Report of the National Inquiry into the Land Rights of Indigenous Peoples vii unfortunately have not taken into account their real needs and expectations as peoples and communities. Of course, central to this understanding between the authorities and the indigenous peoples is the forging of a sense of mutual confidence and respect between them. What became very clear throughout the National Inquiry is a deficiency of this arising from a lack of real communication between the two sides. For some reason, there appears to be a communication gap between the communities and the authorities over the issue of development that is being pursued that is not compatible with the concept of development that is understood and preferred by the communities. The numerous complaints made to the Commission and the Inquiry bear testimony to this. Clearly, a rational approach would be to ensure that developmental programmes for the indigenous peoples should be in line with the Declaration on the Right to Development, with its emphasis on the centrality of the human person, freedom from fear and want, and on promoting and protecting human rights for all. This Report is an objective and upfront or candid presentation of the facts based on the testimonies presented to the panel and, in some cases, observations on the ground. It may, in a number of instances, be critical in its observations but it is done in a constructive spirit with a view to drawing attention to and hopefully ameliorating the situation of the indigenous peoples, who feel peripheralised and deeply disappointed that their pleas have not been heard by the powers that be. The Report contains a number of recommendations for the consideration and follow-up actions of the Government, both by the Executive and Legislative, where appropriate. Some of the proposals are of a practical nature that could be implemented within possibly a short period of time, while others might take medium and long-term time-frames. Among these proposals, the Inquiry is strongly recommending the establishment of an independent National Commission on Indigenous Peoples that would look into the effective recognition, as well as the promotion and protection of the Orang Asal’s rights to land and identity, which would represent a time-bound, broad-based affirmative action that encompasses issues related to indigenous peoples’ development and well-being. The Inquiry also urges the establishment of an Indigenous Land Tribunal or Special Commission which should be empowered to decide on complaints brought before it which neither the Inquiry nor this Commission is authorised or mandated to undertake under its founding Act. Another proposal relates to the creation of an independent mediation mechanism, for instance of the Ombudsman type, which could assist in resolving land disputes between and amongst the indigenous peoples and communities. Indeed, if these new redress mechanisms are created, it would ease the burden of both the court in dealing with these issues, as well as the indigenous peoples, who go through the court only as a last resort due to the costs involved and the uncertainty of its decision. The Commission decided to submit this Report as a Special Report to Parliament in accordance to section 21(3) of the SUHAKAM Act. Nevertheless, the dissolution of Parliament to make way for the 13th General Election which coincided with the completion of the Inquiry Report in April 2013 compelled the Commission to postpone the release of the Inquiry Report to the public until Parliament convenes. Report SUHAKAM i-xx_a4.indd 7 7/5/13 6:39 PM