Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group
(iv) The opinion of the Ketua Kampung, Penghulu and Batin and the native/district
chief (or the Native Courts of Sabah and Sarawak) should be sought when
verifying historical evidence and the demography of an area claimed under
customary rights. However, in view of the negative perception of some of these
leaders, alternative ways to get historical and demographic information should
also be considered.
(v)
Recognise land as central to the identity of IP
The close relationship of IP to their customary lands and territories means
that these are significant not only as a means of livelihood but also as part of
their spiritual and cultural life, and form part of their identity as people. The
centrality of customary lands is vital for their development and cultural survival.
Effective recognition, as well as the promotion and protection of rights to land
and identity, would thus require time-bound, broad-based affirmative action that
encompasses issues related to their development and well-being.
18. Establish an Independent National Commission on Indigenous Peoples
The function of the Commission, among others, should be to advise the Government
on laws and policies related to IP; propose and monitor sustainable development
programmes on indigenous land; promote participation of IP at all levels; and conduct
research on issues related to their well-being. Members of the Commission should
be composed mainly of representatives of IP who have the support and acceptance of
these communities.
2. PUBLIC INQUIRY INTO INCIDENTS DURING AND AFTER THE
PUBLIC ASSEMBLY OF 28 APRIL 2012
The Parliamentary Select Committee (PSC) on Electoral Reform, set up on 2 October 2011,
released its report in early April 2012 with 22 recommendations to improve the electoral system.
The report was passed by the Dewan Rakyat on 3 April 2012.
On 4 April 2012, BERSIH 2.0 expressed dissatisfaction with the report and said its eight demands
had not been fully addressed by the PSC. It organised a rally, dubbed ‘Duduk Bantah’, on 28
April 2012 at various locations in the country including Dataran Merdeka in Kuala Lumpur.
Allegations of human rights violations arose during the rally in Kuala Lumpur and were reported
to the Commission. It conducted a Public Inquiry over a period of 29 days between 5 July 2012
and 10 January 2013.
(a) Public Hearings
During the public hearings, 49 witnesses were called to testify. The Panel of Inquiry received
67 exhibits and identified documents including photographs, video recordings, news clippings,
medical reports, and police reports. It is observed that the rally was the first public assembly to
be held following the passage of the Peaceful Assembly Act 2012 (PAA) on 23 April 2012.
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