NEWSLETTER EDS UI VOLUME XII 19TH BIRTHDAY ISSUE
FEATURED TOPIC
In Recognition of Minority Rights
the 19th birthday issue
EDS UI Newsletter • volume 12
editor's note For our birthday edition, Externals will take you on a trip down memory lane and bring to light some of our most notable moments during these 19 years of being. And as of this edition being the first newsletter coming from Externals 2017, we would like to start off by talking about those whose interests and well-being has been put aside; whose voices, muted. Minorities. Regina addresses in her article the reasons as to why girls right to education has always been a subject of compromise. Rachel, on the other hand, explores arts coming from disenfranchised groups as a medium of expression that is under continuous threat of commercialization. Lastly, Denny delves into the issue of indigenous people's struggle to be recognized and understood. This edition aims to assist us to look back at our community with a great sense of accomplishment and, at the same time, to look forward with a great sense of responsibility.
Yunindita Prasidya editor
Photo and cover photo: pexels.com and pixabay.com free stock image
volume 12
in recognition of minority rights the 19th birthday edition of EDS UI
FEATURED ARTICLES 19 FACTS ABOUT
Externals 2017
EDS UI 2
WHY DOÂ GIRLS' RIGHT
Regina Dhamayanti
TO EDUCATION CONTINUE TO BE INHIBITED? 8
THE RAP CULTURE
Rachel Diercie
12
UNDERSTANDING THE COLLECTIVE RIGHTS OF INDIGENOUS PEOPLE WITHIN INTERNATIONAL LAW 15
Denny Adiputra
EDS UI Newsletter • volume 12
1
the 19th birthday issue
the 19th birthday issue
EDS UI Newsletter • volume 12
19 FACTS ABOUT EDS UI As you may or may not know, the 5th of May marks our birthday. This year, EDS UI turned nineteen! So, to celebrate, we thought we would give you nineteen facts about us.
1
THE FIVE PILLARS OF EDS UI
EDS UI was founded by five amazing individuals, they are: Achmad Sukarsono (now Indonesia Analyst at Eurasia Group), Hisar Maruli Manurung (Analytical Linguist at Google Japan), Patsy Widakuswara (Senior TV Producer at Voice of America), Permata Harahap (passed away in 2014, he was the first convenor of IVED in 1998), and Arif Setyoso Kusdarmanto (now a singer).
THE ESTABLISHMENT
2
EDS UI is the oldest and the pioneer of english debating society in Indonesia. The discussion of establishing a debating community happened on July 1997, in a café at Kemang, after our founders competed in a debating championship in Singapore.
3
HAVING A VOICE DURING AN OPPRESSIVE REGIME
Some of our first debate practices were held before the Soeharto dictatorship ended, using falsified proposals for on-campus meetings. We gained recognition from the university on May 5th, 1998, after the regime changed.
2
the 19th birthday issue
EDS UI Newsletter • volume 12
4
FIRST INTERNATIONAL COMPETITION
It was the All-Asian Intervarsity Debating Championship at Nanyang Technological University, Singapore in 1997. The team consisted of three of our founders: Abu, Patsy, and Perry, and was coached by Ruli. Patsy won the Second Best Speaker title.
FIRST INTERNATIONAL BREAK
5
It was at the 2000 All-Asian Intervarsity Debating Championship at Multimedia University, Malaysia.
6
FIRST BREAK IN WORLDS
The first time we broke to the elimination rounds was in the 2006 Dublin World University Debating Championship (WUDC). Our team broke to the English as Second Language (ESL) tab and reached the Quarter Final.
FIRST WORLDS GRAND FINAL
7
Boby Andika Ruitang and Roderick Jonathan Martua Sibaranie broke a new record in the 2015 Malaysia WUDC, being the first Indonesian team to reach the ESL Grand Final Round.
3
the 19th birthday issue
EDS UI Newsletter • volume 12
8
HIGHEST RANKING INDONESIAN TEAM
This year, another EDS UI team broke a record for the Indonesian debating community. Alif Azadi Taufik and Cara Riantoputra became the highest ranking Indonesian team in history (rank 49 out of 379 teams) and were only one speaker point away from breaking into the main list of the
Left to right: Alif Azadi Taufik and Cara Riantoputra
2017 Dutch WUDC.
9
ABOUT IVED
Indonesian Varsity English Debate (IVED) is the oldest national debating competition in Indonesia, first held in 1998 by EDS UI and was sponsored by RCTI. The final was broadcasted on RCTI. This led to the increase of interest toward our community.
10
WIN, WIN, WIN
11
STILL HIGHLY ENTHUSIASTIC
EDS UI was crowned as the Champion
We are happy to see tons of enthusiasm
of IVED for six consecutive years, from
coming from our members in
1998 to 2003. We won again in 2006,
participation of IVED 2017. We had a
2008, and 2016. The most recent win
total of 20 members on board for
was from Kristi Ardiana, Alif Azadi
#teamUI in IVED with 9 debaters, 3
Taufik, and Qurrat Aynun Abu Ayub
delegated adjudicators, 3 independent
facing against Cara Riantoputra,
adjudicators, and 5 invited adjudicators.
Jessica Andriani, and Gabriel Charlotte in an all-UI-finals.
4
the 19th birthday issue
EDS UI Newsletter • volume 12
12
DEBATE PROLIFERATION
We initiated the country’s first nationwide high school debating competition, High School Debating Championship (HSDC), to expand our proliferation to teenager. This then led to the formation of Indonesia’s first World School Debating Championship (WSDC) team in 2001 for Johannesburg WSDC.
THE TRIFECTA
13
Trifecta is a series of debate championships organized by EDS UI, they are: Newbies, Founders’ Trophy (FT), and Just For Fun Debate (JFF). Newbies is made for new debaters entering the varsity debating scene. Each team is given a mentor to help them casebuild during rounds. FT was created in 2000, as a tribute to our founders. Alumnis are asked to contribute by giving motions and sending books which will then be given to the overall best speaker of that round. JFF started in 2009 and allows debaters to compete to be the funniest speaker.
14
WHO RUN THE WORLD? GIRLS
There have been many women who won EDS UI's presidential election. Let’s mention some of them: Ruth Alicia (2003), Santi Nuri Dharmawan (2006), Miranda Anwar (2007), Tirza Reinata (2009), Aulia Anggita Larassati (2012), Anastasia Sijabat Ramalo (2013), Gabriel Charlotte Wajong (2015), and Kristi Ardiana (2016).
UI team wearing all black during the 2017 ALSA UI Grand Final
15
BLACK ATTIRE
On the very last day of every competition, we have a tradition of wearing an all-black attire.
5
the 19th birthday issue
EDS UI Newsletter • volume 12
16
OUR LOGO
Most people see the candle, but many miss the silhouette of two people facing each other. The logo symbolizes EDS UI as torchbearers, the light in the dark; that the process of enlightenment is done through critical discourse. This is in line with one of the bigger vision of our founders, to make a community that contributes to the process of achieving a more democratic Indonesia.
17
MONEY MAKE THE WORLD GO AROUND
18
YOUNGEST BEST SPEAKER
Derril Pramana Tungka was announced as the
Being a well-informed citizen is already
youngest speaker to
a benefit on its own, but being able to
ever won the Best
monetize your debating skills is one thing
Speaker title of ALSA
that the average layperson do not know.
UI. He won the title
In 2016 alone, we received 62
earlier this year, in ALSA
adjudicating and coaching vacancies
UI 2017, at the young
from various places in Indonesia.
age of 18.
19
WE ARE RECRUITING ANNUALLY
Every year, from August to September (dates will be announced in our social media), we are open for new recruitment. All UI students, regardless of what study program you are in, are welcomed to join our community and be a part of the family. So, make sure you are one of us!
6
the 19th birthday issue
EDS UI Newsletter • volume 12
IF A COUNTRY DOESN'T RECOGNIZE MINORITY RIGHTS AND HUMAN RIGHTS, INCLUDING WOMEN'S RIGHTS, YOU WILL NOT HAVE THE KIND OF STABILITY AND PROSPERITY THAT IS POSSIBLE. HILLARY CLINTON
7
EDS UI Newsletter • volume 12
the 19th birthday issue
Why Do Girls' Right to Education Continue to be Inhibited? Regina Dhamayanti, Engineering 2014
Here is a story of a girl named Meena
The 1990 World Conference on Education for All, held
(not her real name) from India. She was on
in Jomtien, Thailand, made it clear that Education for
her walk to school when the older boys on
All means educating both boys and girls and that
the street suddenly grabbed her hand and
treating both sexes equally – and in the process
shouted “Kiss me!”. She didn’t tell it to her
narrowing the “gender gap” – is a matter of justice
parents because she knew she would get
and equality. Unfortunately, in 30 out of 121 countries,
the blame. She was right: when her family
fewer than 90 females for every 100 males
found out, they banned her from going
completed lower secondary school (UNESCO, 2017).
back to school and planned to marry her.
This indicates that despite progress in recent years, girls continue to suffer severe disadvantage and
She was 16.
exclusion in education systems throughout their lives.
"She didn’t tell it to her parents because she knew she would get the blame." Girls are among those whose education continue to be inhibited. Photo: Ali Naqi (pexels.com)
8
EDS UI Newsletter • volume 12
the 19th birthday issue
In discussing education and gender it is helpful to distinguish between “gender parity” and “gender equality”.
Gender parity aims at achieving equal participation for girls and boys in education. Countries that have achieved gender parity is defined as countries which have a GPI (Gender Parity Index) between 0.97 and 1.03. South and West Asia ranks last in the number of countries reaching parity at both levels with only one country that have achieved gender parity. Sub-Saharan Africa has the lowest proportion of such countries: two out of 35.
Gender equality is understood more broadly as the right to gain access and participate in education, as well as to benefit from gender-sensitive and gender-responsive educational environments and to obtain meaningful education outcomes that ensure that education benefits translate into greater participation in social, economic and political development of their societies. Achieving gender parity is therefore understood as only a first step towards gender equality.
(UNESCO, 2012)
9
the 19th birthday issue
EDS UI Newsletter • volume 12
Education for Girls
1. Families and society keep on coercing girls not to pursue education
Education has more meaning for females due to its ability to help them reach other
In many countries girls take on domestic
development objectives. Here are only some
responsibilities, including the care of younger
of many benefits education can provide for
siblings, and, depending on the country and
girls.
the culture, boys often receive preferences when choices have to be made regarding
Education helps them:
education. For example, in most African
- To delay early marriage which is mostly
countries, such as Kenya, girls may experience
against their will
domestic work overload, which reduces their
- To less likely die in childbirth
interest in pursuing education. Since it is
- To be less vulnerable to disease including
commonly expected by families and society
HIV and AIDS
that girls should be married off at an early
- Break the cycle of poverty by acquiring
age, parents consider educating their
information and skills that lead to increased
daughters a waste of time and money. The
earning power.
girls are aware of their parents’ perceptions regarding their education. They do not find it
the return to a year of secondary education for girls correlates to a 25 percent increase in wages later in life. When all children, regardless of their Evidence shows that
necessary to work hard because they assume that they will probably drop out of school early.
gender, have equal access to a quality
Even when girls have been enrolled to school,
education, it creates a ripple effect of
the unwillingness to allow girls to pursue
opportunity that influences other aspects of
education is still there. The 16-year-old Meena
their lives, as well as the generations to come.
from India is just one of the many cases.
Why Does Girl’s Right to Education Continue to be Inhibited? Girl’s right to education continues to be
2. Policies of school system and educational practices are not empowering for girls
2 main issues related to girls’ rights in school:
inhibited even though the type of challenges
countries which haven’t achieved gender
a. School system and education-related practices that is not empowering for girls.
parity in terms of access and enrolment at the
School systems in countries are not always
primary level, but there are also countries
empowering for girls, nor are they sensitive to
whose issues are related to late entry into
their needs through curricula, guidance and
school, repetition and dropping out. Beyond
counseling services, teaching methods and
these various types of challenges, there are
the presence of appropriate female role
several key reasons why girl’s right to
models. A report from UCLA stated that girls
education continues to be inhibited:
had been found to have fewer opportunities
between countries are varied. There are many
10
the 19th birthday issue
EDS UI Newsletter • volume 12
than boys to engage in discussions, perhaps
their full potential and skills. This might be
because teachers and students expected girls
another challenge upon understanding the
to be passive and quiet while boys were
significance of education for females as one
expected to be active and talkative. For
of the considerations prior to them enrolling
instance, in both small-group discussions and
to it.
whole-class activities, researchers have found that girls’ opinions are viewed as inferior by
Now, we can better understand the
their male peers. These biases will eventually
appropriate solution to reduce disparity in
impact girls’ self-esteem which is then
education which tackel its causes. We now
associated with girls’ academic problems.
see that this lingering problem is contributed by many entities and the system that they are
b. Schools fail to protect the basic rights and dignity of girls.
operating in. Let us evaluate ourselves as a member of society, as families, as educational
Violence includes rape, sexual harassment,
institutions, as teachers, as the one in the job
physical and psychological intimidation,
field, and find what we can do to improve the
teasing and threats. It may occur on the way
situation. Hope Meena in all over the world
to school or within the school itself, and is
can say “Good bye” to their grievances soon.
perpetuated by teachers, parents, persons of perceived authority and fellow students. However, statistics about the prevalence of violence against girls are hard to find: it remains under-reported, misunderstood and largely unaddressed.
3. Unequal benefits of education between gender
In some countries, girls have achieved parity in access to education, yet it is not enough and sustainable. This parity doesn’t always lead to equal benefits of education, especially in the job market of developed countries. Women continue to confront discrimination in jobs, disparities in power, voice and political representation and the laws that are prejudicial on the basis of their gender. As a result, well-educated women often end up in jobs where they do not use
11
In some countries, school gives unequal benefits between genders. Photo: Devanath (pixabay.com)
the 19th birthday issue
EDS UI Newsletter • volume 12
The Rap Culture Rachel Diercie, Humanities 2015
The banlieues surrounding Paris are
community unites themselves to the tempo
homes to one of the richest diversity in
of Raï music. Raï music is known as an
Western Europe: immigrants. Those are
integral part of the Maghrebi culture
the people of post-colonialized Algeria,
which comprises of Algeria, Tunisia, and
Tunisia, united by the force against
Morocco, who share the similar social,
assimilation that is arts. Outside these
political, and cultural background. The Raï
banlieues people of Arab descent would
music became a platform for Maghrebi
shave off and wear suits, the
immigrants to reminisce their original
Europeanization that is somewhat
culture. It serves as a means for those who
required to pursue political or economic
aimed towards not losing their cultural
ambitions, because the way to go is
identity while aspiring to join a new social
camouflage. As someone who holds
context (Bariki, 1984). The music was soon
culture very dearly, this is a systematical
transformed into a tool of opposition
abuse of identity.
towards the conservativeness of their home country’s culture and to the French
As they cross the Périphérique , there’s not
governance they are living under.
much left of themselves that is Algerian but back home amongst the tall
Banlieue: most often is translated as "suburbs"
overcrowded buildings where they live, is
Périphérique: the highway that encircles Paris
the Algeria in France. This is where the
The banlieue in Paris. Photo: evasion-online.com
12
the 19th birthday issue
EDS UI Newsletter • volume 12
On the façade of the gloomy buildings you
The African immigrants aren’t just visual. In the
will find an array of vibrant colors painting
late 1970s, they brought the culture their
identities and protests, this is better known as
American counterpart across the Atlantic to
the graffiti. While the word “graffiti” derives
France and form their very own hip hop
from a Greek word which means “to write”,
culture. Similar to the African-Americans, rap
the existence of graffiti derives from humans’
music to Africans in France is a medium to
hardwired need to communicate. We must
channel their frustration towards their
understand that the people who express
subjugation and discrimination they face in
themselves through graffiti are mostly
their daily lives. Their songs often rhythmize
marginalized people who aren’t able to
unemployment, drug trafficking and violence,
access as much as resources to express their
but in the context of France, these rap
opinions as many. These are marginalized
themes inextricably conjuncts with the issues
people who want the ability to transcend their
of immigration and the infamous French
message to public without requiring the
national identity. Some would go to the
social, political, and monetary capital that
extent to say that rap and hip hop have
have been absent throughout their lives.
become an alternative to gang culture and violence. However, above all things rap can
There are various ways graffiti can speak.
signify, the main principle they keep upholding
Primarily they would try to speak a language
is one: authenticity. The idea of staying true
of their own, drawing faces of their patriots or
to your roots.
raising concerns close to their hearts. This is why many graffiti have aesthetic values, it
You should also know that rap and hip hop
attracts and captivates people’s attention as
had come a long way before earning their
well as it is celebratory and cathartic for the
present spotlight. Only at least a decade
artist. This is then to note some graffiti have
after it was born had rap made its way to
lesser aesthetic values, but that does not
radios, television, and records. That one
mean that it has no value. The second
decade was a fight against the hegemony of
function graffiti can have is that it becomes a
Eurocentric music. So the rap and hip hop
reactionary tool against from the current
culture we see today owe many of their
elitist scene of arts. It aims to break free from
capital to the industry, but is also in danger
our current conception of arts and creativity
due to the manipulative nature of
that are driven by materialistic mainstream.
commercialization. This puts authenticity on
Sometimes graffiti can come in a disarrayed
the brink of dying.
form too, because it wants to counter the existing imposed moral and order. With that
What then, can we do for the arts?
said, we shouldn’t be so surprised that some people misperceive what graffiti is about.
Graffiti is found in a space between vandalism and art, but its artistic value is undebatable.
13
If we to continue to talk about France, then this wouldn’t be much of a problem. French government has a good record of giving generous support for the development of
the 19th birthday issue
EDS UI Newsletter • volume 12
of arts. With the establishment of accessible
the NEA that was built under former US
art facilities that are completely free for
president Lyndon B. Johnson’s ideal to serve
anyone, to the creation of councils
for “not only the needs of the body and the
specifically designed for the funding and
demands of commerce but the desire for
development of arts such as the CNC for
beauty and the hunger for community.”
films, the continuation of arts can be safely said guaranteed. However, we will still have
Self-earned funding of arts usually comes in
the sad, old America whose president is
the form of ticket sales and subscriptions,
willing cut the budget of something the
forcing arts to commercialize itself. This
country is spending so little on already: the
threatens the ideals of arts to be a pure form
National Endowment for the Arts.
of expression and can potentially turn it into a money-making machine that must follow
Let’s leave it to common sense to prove that
society’s demands to accrue profit, even if
those who need the funding and facilities of
that demand is a product of the
the NEA is the most marginalized artists,
misconception of arts.
instead, we will talk about the not-preferred alternative:
Historically speaking, arts owe many to the marginalized groups. The fact that arts in the
The only way to survive without a public funding of arts, logically would be the private funding of arts. The United States
baroque, rococo, and renaissance are dominated by depiction of the lives of nobilities speaks to say that arts were
have many private foundations to choose
exclusively owned by those who have the
from, although mostly are as Eurocentric as
capital to enjoy it. What the arts is to do right
Lincoln Center and Kennedy Center for
now is to restore the ability of arts to be
performing arts. It’s rather unlikely that they
enjoyable to all layers of the society. The Pop
would fund arts by Native American or
Art movement that is designed to be populous
African-American art communities.
has been giving access to artists and art patrons with lesser capital, so why change?
Aside from that, the common problem with private funding system is their capitalistic parameter of success. For instance, they believe that funding of arts should go to arts organizations that have good selfmanagement, disallowing small communitybased art foundations that normally don’t fit those criteria to benefit from such funding. Not to mention the economic orientation of these private funds, up until this day, funding
"What the arts is to do right now is to restore the ability of arts to be enjoyable to all layers of
of arts by minorities isn’t commonly done by private bodies or corporate foundations due to its “grassroot” nature that makes it not
the society."
commercial enough. That is in comparison to
14
the 19th birthday issue
EDS UI Newsletter • volume 12
The Dayak tribe in Borneo. Photo: xplorea.com
Understanding the Collective Rights of Indigenous People within International Law Denny Adiputra, Law 2015
Since the existence of the Magna Charta
cultural, or religious reasons including most
to the adoption of the Universal Declaration
notoriously discussed issues regarding
of Human Rights (“UDHR”) in 1948, rights have
property rights, LGBT rights or capital
always been a cumbersome issue to discuss.
punishment. Despite the debacle, certain
Not only do these rights have to
standards have then been accepted to be the
accommodate different interests, but in
foundation on which other rights are then to
certain circumstances these rights
be derived from; including but not limited to
envelope issues that are not accepted
the right to life or the pursuit of happiness.
by particular nations due to various political,
15
the 19th birthday issue
EDS UI Newsletter • volume 12
However, during the plight of establishing
minorities. Although often used
these rights to create a functional and
interchangeably, minorities and indigenous
harmonious society, the foundations of these
peoples are distinct entities with a different
rights are rather individualistic in nature and
set of rights. Examples of indigenous peoples
does not take into account the different
include the Inuit of the Artic, the Aboriginal
perspectives of all parts of society. A part of
Australians, various tribes of West Papua,
this society are indigenous peoples who are
Dayak people of Borneo, among others.
currently the most threatened due to their distinct nature of a rather “collective right”
After understanding them as peoples, the
concept that is a conflicting concept towards
next issue to discuss are the best methods to
a first nation-centric principle of individual
protect them. The first choice would be to rely
rights. This article will discuss the distinct
on various international instruments that have
nature of indigenous peoples and how they
been established including the International
fare towards individual and collective rights
Covenant on Civil and Political Rights
within international law.
(“ICCPR”) or the UDHR, but here’s where the problem lies. These instruments are mostly
To understand the struggle of indigenous
founded on the principle of individual rights.
peoples we must first understand them as
This means that rights such as “every
peoples. Despite no accepted definition
individual shall have the right to equality
under international law, indigenous peoples
before the law” might be fitting for a modern
are generally defined to be:
nation state that comprises of individuals of different cultural, religious, and political
“Composed of the existing descendants of
backgrounds that identifies as one nation and
the peoples who inhabited the present
has a common purpose; but for indigenous
territory of a country wholly or partially at the
peoples, their individual identities are
time when persons from a different culture or
inextricably and inseparably linked towards
ethnic origin arrived there from other parts of
their identity as a group. Therefore, whilst
the world.”
international human rights instruments guarantee individual rights, collective rights
From this definition we can infer that the main
are what indigenous peoples seek.
distinction of indigenous peoples are their existence in the form of significant historical
The reason behind this is that the vast majority
traditions that precede modern civilization.
of the rights of indigenous peoples are
Furthermore, it can also be understood that
contingent on group actions. The rationale
as “descendants of peoples” they are viewed
behind this is mainly due to the nature on how
as a group, therefore their rights are granted
these indigenous peoples were formed. They
as “collective rights” hence the beneficiary of
believe in the theory of creation; when they
the rights in this sense is the group and not
were created they were given lands and
the individual. It is also important to
culture brought down from their ancestors
understand
given by the “creator” that required
that indigenous peoples are not always
16
the 19th birthday issue
EDS UI Newsletter • volume 12
safeguarding. Hence, in order to preserve
ability to make decisions by yourself. In the
their culture it was a collective effort of the
context of indigenous peoples, it refers to
group; ranging from using resources for
their right to freely determine their political
collective benefits and social utility to
status and pursue their economic, social, and
avoiding forced assimilation. Under the
cultural development. This right closely relates
established international framework of rights,
to their ability to participate in decision
an explicit acceptance to acknowledge them
making in matters that would have an effect
as a group to grant them their collective
on their rights. Therefore it is a state duty to
rights was non-existent. This loophole was
consult and cooperate with them to obtain
used by many governments to conduct
their free, prior and informed consent before
injustices in the name of “development”.
adopting legislative or administrative
Today we see these injustices in the form of
measures that would affect them.
Trump’s recent executive order to expedite
Pipeline despite ravaging the sacred lands of
2. Rights to lands, territories, and resources
the Standing Rock Sioux Tribe, or even the
This right acknowledges the ownership of land
exploitation conducted by Freeport-
possessed by indigenous peoples.
Macmoran that has led to extreme
Furthermore, this requires states to provide
environmental degradation risking the
‘legal recognition’ of the lands, territories, and
livelihood of many tribes surrounding the West
resources possessed, used, and traditionally
Papua region. It was this urgency that pushed
owned by specifically indigenous peoples. By
countries to adopt the United Nations
providing legal recognition of the lands and
Declaration on the Rights of Indigenous
territories of indigenous peoples, you grant
Peoples (“The Declaration”).
them a title to claim over their lands.
Prior to The Declaration, the international
3. Economic, Social, and Cultural Rights
community was slow to adopt the concept of
An inherent characteristic of indigenous
collective rights. Due to the growing
peoples are their distinct cultural features.
prominence of the issues on indigenous
Therefore existing conventions continuously
peoples and the injustices towards them,
affirm the right for expression to achieve
countries began to cater towards these
cultural equality. This right includes among
indigenous peoples through The Declaration.
others to not be subjected to assimilation or
Bear in mind that this declaration is only used
destruction of their culture; the right to
as a guideline and does not in any way
practice and revitalize their cultural traditions
constitute enforceable law within each state.
and customs, to teach their cultural mores;
Therefore there will be varying degrees of
repatriation of their human remains; and the
rights that exist within each specific state,
right to “maintain, control, protect, and
among them are:
develop” their own cultural heritage,
the process to build the 1,100 mile long Dakota
traditional knowledge, and traditional cultural
1. Self-determination By definition, self-determination refers to the
17
expressions.”
the 19th birthday issue
EDS UI Newsletter • volume 12
4. Collective Rights vs. Individual Rights
5. Equality and Non-discrimination
Indigenous peoples have an immense sense of
Achieving equality and ending discrimination
belonging that acknowledging their rights as
has always been a primary target to advance
an individual would not be enough to fulfill
the rights of indigenous peoples. The right to
their collective rights as groups. Therefore,
equality and non-discrimination mainly refers
indigenous peoples require recognition of
to the acknowledgement towards indigenous
their collective rights as a group in order to
peoples as a collective or individual to be
self-express themselves to the fullest extent.
free from discrimination and able to enjoy the
An example of these collective rights are best
exercise of their rights.
portrayed within the Australian Case of Gerhardy v. Brown decided by the High Court
The winding path to protect and
of Australia. In 1981 South Australia enacted a
acknowledge indigenous peoples remain a
Land Rights Act, transferring ownership and
challenge for many countries across the
complete authority over the Pitjantjatjara
globe. The key in doing so is to first and
reserve lands to Pitjantjatjara ownership.
foremost provide a legal framework within the
Therefore, anybody wanting to enter these
national level that acknowledges their distinct
lands would require express permission from
“collective rights” and secondly requires both
the corporate body of Pitjantjatjara. These
government and civil participation in
terms were considered discriminatory towards
enforcing those rights. Only then can the
non-Pitjantjatjara’s therefore it was
plight of indigenous peoples be eased and in
challenged. The High Court of Australia held
the long run resolved.
that these circumstances were not discriminatory as it constituted “special measures” deemed necessary to protect indigenous peoples and their land pursuant to article 1.4 of the Committee on the Elimination of Racial Discrimination (“CERD”). This decision became a topic of debate until today on what remains to be defined as a “collective right” and “individual right” with regards to the rights of the collective majority and boundaries of “positive discrimination”.
"The key in protecting and acknowledging indigenous people is to first and foremost provide a legal framework within the national level that acknowledges their distinct 'collective rights' and secondly requires both government and civil participation in enforcing those rights." 18
volume 12
in recognition of minority rights the 19th birthday edition of EDS UI
SPECIAL THANKS TO EXTERNALS 2017
Yunindita Prasidya (editor) Social and Political Sciences, 2015
Ratna Aditya A. (designer) Mathematics and Natural Sciences, 2016
G. Jeremy Christopher (content writer) Humanities, 2015
Damar Tanjung (content writer) Computer Science, 2016
CONTRIBUTORS
Regina Dhamayanti Engineering, 2014
Rachel Diercie Humanities, 2015
Denny Adiputra Law, 2015