5.
CONCLUSION
While there are still many issues concerning the rights of IP in Malaysia that need to be
looked into and addressed, efforts have been made by various stakeholders to find
measures that may mitigate if not resolve these issues. Some of these measures have
proven to be effective and some can even be considered as good practices. It is important
that these good practices be shared with other stakeholders inside or outside of Malaysia
so that the good practices can be emulated and implemented to address similar issues
from other countries. These good practices may be able to boost the level of fulfilment
and respect towards the human rights and fundamental freedoms of IP.
In addressing the rights on IP, it is crucial to take cognizance of some of the main
concerns, which are as follows:
i. It is important to focus on the restitution of non-recognition of customary lands,
redress mechanisms for the loss of the land, review compensation payment made
on land taken for development and enhancement of the capacity of land
departments;
ii. Government bodies are called upon to adopt a human rights based approach to
development with the application of the Free, Prior and Informed Consent
principle;
iii. To promote sustainable development models with active involvement and
participation of indigenous people in Forest Management and other areas, that do
not have an adverse effect on the indigenous communities;
iv. Immediate implementation of corrective measures on indigenous issues especially
in relation to health, education, economic development, civil and political
reformation, laws and policies as well as social and cultural heritage.
SUHAKAM urges stakeholders including Government agencies and CSOs to step up
their efforts in uplifting the status of indigenous status particularly in terms of economic,
social and cultural aspects.
Finally, SUHAKAM urges all stakeholders to uphold principles of the UNDRIP so as to
promote greater acknowledgement and respect for the rights of IP.
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