Each State Government is to report periodically on the status of gazetting aboriginal areas/reserves under Section 6 and 7 of the Aboriginal Peoples Act 1954; ii) Guided by the principle of a human rights-based approach and the principle of free, prior, and informed consent (FPIC) as envisaged by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), JAKOA and the states of Sabah and Sarawak are to develop guidelines to ensure the participation of indigenous peoples in the country’s/state’s development agenda, especially in those areas which would have direct impact on them; iii) The proposal for JAKOA’s restructuring is to be submitted to the Ministry of Rural and Regional Development (KKLW) and the Public Service Department (JPA) for approval; iv) National Institute of Land Survey (INSTUN) and JAKOA are to develop a training module for staff members and officers in charge of native land and administration of indigenous peoples; v) The Legal Affairs Division of the Prime Minister’s Department is to carry out research on the concept of Native Land Rights; vi) The objective of National Legal Aid Foundation (YGBK) is to be amended by expanding its mandate to enable it to represent indigenous peoples in land cases as well as to enhance the capacity of its members in dealing with native land cases; and vii) Three additional posts are to be created in Department of Good Governance and Integrity (BITU) in order for BITU to carry out its duty as the Secretariat to the Cabinet Committee effectively. CHAPTER 1 i) However, the Commission is very concerned with the slow progress in the undertaking of these actions by the Government, which has resulted in human rights violations of indigenous peoples, especially the encroachment into their native land for the purpose of development which still occurs today. For instance, during this year the Commission received 41 complaints with regard to native land rights. Despite of the Government’s commitment on this issue, the encroachment into indigenous peoples’ lands for the purpose of logging, plantation, and mining are still taking place. The Commission believes that the Government could take a similar approach to that of the State Government of Sarawak, which issued a moratorium on the development of all new hydroelectric dams in Sarawak. Specifically, the Commission calls for the Government to issue a moratorium or temporary prohibition order on all developments which involve indigenous peoples’ land rights, pending the implementation of the recommendations. 26 SUHAKAM ANNUAL REPORT 2016 suhakam 2new.indd 26 3/23/17 5:54 PM

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