In brief, the Terms of Reference for the NI were as follows:
i.
To ascertain the extent to which the existing Malaysian constitutional, legal,
administrative and political provisions/positions recognise the IP’s land
rights and their effectiveness in promoting and protecting native land rights;
ii.
To identify the constraints that impede the full enjoyment of IP’s right to land
and their spillover effect on the enjoyment of other rights;
iii.
To promote awareness and understanding of the IP’s land rights and way of
life; and
iv.
Based on the facts and findings of the NI, to recommend, inter alia:
a.
the review of domestic land laws and policies in order to address the
persisting native land dilemma in Malaysia and ensure their respect
towards human rights, and
b.
the formulation of strategies and a plan of action in which the IP’s land
right is integral to the general promotion and protection of human
rights.
The NI sought wide public participation from the beginning of the process,
including the involvement of indigenous communities, the Government, NGOs,
the academia and other experts in the field.
At the prelude of the NI, a series of introductory sessions and intensified
engagements with the media were conducted to create public awareness about the
intention and objectives of SUHAKAM’s NI. The ensuing public consultations and
call for public submissions received overwhelming response with a total of 892
statements being recorded from the IP. The statements covered a wide range of
issues including, among others, allegations of delay in processing of native land
titles, encroachment by logging, plantation and commercial development projects,
problems with indigenous land development schemes, as well as inclusion of native
land into forest reserves and other national or state protected areas. From the total
statements received, 132 cases were selected – on the basis that valid supporting
documents were made available during the consultations and submissions – to be
examined further during the public hearings before a three-member panel
consisting of SUHAKAM Commissioners. Apart from the IP witnesses, relevant
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