Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
(iii) Regular discussions must be held among IP, the Government, parliamentarians
and other stakeholders to bridge gaps in perception and understanding.
12. Recognition of customary lands in protected areas
Remedies should be found for failure to give affected communities adequate
information and notice required by law prior to the gazetting of protected areas
and forest reserves. Such remedies could include excision of the community lands,
granting of an alternative area, or exemplary joint management agreements for areas
where communities can continue to stay.
13. Encourage active involvement of IP in forest management
(i) A new policy directive is needed for enhanced and active involvement of indigenous
communities in forest management programmes, especially in forest reserves.
(ii)
Land administration issues should be addressed.
14. Conduct comprehensive review of JAKOA
(i) In view of the seriousness of complaints and apparent weaknesses of the JAKOA
in protecting Orang Asli land rights as provided by the Aboriginal Peoples Act
1954, an independent and comprehensive review of the department should be
undertaken at an early date.
(ii)
While such review is underway, the JAKOA should be more proactive in resolving
existing Orang Asli land issues.
15. Capacity enhancement of Land Departments
Staff of the Lands and Surveys Department (Sabah and Sarawak) and the Department
of Land and Mines (Peninsular Malaysia), including the delegated authorities at the
district level, would benefit from capacity enhancement to ensure effectiveness in
dealing with the land rights of IP.
16. Review responses to land issues
Gaps and weaknesses in administrative procedures and practices designed to facilitate
the recognition of indigenous communities’ rights to land should be reviewed by the
relevant authorities to ensure more efficient implementation, taking into consideration
past recommendations and studies.
17. Immediate implementation of corrective measures
(i) Land Offices should adopt and practise ‘zero’ tolerance for corruption, and
ensure that their processes are accountable and transparent.
(ii)
Relevant authorities, particularly the Land Office and the Forestry Department,
need to enhance in-house complaints handling.
(iii) Police reports lodged by communities should be investigated and the role of the
police in any conflict must be strictly non-partisan.
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