Report of the National Inquiry into the Land Rights of Indigenous Peoples
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iii. Analysing recent judgments and decisions taken by the Courts when tackling issues
pertaining to land acquisition by State authorities and adequate compensation being
awarded further, including tackling issues on communal ownership and collective rights
of indigenous peoples to land;
iv. Examining the effectiveness of policies, practices, recommendations and special measures
implemented in rectifying violations on indigenous peoples’ land rights;
v. Examining whether relevant bodies and/or agencies which are responsible for protecting
the rights of indigenous peoples have been successful in carrying out their respective
tasks towards remedying complaints on violation of land rights highlighted by affected
indigenous peoples;
vi. Considering the question of resource exploration and development and make
recommendations on ways of accommodating the legitimate concerns and compensating
for the impact of such development on indigenous peoples; and
vii. Making recommendations on the appropriate terms and conditions upon which indigenous
land should be recognised and titles issued.
PUBLIC AWARENESS AND EMPOWERING PROCESS OF THE INQUIRY
1.25 It was also the aim of the Inquiry to create and promote more public awareness on the
indigenous peoples’ rights to land and their way of life (ToR 4). Towards this end, media
involvement is vital to promote transparency for the process, to play an educative role
and to provide some form pressure on the relevant authorities. The media, particularly the
local media, played an active role throughout the process. However, media self-censorship
resulted in considerably lower coverage than expected. A report of the media coverage can
be found in the Annex.
1.26 In addition to creating public awareness, the Inquiry is seen as a major empowering platform
for the indigenous communities, thereby mobilizing themselves towards protecting their
customary land. Communities came together to trace historical evidence to substantiate
their stories and claims of NCR land to be presented before the Inquiry. For some, it also
meant that a number of villages had to select one representative to speak on their behalf.
Women too, also rose to the challenge despite the fact that some have never stood in public
to speak.
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