(b) Tasik Chini, Pahang. Logging, clearing of land for agriculture and unstructured mining activities at the vicinity of Lake Chini in Pekan, Pahang, have affected 11indigenous villages around the Lake. Pollution and forest deterioration have resulted in lower income, social conflict and threats on those advocating for their rights among affected indigenous communities. Land issues do not only affect IP’s rights to life, to own property, to practise their culture, traditions and to preserve their identity, but also affect the whole ecosystem and their right to clean environment, which according to Article 29 125 of UNDRIP, must be respected. (ii) Free, Prior and Informed Consent (FPIC) During the Public Hearings of SUHAKAM’s NI on the Land Rights of Indigenous Peoples, SUHAKAM received numerous complaints from the IP regarding the nonapplication of the principle of Free, Prior and Informed Consent (FPIC) for development projects affecting them. FPIC implies informed, non-coercive negotiations between investors, companies or Governments and the IP prior to the development and establishment of development or agricultural projects such as oil palm estates, timber plantations or other enterprises on their customary lands. 126 This means that consultations and negotiations must take place with the communities before any project can proceed. Indigenous communities have the right to decide whether they will agree to the project or not once they have a full and accurate understanding of the implications of the project on them and their customary land. 127 According to the UNDRIP, the IP have the right to determine and establish priorities and strategies for their self-development and for the use of their lands, territories and other resources. IP should demand that the principle of FPIC be treated as a condition UNDRIP (n 48), Article 29: 29. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination”. 126 Forest Peoples Programme, ‘Free, Prior and Informed Consent’ <http://www.forestpeoples.org/guidingprinciples/free-prior-and-informed-consent-fpic>assessed on 8 August 2012 127 Ibid. 125 46

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