CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP (b) Follow-up Action by the Commission The Commission’s participation at the dialogue enabled it to observe the negotiation process between the State Government and affected communities. In a letter to the SPU sent on 5 May, the Commission communicated its views and recommendations: (i) Free, prior and informed consent This is a fundamental human rights principle, and its importance is heightened for vulnerable groups such as IPs. This is clear as the principle is repeatedly mentioned in Articles 10, 19, 28 and 32 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The series of dialogues held between the Sarawak Government, project consultant and affected communities on the terms of resettlement appear to have complied with the principle of free, prior and informed consent. The process has enabled the villagers to ascertain, negotiate and provide consent to the terms of their relocation and compensation, as well as details of housing arrangements and facilities to be made available in the resettlement areas. While commending the efforts made by the State Government and consultant to ensure that the villagers are actively involved in this decision-making process, the Commission noted that the relocation of communities has come about forcibly as a result of the construction of the Murum HEP and is not a choice freely made by the communities concerned. This is against Article 10 of the UNDRIP. The Commission therefore recommended that the requirement for free, prior and informed consent be incorporated through policy changes covering the whole process of a project.6 (ii) Adequate housing With respect to housing for the communities to be resettled in Tegulang and Melatun, the Commission recommended that: 6 • The new houses are constructed according to the agreed specified design and are of good quality, and not built using sub-standard materials; and • The provision of housing takes into consideration other components of the right to adequate housing, including legal security of tenure, availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, location and culturally adequate elements;7 and See http://www2.ohchr.org/english/issues/indigenous/docs/guidelines.pdf p 28 on elements of free, prior and informed consent 7 For a further explanation, please see the Commission’s Report on Adequate Housing: A Human Right (A Report of the Commission’s Seminar on Human Rights Pertaining to Basic Needs), 2004; Report available at: http://www.the Commission.org.my/conf_forum_wshop_report 80