Protecting of the O’hongawa Manyawa Remote Indigenous Communities in The Nickel Mining Industry

DOI

10.2991/978-2-38476-362-7_31How to use a DOI?

Keywords

Remote Indigenous Communities; O’Hongawa Manyawa; Nickel Mining Industry

Abstract

The Job Creation Law as the main regulation in job creation efforts through ease of doing business, improving the investment ecosystem and accelerating national strategic projects which is further regulated in Presidential Regulation Number 109 of 2020 becomes the basis for organizing the nickel mining industry in North Maluku province. This research is empirical legal research which aims to identify the rights of the O’Hongawa Manyawa remote indigenous communities in the mining concession area, as well as analyzing the implementation of free, prior, and informed consent in mining policies by companies as well as the government's commitment to human rights which are constitutional rights of the remote indigenous communities. The research results show that the nickel mining business permit area managed by Weda Bay Nickel company is in an area that is the living space of the O’Hongawa Manyawa remote indigenous community which is nomadic and grouped. Land clearing and excavation activities carried out by companies have resulted in the reduction/loss of food sources, decreasing the environmental quality of hunting and gathering areas and even starvation. From the government side, there was a low level of commitment to protect the O’Hongawa Manyawa remote indigenous community acknowledged and involved the remote indigenous community in making mining management decisions that had an impact on their living space, while on the other hand the government was progressively encouraging the formation of legal products that provide privileges and accelerate activities. Mining business as part of accelerating the implementation of national strategic projects.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Husen Alting
AU  - Siti Barora Sinay
AU  - Sultan Alwan
AU  - Nam Rumkel
PY  - 2025
DA  - 2025/02/28
TI  - Protecting of the O’hongawa Manyawa Remote Indigenous Communities in The Nickel Mining Industry
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 214
EP  - 223
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_31
DO  - 10.2991/978-2-38476-362-7_31
ID  - Alting2025
ER  -