6 Chapter 1 | BACKGROUND TO THE NATIONAL INQUIRY Public Hearings 1.20 The Public Hearings were a continuation of the consultations where specific witnesses appeared before a panel to give further information or to verify certain facts. The Public Hearings, which were held between April and June 2012, were conducted in several areas around the Peninsula, Sabah and Sarawak. 1.21 Bearing in mind the pattern of issues identified through the public consultation process, the Inquiry selected a number of representative cases that were recorded at the public consultations and submissions to be further examined by the Panel at the Public Hearings. The cases selected were based on the availability of valid supporting documents and evidence. 1.22 A total of 132 cases were selected covering a wide range of issues from, among others, administrative, plantation, logging and forest reserves, inclusion of land into protected areas, indigenous land development schemes and commercial development projects. The Public Hearing is an open process and was conducted in accordance with Part III of the Human Rights Commission of Malaysia Act 1999. LIMITATION 1.23 The findings in this Report are based mainly on the statements made under oath by witnesses at the Public Hearings. Other information received from the public consultations and submissions as well as from the research commissioned by the Inquiry also assisted in the coming up with analyses and the recommendations. The Inquiry noted that several other statements and issues were brought up during informal meetings and at the public consultations but to the extent that they were not supported further with evidence or supporting written statements, they were not considered in the final report. SCOPE OF THE INQUIRY 1.24 In identifying who are the indigenous peoples of Malaysia, the Inquiry referred to the Federal Constitution, relevant State laws and the working definition used by the United Nations. While the Inquiry recognises that the Malays of the Peninsula are indigenous to Malaysia, it decided, in adhering to the United Nations’ definition of the term, to focus on the aborigines or Orang Asli of Peninsular Malaysia, and the natives in Sabah and Sarawak. 1 In carrying out its Terms of Reference (ToR), the Inquiry is committed to assess the implementation of laws and procedures and administrative practices in Malaysia in respect of native land against the customary concept of ancestral land and the relevant international standards. In doing so, the following steps were taken: i. Identifying issues pertaining to elements of violation in depriving, restraining the rights of indigenous peoples over their customary land, including understanding indigenous peoples’ perspective of customary land; ii. Examining relevant laws and legal provisions, and current policies, practices and procedures by the authorities and individuals that infringe on the rights of indigenous peoples to land; 1 Although there is no consensus on a universal definition of “indigenous peoples” primarily because of the diverse legal recognition and socio-political situations of indigenous peoples worldwide, the United Nations and other institutions have adopted a working definition to guide their work with indigenous peoples. In this working definition, the common characteristics include historical continuity since before pre-colonial societies; their non-dominant or marginalised situation; self-identification and distinctiveness from the dominant society; determination to preserve their rights and identity; intricate relationship with land, territories and region; and presence of customary, social and political institutions. chapter 1_a4.indd 6 7/5/13 6:42 PM