Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
The Commission has since distributed the NI Report
to various stakeholders including, but not limited to,
government agencies and NGOs, relevant international
organisations and other national human rights institutions.
(b) Recommendations of the NI
The NI Report offers general conclusions and makes 18
recommendations under six main themes.
(i)
General Conclusions
1.
It is the Commission’s
earnest hope that the
National Task Force will
ensure the expeditious and
effective implementation
of the NI proposals and
recommendations in the
interests of the IP.
IP are among the most marginalised and disadvantaged groups in Malaysia. Despite
provisions of the Federal Constitution, domestic laws and international laws that
recognise their land rights, systemic issues have denied them the full enjoyment
of their legal and human rights. These issues have evolved mainly from successive
amendments of land laws that failed to recognise their perspectives of land ownership
and management and, therefore, eroded Native Customary Rights (NCR) exerted over
land.
Administrative decisions have affected land claims as well. These evolved from the
adoption of policies that have given priority to large-scale development projects over
the indigenous subsistence economy.
(ii)
2.
There is a high degree of frustration and anger in indigenous communities over
violation of their land rights and the inadequate response to this. As injustices in
access to and control of land are often central to the genesis of conflict that could be
costly for the country as a whole if not addressed effectively, the NI sees it as critical
that such injustices are dealt with in an expeditious and holistic manner.
3.
On the basis of the facts and determinations arising from the NI, 18 key
recommendations were made alongside proposals for implementation. It is
recommended that all activities involving reviews and studies be conducted with the
full and effective participation of IP. The Government’s commitment in adopting the
recommendation to establish an independent National Commission on Indigenous
Peoples will ensure that indigenous land rights are effectively addressed.
Main Recommendations
The NI finds that recognition of NCR to land is critical to their protection and promotion.
These rights are an indivisible and integral part of the protection and promotion of other
human rights of IP. As such, current shortcomings must be addressed.
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