Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group 1. Address security of tenure (i) To ensure that security of tenure and NCR as perceived by IP are not compromised, it is recommended that before any alienation, reservation or licence in respect of any land is made, created or issued, the authorities should fully investigate the status of the land by reference to relevant documentary and actual evidence on the ground. (ii) Recommendations for changes to laws and policies which have been studied and/or adopted by the Government should be instituted immediately through legal and policy decisions. (iii) Court decisions which have recognised the concept of indigenous/NCR land should be instituted promptly. 2. Clarity of concepts of customary tenure Proper studies are urgently needed to clarify concepts such as rayau and traditional territories. 3. Restitution for non-recognition of customary lands (i) Legal provision needs to be put in place for the restitution of land. Where the possibility of returning customary lands that have been acquired is not possible or feasible, alternative land or compensation should be considered. (ii) 4. Redress mechanisms (i) The NI strongly recommends the establishment of an Indigenous Land Tribunal or Commission composed of retired judges and experts on NCR to resolve issues and complaints related to land claims brought before it by IP. (ii) 5. Remedying past wrongs and instituting redress mechanisms for land loss will not only restore faith in the Government and reconcile conflicts, but also ensure justice and fairness to those whose land has been taken. A Native Title Court or a special court should be created to deal with the backlog of cases in the civil court. An independent mediation mechanism – for example, an Ombudsman – would provide assistance in disputes involving land claims of IP. Address past policies and programmes (i) Policies related to poverty eradication programmes need to be reviewed, ensuring that acquisition of land for such programmes does not infringe on customary land rights. (ii) All areas which have been gazetted without proper survey and demarcation should be resurveyed. (iii) There should be no eviction of communities with established NCR to land. 60