Supreme Court decision threatens Awyu Tribe’s customary forest

On 1 November 2024, the Supreme Court of Indonesia rejected the cassation appeal filed by Mr Hendrikus Franky Woro, an environmental advocate and member of the indigenous Awyu tribe, regarding the environmental feasibility permit granted to PT Indo Asiana Lestari (IAL). The permit covers over 36,000 hectares of pristine rainforest in the Boven Digoel Regency, Papua Selatan Province, overlapping the ancestral lands of the Awyu tribe. Despite 17 months of legal battles, backed by the Coalition to Save Papua’s Indigenous Forests, the court upheld the permit, leaving the Awyu’s customary forests at risk of destruction for palm oil expansion. This decision marks a significant setback for indigenous and environmental defenders in Indonesia.

The Supreme Court’s decision was not unanimous, with one judge, Mr Yodi Martono Wahyunadi, dissenting. Judge Wahyunadi challenged the dismissal of earlier appeals based on procedural deadlines, arguing that substantive justice should override formalities. He contended that the environmental permit violated principles of environmental protection, neglecting the Awyu tribe’s rights and the ecological significance of their land. However, his dissent was overruled by the majority, who focused on procedural aspects rather than the substantive environmental and indigenous rights concerns raised.

This ruling has profound implications for West Papua’s indigenous peoples, intensifying fears of forest loss and cultural erosion. Environmental advocates and the Awyu tribe criticized the lack of government and judicial support for indigenous rights, calling it a betrayal of commitments to biodiversity and human rights. Despite the setback, the Awyu and allied organisations remain determined to resist further incursions into their lands, emphasizing the global significance of West Papua’s forests in biodiversity conservation and climate change mitigation. The struggle highlights the ongoing tensions between development interests and indigenous sovereignty in Indonesia.

According to Indonesian NGO Pusaka, the total license area in Tanah Papua reached 1.57 million hectares as of 2024. Fifty-eight palm oil corporations manage these licenses. In addition, the forestry industry also controls extensive forest areas in West Papua.