National Inquiry Into The Land Rights of Indigenous Peoples

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SUHAKAM TO CONDUCT
A NATIONAL INQUIRY INTO THE LAND RIGHTS OF
INDIGENOUS PEOPLES IN MALAYSIA

The Human Rights Commission of Malaysia hereby announces that it will be
conducting a National Inquiry into the Land Rights of Indigenous Peoples in Malaysia.

( The Official Website of The National Inquiry Into The Land Rights of Indigenous Peoples
http://www.suhakam.org.my/web/682315/1; ... C00667BC60 )

The Commission has decided to conduct the National Inquiry following numerous
complaints and memoranda it has received over the years on alleged infringements
of the rights of the Indigenous Peoples to their customary land. These infringements,
which are in various forms, are longstanding, persistent and systemic in nature
affecting the rights of these communities. The National Inquiry will examine the root
causes of the problems relating to native customary right (NCR) to land in a
comprehensive manner from a human rights perspective and will recommend
appropriate solutions to the problems.

The National Inquiry Panel (hereinafter ‘Panel of Inquiry’) will comprise SUHAKAM
Commission members (see Annex A for details) which will be assisted by a line of
independent consultants (see Annex B for details) who have been selected by the
Commission based on their wide knowledge, experience and expertise in the field of
indigenous rights.

The terms of reference of the National Inquiry are as follows:
i. To determine the constitutional, legal, administrative and political recognition
of the Indigenous Peoples’ right to land and their effectiveness in protecting
and promoting the Indigenous Peoples’ right to land.

ii. To inquire into the land rights situation of the Indigenous Peoples and the
impact of the recognition or non-recognition of the Indigenous Peoples’ right
to land on their social, economic, cultural and political rights, taking into
consideration relevant international and domestic laws.

iii. To identify the constraints which impede the full enjoyment of the Indigenous
Peoples’ right to land in accordance with their needs and requirements.
iv. To create and promote more awareness, knowledge and understanding of the
Indigenous Peoples’ right to land and their way of life.

v. On the basis of the facts and determinations arising from the National Inquiry,
to develop recommendations to the Federal and State Government relating but
not limited to the following:-
a. the review of domestic land laws and other related laws and policies, with
a view to incorporating a human rights focus therein, addressing, in
particular, the problems faced by Indigenous Peoples in their land claims;
and
b. the formulation of strategies and a plan of action with the aim of protecting
and promoting the Indigenous Peoples’ right to land as an indivisible and
integral part of the protection and promotion of their other human rights.
The National Inquiry process will commence with a series of consultations with
relevant stakeholders in Sabah, Sarawak and Peninsular Malaysia respectively. At the
same time, to support the process researchers are being appointed to conduct
research and study on the subject matter including, cases involving land conflicts, the
laws and policies affecting indigenous land and the extent to which they comply with
international human rights standards. GIS mapping of claimed indigenous
boundaries/territories for key cases will also be conducted.

Upon the completion of the consultation process, the Panel of Inquiry will conduct
public hearings in each of the regions to hear testimonies from key witnesses.
Invitations to appear before the Panel of Inquiry will be extended to relevant key
witnesses such as the Indigenous Peoples, government officials, community-based
organisations, corporate personnel, the press and others. Where unavoidable,
subpoenas may be issued to any of the abovementioned to assist in the Inquiry. This
power will be exercised pursuant to section 14(1)(a) of the Human Rights
Commission of Malaysia Act 1999 which empowers the Commission to procure and
receive all such evidence, written or oral, and to examine all such persons as
witnesses as the Commission thinks necessary or desirable to procure or examine.
The Inquiry is open to members of the public and the press. However, video
or audio recording of the Inquiry by members of the public or the press will not be
allowed during the public hearings.

In the meantime, the Panel of Inquiry welcomes public submissions which should
reach the Secretariat of the National Inquiry latest by 30 August 2011. The public is
advised to ensure that submissions are in consonance with the prescribed Terms of
Reference.

Kindly address all submissions to:
Puan Nurul Hasanah Ahamed and Puan Rafidah Yahya
National Inquiry Secretariat
SUHAKAM
Level 11, Menara TH Perdana
Jalan Sultan Ismail
50250 Kuala Lumpur
Tel: 03-2612 5606 / 5645
Fax: 03-26125620 / 5673
inkuirinasional@suhakam.org.my
…END…
“HUMAN RIGHTS FOR ALL”
(TAN SRI HASMY AGAM)
Chairman,
The Human Rights Commission of Malaysia

The Official Website of The National Inquiry Into The Land Rights of Indigenous Peoples
http://www.suhakam.org.my/web/682315/1; ... C00667BC60