Key Issues
provide feedback. Thus far, many Orang Asli and Orang Asal representatives have expressed
to the Commission their concern and disappointment over the lack of transparency in way
the Task Force has functioned.
With respect to the Cabinet Committee on Native Land Rights that is currently being led by
the Deputy Prime Minister, other than its formation, there is no other information available
about the Cabinet Committee, or at least none that has been made public. The Commission
has inquired since August 2015 on the Cabinet Committee’s membership, terms of reference,
and action plan, but have yet to receive any reply.
It is the Commission’s earnest hope that deliberations of the NI findings and recommendations
are done openly and transparently, and followed up by way of the expeditious and effective
implementation of those recommendations to preserve the rights and interests of Indigenous
Peoples in Malaysia.
7. NATIONAL HUMAN RIGHTS ACTION PLAN (NHRAP)
Since the Cabinet announced in 2012 that it would develop Malaysia’s maiden NHRAP, the
Commission has been active in urging for this process to be expedited, in addition to making
several submissions to propose the parameters and substance of the upcoming NHRAP.
However, noting the progress to date, the Commission opines that the process of coming
up with the NHRAP is moving rather sluggishly.
Originally, the development of the NHRAP was expected to begin in 2013 and conclude in
2016, followed by the NHRAP’s implementation in the year after. However, it was only in
November 2015, during the biennial meeting of the NHRAP Steering Committee, that it was
announced that an external consultant had been commissioned by the BHEUU to develop
the NHRAP, with the complete draft to be presented to the BHEUU in April 2017, which
would therefore require a deferment of the NHRAP’s implementation date.
Having said that, the Commission notes that the NHRAP is an important document that must
be thought out and crafted carefully, especially given that the five listed NHRAP thrusts are
immensely broad. The Commission reiterates the essentiality for the Plan to be ambitious
yet realistic, with specific timeframes for the purpose of gauging the Plan’s successes and/
or failures. The Commission therefore recommends that the substance of the Plan focus
on addressing recommendations that Malaysia had received during the Universal Periodic
Review (UPR), in view that many of the recommendations adopt the S.M.A.R.T (specific,
measurable, achievable, relevant and time bound) criteria.
The Commission also recommends that the Plan prioritise the accession to the remaining
core international human rights treaties, which could provide the foundation necessary
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