Chapter 3 - Report of the Research and Policy Development Group • It has submitted a paper to the Attorney-General’s Chambers on criteria for the appointment of batin. Among the proposed requirements is that the nominee must be an expert on indigenous customs, and must be able to read Bahasa Melayu. The Bar Council recommended that government or other agencies dealing with matters relating to the Orang Asli should hold discussions with the communities and not just the batin, and observe and uphold the principle of free, prior and informed consent. It also recommended that, instead of a native court, a tribunal should be set up to resolve disputes. Indigenous peoples who are well versed on community customs should serve as judges and lawyers, as provided by Article 27 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). The Attorney-General’s Chambers indicated that native customary law could be implemented, taking into account the equal rights of citizens under the Federal Constitution and Article 44 of the UNDRIP. However, outstanding issues must be resolved before any such legislation can be introduced. The Commission’s Chairman, Tan Sri Hasmy Agam, suggested that a law be enacted by incorporating the UNDRIP principles to empower the Orang Asli. Orang Asli and NGO representatives reiterated the need for a native court similar to those in Sabah and Sarawak, but there should not be any attempts to standardise or codify customary laws and punishments as these differ among Orang Asli groups. (b) 2nd Lecture Series on ‘Indigenous Peoples’ Land Rights’ The International Centre for Law and Legal Studies at the Attorney-General’s Chambers invited the Commission to speak at the closed-door lecture series held from 1012 September. Also invited were five experts from New Zealand on the position of the Maoris under the Treaty of Waitangi. Commissioner Jannie Lasimbang presented a paper on the National Inquiry into the Land Rights of Indigenous Peoples in Malaysia, outlining: issues commonly experienced by indigenous communities nationwide; constraints on indigenous peoples’ right to land with respect to policies, laws and administration; impact of recognition or absence of recognition of the right to land, including socio-cultural, psychological, economic political, health and environment impacts; and possible measures and recommendations on protecting the right to land. The delegation from New Zealand shared their experiences on the legal framework relating to 100 The Treaty of Waitangi is an agreement entered into by representatives of the Crown and of Māori iwi (tribes) and hapū (sub-tribes), signed on 6 February 1840. It was a broad statement of principles upon which the British officials and Māori chiefs made a political compact or covenant to found a nation state and build a government in New Zealand. Source: http://www.nzhistory.net.nz

Select target paragraph3