EXECUTIVE SUMMARY CHAPTER 1 - BACKGROUND TO THE NATIONAL INQUIRY Since its establishment in 1999, the Human Rights Commission of Malaysia (SUHAKAM) has been dealing with allegations of violations to indigenous customary rights to land, many of which have not been resolved. SUHAKAM in 2010 therefore decided to conduct a National Inquiry into the Land Rights of Indigenous Peoples (the Inquiry) in Malaysia as it is of the view that the issue could not be resolved using piecemeal approaches or addressed on a case by case basis. The Inquiry is envisaged to tackle the root causes of land issues comprehensively by taking cognizance of the experiences of indigenous peoples all over Malaysia and examined from human rights lens. The Terms of Reference of the Inquiry are: i. To determine the constitutional, legal, administrative and political recognition of the indigenous peoples’ right to land and their effectiveness in protecting and promoting the indigenous peoples’ right to land. ii. To inquire into the land rights situation of the indigenous peoples and the impact of the recognition or non-recognition of the indigenous peoples’ right to land on their social, economic, cultural and political rights, taking into consideration relevant international and domestic laws. iii. To identify the constraints which impede the full enjoyment of the indigenous peoples’ rights to land in accordance with their needs and requirements. iv. To create and promote more awareness, knowledge and understanding of the indigenous peoples’ right to land and their way of life. v. On the basis of the facts and determinations arising from the National Inquiry, to develop recommendations to the Federal and State Governments relating but not limited to the following:a) the review of domestic land laws and other related laws and policies, with a view to incorporating a human rights focus therein, addressing, in particular, the problems faced by indigenous peoples in their land claims; and b) the formulation of strategies and a plan of action with the aim of protecting and promoting the indigenous peoples’ right to land as an indivisible and integral part of the protection and promotion of their other human rights. The Inquiry adopted a cooperative and responsive approach for the Inquiry, one that involved a wide range of stakeholders, including government departments and agencies, non-governmental organisations, indigenous communities, private companies, media and other interested groups and individuals. The Inquiry also sought to identify and develop practical solutions that would yield improvements to the status of land ownership of the Indigenous peoples of Malaysia. The Inquiry started with introductory sessions followed by public consultations with stakeholders. Throughout the same period, the Inquiry also called for written public submissions. Subsequently, public hearings were conducted to hear selected cases from the consultations and submissions. The Inquiry also commissioned studies into the land rights of the indigenous Report SUHAKAM i-xx_a4.indd 9 7/5/13 6:39 PM