Indigenous Peoples
Overview
The rights of indigenous peoples remained a focus of SUHAKAM in the year of review.
Besides conducting awareness-raising programmes for the community, SUHAKAM
continued to receive complaints of alleged infringement of rights and followed up on
the recommendations made at the conclusion of the National Inquiry into the Land
Rights of Indigenous Peoples.
The struggle to get recognition of their native customary land rights from the government
has always been as a major challenge for indigenous peoples in Malaysia. Jurisdiction
over land matters falls within the authority of state governments and for almost all state
governments in Malaysia, the land and forest have been one of their main sources of
revenue. Moreover, existing state policies do not give due recognition to the land rights
of indigenous peoples. Laws in Malaysia largely have no provisions that acknowledge
the native customary rights of indigenous peoples. Nevertheless, there have been
several court rulings in favour of the indigenous community. These keep their hopes
and struggle alive1. In fact, The indigenous peoples have urged the new government
to use court cases to formulate new laws to protect their rights.
1
Cases won through the years include the Adong Kuwau case in Kota Tinggi, Johor; Sagong Tasi in Sepang, Selangor;
Mohamad Nohing in Bera, Pahang; and Yibet in Kuantan, Pahang. Other cases are the Wong Chu Wai case in Bidor;
Sangka Chuka in Kampung Peta, Johor; Eddy Salim from the Seletar tribe in Johor; and Pos Belatim and Pos Balar in Gua
Musang, Kelantan - https://www.thestar.com.my/news/nation/2018/11/15/orang-asli-use-court-cases-to-formulatenew-laws/#mhX76Swry1PA8Oom.99