9 Protection of Rights of Community of Bajo Tribe from the Impacts …
197
resources and the environment, the people must be placed as the main interests,
including the existence of the Bajo tribe which resides and inhabits coastal areas
in the archipelago. This is also in line with the principle that indigenous peoples or
certain communities (Bajo tribe) which still up to now carry out the tradition of local
wisdom have rights that must be respected, protected, and fulfilled by every country
where the community is located. In documents published by NZ Human Rights. 37
(thirty-seven), rights of indigenous peoples were stated, namely, 2 (two) rights were
mentioned, namely (1) Recognition and protection of their lands and resources; (2)
Fair processes for dealing with their rights to lands and resources. As written in the
document NZ Human Rights entitled, “The Rights of Indigenous Peoples: What you
Need to Know” yang menyatakan “Around the world, indigenous peoples may be
known by names such as: tangata whenua, aboriginal, first nations, ‘native’ or ‘tribal’
peoples.”
Thus, the position of the state fully acts as an instrument of management and
organizers of policies aimed at protecting and advancing human rights to the environment. The interests of the people or people’s rights, especially in terms of access
to natural resources and the environment, must be used as the main means and ultimate goal of the state’s right to control, as referred to in Article 33 paragraph (3) 1945
Constitution of the Republic of Indonesia. towards human rights to the environment
becomes a very important and fundamental aspect because the environment has all
its limitations, so that control over human behavior over the environment becomes
absolute. One of the controls is through instruments, mechanisms, and policies, both
at the local, national, and international levels, to achieve a balance called sustainable
development. Because, its existence has a connection with the 1945 Constitution of
the Republic of Indonesia Article 28 paragraph 3 which states that “cultural identity and the rights of traditional communities are respected in accordance with the
development of the times and civilization.”
The conception of human rights to the environment began to be discussed at a
meeting of the United Nations Conference on Environment and Humans in Stockholm, Sweden, on 5–6 June 1972, which sparked the Stockholm Declaration. This
conference is the starting point of awareness of the international community on the
importance of environmental sustainability as a fundamental part of fulfilling human
rights. In Principle 21 and Principle 11, Declaration on the Human Environment
from the Stockholm Conference stated that the state has the sovereign right to use its
natural wealth in accordance with the policies of safeguarding and maintaining its
environment. In this utilization, the state is responsible for any activity that harms the
environment or territory of another country that is outside its national jurisdiction.
Violations of Human Rights (HAM) are not only carried out by dictators, but also
by climate change and the country that triggered this phenomenon. Therefore, interpreting environmental issues is not only identical to the problems of waste disposal
and pollution, forest fires, or the continued increase in the list of endangered species
that are destroyed. In the environment, there is material life about basic rights (basic
rights) of humans and the principles of environmental justice (environmental justice)
and equal access to the sources of life. All three are a unity in a development policy
(city/state) that puts forward the principles of sustainability in development. The
197
resources and the environment, the people must be placed as the main interests,
including the existence of the Bajo tribe which resides and inhabits coastal areas
in the archipelago. This is also in line with the principle that indigenous peoples or
certain communities (Bajo tribe) which still up to now carry out the tradition of local
wisdom have rights that must be respected, protected, and fulfilled by every country
where the community is located. In documents published by NZ Human Rights. 37
(thirty-seven), rights of indigenous peoples were stated, namely, 2 (two) rights were
mentioned, namely (1) Recognition and protection of their lands and resources; (2)
Fair processes for dealing with their rights to lands and resources. As written in the
document NZ Human Rights entitled, “The Rights of Indigenous Peoples: What you
Need to Know” yang menyatakan “Around the world, indigenous peoples may be
known by names such as: tangata whenua, aboriginal, first nations, ‘native’ or ‘tribal’
peoples.”
Thus, the position of the state fully acts as an instrument of management and
organizers of policies aimed at protecting and advancing human rights to the environment. The interests of the people or people’s rights, especially in terms of access
to natural resources and the environment, must be used as the main means and ultimate goal of the state’s right to control, as referred to in Article 33 paragraph (3) 1945
Constitution of the Republic of Indonesia. towards human rights to the environment
becomes a very important and fundamental aspect because the environment has all
its limitations, so that control over human behavior over the environment becomes
absolute. One of the controls is through instruments, mechanisms, and policies, both
at the local, national, and international levels, to achieve a balance called sustainable
development. Because, its existence has a connection with the 1945 Constitution of
the Republic of Indonesia Article 28 paragraph 3 which states that “cultural identity and the rights of traditional communities are respected in accordance with the
development of the times and civilization.”
The conception of human rights to the environment began to be discussed at a
meeting of the United Nations Conference on Environment and Humans in Stockholm, Sweden, on 5–6 June 1972, which sparked the Stockholm Declaration. This
conference is the starting point of awareness of the international community on the
importance of environmental sustainability as a fundamental part of fulfilling human
rights. In Principle 21 and Principle 11, Declaration on the Human Environment
from the Stockholm Conference stated that the state has the sovereign right to use its
natural wealth in accordance with the policies of safeguarding and maintaining its
environment. In this utilization, the state is responsible for any activity that harms the
environment or territory of another country that is outside its national jurisdiction.
Violations of Human Rights (HAM) are not only carried out by dictators, but also
by climate change and the country that triggered this phenomenon. Therefore, interpreting environmental issues is not only identical to the problems of waste disposal
and pollution, forest fires, or the continued increase in the list of endangered species
that are destroyed. In the environment, there is material life about basic rights (basic
rights) of humans and the principles of environmental justice (environmental justice)
and equal access to the sources of life. All three are a unity in a development policy
(city/state) that puts forward the principles of sustainability in development. The