The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions Since its establishment, the Human Rights Commission of Malaysia (SUHAKAM) has received a number of complaints alleging violations of the rights of indigenous peoples. In response to these complaints, SUHAKAM conducted several investigations and research studies, leading the institution to detect indications of a systemic pattern of concerns relating to the native customary land rights of indigenous peoples. In 2010, SUHAKAM decided to hold a National Inquiry into the Land Rights of Indigenous Peoples in Malaysia. Prior to conducting the national inquiry, SUHAKAM received technical advice and training from the APF and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law. Early in the inquiry process, SUHAKAM developed a background paper, which provided contextual information regarding indigenous peoples in Malaysia and outlined the legal basis for SUHAKAM to conduct a national inquiry.249 The paper also outlined the terms of reference of the national inquiry as being: (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’ right 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 Government 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. SUHAKAM organized a number of public consultations, fact-finding visits and discussion sessions as part of the national inquiry process, which commenced in December 2010 and continued into 2012. SUHAKAM also set up a process to receive written submissions from members of the public and concerned stakeholders. Additionally, SUHAKAM appointed researchers to support the inquiry process by conducting targeted research studies on specific topics, such as cases of land conflicts and on the compliance of local laws and policies affecting indigenous land with international human rights standards. In its press statement announcing the commencement of the national inquiry, SUHAKAM said that it intended to conduct “GIS mapping” of claimed indigenous boundaries/territories.250 A core component of the national inquiry process was the process of gathering evidence through public hearings. SUHAKAM used its quasi-judicial powers to conduct public hearings in several venues across Malaysia, hearing testimonies from key witnesses who had been invited or subpoenaed to attend the hearings. The hearings were led by a Panel of Inquiry, headed by the SUHAKAM Chairperson, Tan Sri Hasmy Agam. The hearings were conducted in open venues, with media and members of the public free to attend. 249 More information is available at www.suhakam.org.my/web/682315/1. 250 Human Rights Commission of Malaysia, “SUHAKAM to conduct a national inquiry into the land rights of indigenous peoples in Malaysia”, available at www.suhakam.org.my/web/682315/13. 94 | Chapter 10: Public inquiries