Land Disputes Beyond Customary Rights: A Critical Challenge for the Dayak

Land disputes beyond Customary Rights: A critical challenge for the Dayak today.Visual evidence of these struggles underscores the human cost of unchecked development and the urgent need for equitable solutions. Doc, the author.

SANGGAU - dayaktoday.com: A pressing challenge confronting the Dayak people today revolves around land disputes, encompassing not only ancestral customary lands but also individually and communally owned territories. The rapid industrialization and relentless expansion of plantations have intensified these conflicts, casting a shadow over their land rights.

These disputes underscore the precarious position of the Dayak as the rightful stewards and heirs of Kalimantan's abundant natural wealth, raising urgent questions about their ability to safeguard their heritage amidst mounting external pressures.

A Ccritical challenge for the Dayak

Despite being deeply connected to the land, the Dayak are increasingly marginalized by policies and practices favoring external investors and large corporations.

The need to address these disputes is urgent. For the Dayak, the forests and lands are not just economic resources—they are sacred spaces, integral to their identity and way of life. Ensuring that they can reclaim and benefit from their ancestral lands is both a matter of justice and a step toward securing their future.

Land conflicts in Kalimantan often center around the rapid expansion of palm oil plantations. This issue deeply affects the indigenous Dayak people, the original custodians of the island. For them, ancestral lands are not just parcels of territory—they are living legacies, deeply rooted in history, culture, and resources that have sustained their communities for generations.

While the exact number of land disputes is difficult to ascertain, many local communities have lost access to forests and customary lands. 

Read Unpacking the Labeling of the Dayak in the Past

Agricultural fields owned by indigenous people are frequently sacrificed. In 2017, an NGO reported over 650 land disputes, affecting more than 650,000 families across Indonesia. This grim statistic underscores the systemic challenges faced by the Dayak people as they struggle to preserve their heritage and livelihoods.

It is estimated that two land-related disputes occur every year (HRW, 2019). In 2008, there were 513 active disputes related to palm oil in Indonesia, with 166 of them concentrated in Kalimantan. 

By 2012, 439 conflicts between palm oil companies and local communities were recorded in the region (ECC, 2020, p. 3). These numbers merely scratch the surface of the broader struggle indigenous people face against powerful corporate interests.

Conflicts arise over land boundaries

Most conflicts related to palm oil plantations stem from forced evictions and widespread deforestation. Numerous reports detail human rights violations, including torture, abductions, and even killings, perpetrated by private security forces hired by palm oil companies (ECC, 2020, p. 3).

For the Dayak, these boundaries are more than lines on a map. The forest represents a sacred space—a spiritual haven, a source of sustenance, and a repository of traditional wisdom. When companies encroach upon these lands, they not only displace communities but also obliterate identities and centuries-old knowledge systems.

Disputes often arise due to ambiguous land boundaries, lack of consultation and engagement, illegal activities by companies, inadequate compensation, and broken promises made to affected communities (Rachel Diaz-Bastin, 2016). Despite their best efforts to defend their rights, the Dayak often find themselves marginalized by a legal system that fails to recognize customary ownership.

Violence as a response to resistance

Resistance from local communities is frequently met with violence. In some cases, these conflicts fracture communities. Ethnic tensions are exacerbated by competition over diminishing land resources.

For instance, land seizures and the loss of livelihoods have triggered ethnic clashes in Kalimantan, such as between the predominantly Christian Dayak community and the predominantly Muslim Madurese community. These tensions occasionally escalate into violent confrontations, fueled by the expansion of palm oil plantations and the exploitation of "divide-and-rule" colonial-style politics (ECC, 2020, p. 3).

The Dayak people, renowned for their communal spirit and deep-rooted traditions, often stand at the forefront of these disputes. Their resistance stems not from greed but from a profound need to preserve their legacy for future generations. However, their efforts are often met with brutal force, casting them as obstacles to progress rather than stewards of the land.

Communities lose their livelihoods

The expansion of palm oil plantations has stripped villages of their livelihoods and autonomy. This is especially true for the Dayak, whose lives are intricately tied to their land. Many villages strongly oppose the presence of palm oil companies, but when disputes arise, local residents often end up as the victims.

Ward Berenschot aptly observed, "The legal system offers little assistance, and there are only a handful of NGOs actively addressing these disputes" (Rachel Diaz-Bastin, 2016). For the Dayak, this translates to a harsh reality where their voices are drowned out by powerful corporate and political interests.

Disputes extend beyond lands already developed by companies; they also affect areas that eventually accept corporate presence. The degraded environment, often unrecognizable from its original state, compels communities to accept compensation. However, this acceptance is typically temporary and depends on how companies treat the local population. For the Dayak, such concessions often result in environmental destruction and cultural erosion.

Customary Lland ownership no longer relevant

The reliance on cash income replaces traditional self-sufficiency. Indigenous traditions and communal culture are at risk. Furthermore, the loss of customary land rights means communities can no longer freely access their forests. This represents a double loss for the Dayak: the loss of their economic foundation and the erosion of their cultural heritage.

Read The Dayak Today: The First Nation of Borneo in All Its Glory!

Fears of flooding, water pollution, and pest infestations exacerbate their plight. The root cause of these issues lies in local authorities granting concessions to companies without engaging indigenous communities. Such decisions alienate the Dayak and set a dangerous precedent that ancestral rights are secondary to economic development.

For the Dayak, the path forward must involve reclaiming their role as stewards of Kalimantan’s vast resources. They must transition from being silent witnesses to active participants who benefit from their lands. Kalimantan’s wealth should not be a spectacle for external profiteers growing rich while its original guardians remain marginalized.

The Dayak’s vision for the future includes sustainable land use, equitable participation in economic opportunities, and the recognition of their cultural and land rights. 

The forests and lands of the Dayak people are far more than mere economic assets—they are the heart of their identity, culture, and way of life. 

Protecting the Dayak's  right

Protecting the Dayak's right to enjoy the wealth of their ancestral land is not only a matter of justice. It is also a necessity for the sustainable development of Kalimantan as a whole.

Restoring the Dayak people's rightful stewardship over their lands and ensuring they benefit from its resources is key. This will pave the way for a future where the Dayak thrive as empowered guardians of their heritage, contributing to an equitable and sustainable Kalimantan.

-- Rangkaya Bada