EDS UI Newsletter Vol. XII

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

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UNDERSTANDING THE COLLECTIVE RIGHTS OF INDIGENOUS PEOPLE WITHIN INTERNATIONAL LAW 15

Denny Adiputra

EDS UI Newsletter • volume 12

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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.

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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

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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.

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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.

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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

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It was at the 2000 All-Asian Intervarsity Debating Championship at Multimedia University, Malaysia.

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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

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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.

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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.

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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.

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WIN, WIN, WIN

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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.

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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

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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.

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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

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BLACK ATTIRE

On the very last day of every competition, we have a tradition of wearing an all-black attire.

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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.

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MONEY MAKE THE WORLD GO AROUND

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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.

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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!

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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

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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)

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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)

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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

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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

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In some countries, school gives unequal benefits between genders.

Photo: Devanath (pixabay.com)

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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

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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.

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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

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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

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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,

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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

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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

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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