inhabited by indigenous people and other forest dwellers who have relied on the forest for their shelter, subsistence and culture. These people are better equipped than other members of society to manage forest areas as it can be argued this has endowed them with greater insight into managing the forests sustainably. Yet regardless of this long association, formal land tenure rights have rarely been granted. This paper argues that indigenous people and forest dwellers should be availed of land rights even though there are many challenges faced in so doing. Land ownership for these people is of major importance if UN-REDD-+ programmes are to succeed.