Each State Government is to report periodically on the status of gazetting
aboriginal areas/reserves under Section 6 and 7 of the Aboriginal Peoples
Act 1954;
ii)
Guided by the principle of a human rights-based approach and the
principle of free, prior, and informed consent (FPIC) as envisaged by the
UN Declaration on the Rights of Indigenous Peoples (UNDRIP), JAKOA and
the states of Sabah and Sarawak are to develop guidelines to ensure the
participation of indigenous peoples in the country’s/state’s development
agenda, especially in those areas which would have direct impact on
them;
iii)
The proposal for JAKOA’s restructuring is to be submitted to the Ministry
of Rural and Regional Development (KKLW) and the Public Service
Department (JPA) for approval;
iv)
National Institute of Land Survey (INSTUN) and JAKOA are to develop a
training module for staff members and officers in charge of native land and
administration of indigenous peoples;
v)
The Legal Affairs Division of the Prime Minister’s Department is to carry out
research on the concept of Native Land Rights;
vi)
The objective of National Legal Aid Foundation (YGBK) is to be amended
by expanding its mandate to enable it to represent indigenous peoples in
land cases as well as to enhance the capacity of its members in dealing
with native land cases; and
vii)
Three additional posts are to be created in Department of Good
Governance and Integrity (BITU) in order for BITU to carry out its duty as the
Secretariat to the Cabinet Committee effectively.
CHAPTER 1
i)
However, the Commission is very concerned with the slow progress in the
undertaking of these actions by the Government, which has resulted in human
rights violations of indigenous peoples, especially the encroachment into
their native land for the purpose of development which still occurs today. For
instance, during this year the Commission received 41 complaints with regard
to native land rights. Despite of the Government’s commitment on this issue,
the encroachment into indigenous peoples’ lands for the purpose of logging,
plantation, and mining are still taking place. The Commission believes that the
Government could take a similar approach to that of the State Government of
Sarawak, which issued a moratorium on the development of all new hydroelectric
dams in Sarawak. Specifically, the Commission calls for the Government to
issue a moratorium or temporary prohibition order on all developments which
involve indigenous peoples’ land rights, pending the implementation of the
recommendations.
26 SUHAKAM ANNUAL REPORT 2016
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