Chapter 3 - Report of the Research and Policy Development Group
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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
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