Report of the National Inquiry into the Land Rights of Indigenous Peoples 3 LEGISLATIVE BASIS FOR THE NATIONAL INQUIRY 1.4 SUHAKAM’s authority to conduct a National Inquiry lies in section 12(1) of the SUHAKAM Act (“Act”). Section 12(1) States:   The Commission may, on its own motion or on a complaint made by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, inquire into an allegation of the infringement of the human rights of such person or group of persons. 1.5 It is clear, from section 12(1), that if SUHAKAM has information suggesting that an infringement of human rights has occurred in Malaysia, it may inquire on its own motion into the incident. SUHAKAM’s powers relating to the conduct of inquiries are prescribed in sections 12, 14, and 15 of the Act, read with section 18 of the Act and section 40 of the Interpretation Acts 1948 and 1967 (Act 388). TERMS OF REFERENCE 1.6 The Terms of Reference for the National Inquiry are as follows: i. To determine the constitutional, legal, administrative and political recognition of the indigenous peoples’ right to land and their effectiveness in protecting and promoting the Indigenous peoples’ right to land. ii. To inquire into the land rights situation of the indigenous peoples and the impact of the recognition or non-recognition of the indigenous peoples’ right to land on their social, economic, cultural and political rights, taking into consideration relevant international and domestic laws.   iii. To identify the constraints which impede the full enjoyment of the indigenous peoples’ rights to land in accordance with their needs and requirements.   iv. To create and promote more awareness, knowledge and understanding of the indigenous peoples’ right to land and their way of life.   v. On the basis of the facts and determinations arising from the National Inquiry, to develop recommendations to the Federal and State Governments relating but not limited to the following:   a) the review of domestic land laws and other related laws and policies, with a view to incorporating a human rights focus therein, addressing, in particular, the problems faced by indigenous peoples in their land claims; and b) the formulation of strategies and a plan of action with the aim of protecting and promoting the indigenous peoples’ right to land as an indivisible and integral part of the protection and promotion of their other human rights. PANEL OF INQUIRY 1.7 The Commission’s Chairman, Tan Sri Hasmy Agam, chaired the National Inquiry Panel in which other Commissioners sat as members. SABAH chapter 1_a4.indd 3 SARAWAK PENINSULAR MALAYSIA 1. Tan Sri Hasmy Agam 1. Tan Sri Hasmy Agam 1. Tan Sri Hasmy Agam 2. Ms Jannie Lasimbang 2. Mr Detta Samen 2. Datuk Dr Khaw Lake Tee 3. Mr Muhammad Sha’ani Abdullah 3. Mr James Nayagam 3. Ms Jannie Lasimbang 7/5/13 6:42 PM