(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
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