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towards the Commission’s repeated requests to the State Government to have
a discussion on the issue. The Commission reiterates its recommendations in the
NI report for the authorities to adopt a Human Rights Based Approach (HRBA)
to development and to use the FPIC principle when obtaining consent from the
Orang Asli on any activities that would affect the community. The Commission
also reminds the Government that it is entrusted to achieve the United Nations 17
SDGs, which include managing forests sustainably. In this regard, the Commission
calls upon the KSFD and the Department of Environment (DOE) to thoroughly
and fairly study or investigate the connection between the licensed logging
activities and the deforestation and environmental pollution in Gua Musang as
claimed by the Orang Asli.
While the Orang Asli issue in Kelantan was in the limelight during the year, the
Commission also notes with concern that similar complaints of encroachment
into Orang Asli native customary lands had also been received from Orang
Asli in Pahang, Perak and Johor. The Commission is seeking meetings with the
respective State Governments to resolve the complaints.
(d) Discrimination
During the year, the Commission received eight complaints of discrimination
on the basis of disability, race, and gender. One of the complaints that the
Commission received, from a visually impaired complainant, alleged that
a financial service provider (FSP) practises a discriminatory policy towards
visually impaired persons by way of imposing additional conditions such
as the requirement for the presence of another person in order to receive
and/or activate Automated Teller Machine (ATM)/credit cards, and the
requirement to operate savings/current accounts jointly with another
person. The Commission met with BNM on 14 March to discuss the issue
and BNM conceded that certain FSPs imposed additional requirements
to visually impaired persons to protect themselves as well as the disabled
from any risks. BNM, however, informed the Commission that they take the
educational approach instead of the regulatory approach in ensuring that
the services provided by FSPs are disabled friendly. As such, BNM has been
actively organising trainings to employees of FSPs to enlighten them on the
CRPD. Additionally, BNM informed the Commission of the two strategies
incorporated in the National Disability Action Plan 2016-2022 aimed at
increasing accessibility to financial services for the disabled by ensuring that
banking services such as ATMs and savings account services are disabled
friendly, and that disabled people are provided with insurance protection
which is fair and similar to protection provided to the non-disabled. With
regard to this matter, the Commission calls on all FSPs to ensure that the
same financial services are offered to visually impaired persons as those
offered to any other person, without discrimination. It is also part of corporate
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