Apart from the above, at Malaysia’s Third Universal Periodic Review during the 31st
Session of the UPR Working Group on 8 November 2018, Finland requested updates on
the government’s implementation of SUHAKAM’s NI recommendations. The government
stated that it had initiated constructive dialogue with representatives of indigenous
communities over the issue of land rights and engaged with all states in Peninsular
Malaysia that were involved.
Recommendations
SUHAKAM recommends the following steps to recognise the rights of the Indigenous
Peoples of Malaysia:
i.
Implement the recommendations made in the NI without any delay.
The Minister in Prime Minister’s Department responsible for National Unity and Social
Wellbeing who has been entrusted with the responsibility of overseeing the rights
of Orang Asli must work with all state governments to monitor the implementation.
The Minister should also engage his counterparts in Sabah and Sarawak in a similar
manner.
ii. All state governments must recognise the indigenous peoples right to native
customary land and gazette lands for the community. Engage the indigenous
community for alternative forest-based revenue generating activities like ecotourism.
iii. Apply the principle of free, prior and informed consent before making any
development programmes for the indigenous community.
iv. Adopt the interim measures proposed by the Forestry Department in Kelantan in
recognising the indigenous peoples land rights.
v. The Sabah Land Ordinance (CAP 68) should be reviewed and amended to
eliminate ambiguity and confusion. A workshop could be organised to bring
together experts, representatives of complainants, and other interested parties to
identify the changes needed.
vi. Enhance school facilities and training for teachers in Orang Asli schools.
vii. The capability and capacity of officers and staff involved in land and forest
administration and management should be upgraded on a regular and continuous
basis to make them more human rights compliant.
viii. Land and forest administration and management processes should be made more
transparent. Close consultations with the affected community should be carried
out as and when a project is planned and implemented such as the construction
of dams, gazetting of forest reserves, water catchments, wildlife conservations,
Sabah Parks, settlement schemes, commercial and agricultural project and other
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SUHAKAM
ANNUAL REPORT 2018