xii EXECUTIVE SUMMARY in Madeli bin Salleh. Other cases include Adong Kuwau, Nor Ak Nyawai, Sagong Tasi, Rambilin, Madeli Salleh, Bato’ Bagi and the case of Andawan Ansapi which was related to forest reserve. These judgments confirm that customary land rights are based on native law and customs, and that the customs of the various communities define the content of the customary title. “Customs and usage” are part of the laws of Malaysia as defined under the Federal Constitution. Customs are also recognized and may be proven under common law as was the case of Madeli bin Salleh. Since this was a Federal court decision, common law principles would apply in Sabah, Sarawak and Peninsular Malaysia. Malanjum CJSS reiterated the importance for the courts to consider in “pragmatic, liberal fashion the constitutional provisions to safeguard not just the textual but the implicit rights.” CHAPTERS 6, 7 and 8 – FINDINGS Chapters 6, 7 and 8 contain the findings of the Inquiry specifically for Sabah, Sarawak and Peninsular Malaysia respectively. The issues examined in these Chapters relate to land rights of the indigenous peoples (in line with ToR 2); constraints that impede rights to land (in line with ToR 3); and the effectiveness of responses to land claims (in line with ToR 1). The issues raised in section (i) of these Chapters were derived from submissions and public hearings conducted, while section (ii) on the constraints and section (iii) on the effectiveness of responses to land claims were based on analyses after considering all the available information. CHAPTER 9 - IMPACTS OF RECOGNITION AND NON-RECOGNITION OF INDIGENOUS PEOPLES’ RIGHT TO LAND This Chapter analyses the impacts 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. This is because of the unique relationship that indigenous peoples have with their land, which is central to their ways of life and collective identities. Since the findings point mainly to the non-recognition of indigenous peoples’ right to land and their impacts, it is critical to find redress and remedies in order to accord recognition to indigenous peoples’ rights to land. With respect to socio-cultural and psychological impacts, the Inquiry found that there is a high level of frustration, anger and desperation among indigenous communities because of the non-recognition of their rights to land, resulting in the venting of dissent or threats, and lately, open protests. The rapid erosion of cultural identity and languages as a result of land loss has reached alarming levels. The destruction of sacred sites on indigenous peoples’ land means rituals and ceremonies as expressions of religious and spiritual belief systems of indigenous peoples are no longer possible. When land of indigenous communities are taken for development, the attempts made to integrate and relocate them in new settlements often result in them being socially marginalized. Rapid conversion of customary lands into plantations or destruction of habitats leading to extinction of herbs and other medicinal plants has also impacted indigenous knowlege on healing. In terms of economic impacts, non-recognition of indigenous peoples’ rights to land has displaced some indigenous peoples from their customary land and deprived them of their livelihood. Economic self-reliance has been progressively reduced, making indigenous communities dependent on government subsidies and handouts and vulnerable to exploitation, forcing them to become coolies on their own land. The right to food is also violated when indigenous peoples are denied access to land. Report SUHAKAM i-xx_a4.indd 12 7/5/13 6:39 PM