2 Chapter 1 | BACKGROUND TO THE NATIONAL INQUIRY CHAPTER 1 BACKGROUND TO THE NATIONAL INQUIRY WHAT IS A NATIONAL INQUIRY? A national inquiry is a mechanism that can be used to achieve the Commission’s mandate to look into systemic human rights issues with a view to solving them through systematic means. By adopting a broad-based human rights approach, it can examine a large situation as opposed to an individual complaint, and has a dual focus, fulfilling both fact finding and educational roles. An effective national inquiry is one that is supported by the exercise of powers to subpoena witnesses and documents to its hearings, and produce a public report that contains recommendations to all relevant parties. A national inquiry has also the benefit of being educational in nature, capable of educating the general public and all parties concerned and regarded to be better at investigating systemic causes of human rights violations. Using methodologies that involve broad participation in an issue, all perspectives can be heard resulting in more comprehensive recommendations, with general and specific applications to effectively tackle the issue. A national inquiry examines human rights violations of a specific nature but with a wide and serious basis. The violation should also consist of an historic and systemic pattern and requires prospective action by many parties, not only the Government. A national inquiry would also be suitable in situations where there is a low level of public and political recognition. 1.1 Since its establishment, the Human Rights Commission of Malaysia (SUHAKAM) has received various complaints and memorandums from indigenous communities alleging various forms of human rights violations. In response to these, SUHAKAM conducted investigations into specific cases, carried out field studies, held dialogues with the relevant communities, roundtable discussions with the State Government and other relevant agencies as well as private enterprises indicated in these complaints. Based on the activities, special Reports were published and submitted to the relevant parties. 1.2 SUHAKAM has also received numerous complaints between 2002 and 2010 related to customary rights to land, many of which have not been resolved. These complaints from indigenous peoples relate to allegations of encroachment and/or dispossession of land; land included into forest or park reserves; overlapping claims and slow processing of requests for the issuing of native titles or community reserves. Literature reviews about such issues also found that allegations of violation on indigenous customary land affect mainly the indigenous peoples in Malaysia. 1.3 SUHAKAM is of the view that a problem of this magnitude could not be overcome by using piecemeal approaches or addressed on a case by case basis. Instead, there is the need to tackle the root causes of issues comprehensively by taking cognizance of the experiences of indigenous peoples all over Malaysia and examined from human rights lens. SUHAKAM thus decided to conduct a National Inquiry into the Land Rights of indigenous peoples in Malaysia. chapter 1_a4.indd 2 7/5/13 6:42 PM