CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP Reference was made to a report entitled ‘A Wider Context of Sexual Exploitation of Penan Women and Girls in Middle and Ulu Baram, Sarawak, Malaysia’, based on an independent fact-finding activity by the PSG, together with the Asian Forum for Human Rights and Development and the Asian Indigenous Women’s Network. The report details cases alleging sexual abuse, and provides evidence and statements by a number of survivors, as well as recommendations with the aim of resolving the issue. The meeting saw several issues being raised and suggestions made. (i) Investigation of alleged sexual abuse The PSG had proposed that the Government should set up a Royal Commission to investigate the complaints, but the Government rejected this on the basis that the matter is not urgent. Thus, it was suggested that the Commission should conduct a national inquiry into the alleged sexual abuse of Penan women and girls. (ii) The Commission’s stand The Commission was urged to make its stand known on the issue, as this would be beneficial to the protection and security of Penan women and girls, who are allegedly being harassed by irresponsible individuals. It was suggested that a press statement would clarify the Commission’s stand and assist the PSG. The Commission could – in the press statement – acknowledge the PSG report. This would lend weight for the report to be accepted as resource material on which the authorities could base action. (iii) Needs of IPs In line with the spirit of United Nations Declaration on the Rights of Indigenous Peoples, the task of ensuring access to infrastructure is primarily an obligation of the Government/State. Instead, in some villages affected by plantation activities in Malaysia, arrangements have been made between the State and private concessionaires that have, in effect, shifted the responsibility of the State to the latter.3 It was suggested that the Government should perform its duty. The Commission could also play a role by forming a committee to gather and assess information on the status of the rights of IPs. The committee should consist of members of the Commission, Professor Madya Dr Ramy Bulan, and representatives of the COAC and other human rights NGOs. It was also recommended that the Commission should conduct a national-level inquiry into the development-related grievances of IPs. 3 See the Commission’s Report on ‘Penan Benalih Blockade Issue, 2007’, p18 70