NATIONAL INQUIRY INTO THE LAND RIGHTS OF INDIGENOUS PEOPLES & SUBSEQUENT ACTIVITIES IN BUSINESS AND HUMAN RIGHTS APF SEO Meeting, 23 – 24 JUNE 2014

CONTENT Background on National Inquiries Indigenous Peoples NI dividing factors and questions The Inquiries Process General Findings & Categories Of Issues SUHAKAM’s Recommendations The Report & Government's Response Challenges & Lessons Learnt Business & Human Rights Challenges Identified

NATIONAL INQUIRY BACKGROUND NI conducted into the Land Rights of Indigenous Peoples in 2010 Decision taken – complaints and memoranda received on alleged infringements of the rights of the Indigenous Peoples Competence to conduct NI under Human Rights Commission of Malaysia Act 1999 : Section 12 (1) Authority and Section 14 – powers relating to inquiries NI examined the root causes of land issues from human rights perspective MYR 1.27 million spent Duration taken – 18 months

Why A NI : DECIDING FACTORS? Nature of the issue (human rights) Capacity of the Commission How realistic/ effective? Whether the Commission is an appropriate organisation?

SOME QUESTIONS TO ASK Who are the important stakeholders? Who are those that the Commission will need to engage with? What roles do the stakeholders play in the inquiry?

THE INQUIRY PROCESS INTRODUCTORY SESSION Information and submission from stakeholders. Researchers appointed. INTRODUCTORY SESSION

PUBLIC CONSULTATION Phase 2 : Various stakeholders involved including public witnesses (IPs), Government Agencis and NGOs SABAH PENINSULAR MALAYSIA SARAWAK

Phase 3 : PUBLIC INQUIRY To obtain statement and document evidenced from the public and stakeholders Peninsular Malaysia SABAH SARAWAK

REPORT OF THE NI INTO THE LAND RIGHTS OF IPs Phase 4 : Report based on facts presented during the NI Session Report circulated to the public REPORT OF THE NI INTO THE LAND RIGHTS OF IPs

SUHAKAM’S NI 6,500 witnesses during public consultations 892 statements (407 – Sabah; 198 Sarawak; 287 Peninsula) Public Hearing – 132 cases & 490 witnesses 57 public submissions received 18 months MYR 1.27 million

GENERAL FINDINGS & CATEGORIES OF ISSUES ADMINISTRATION PLANTATION Community Land Development Schemes COMMERCIAL DEVELOPMENT PROJECTS COMPENSATION Logging & Forest Reserve INTER AGENCY COORDINATION GAZETTING OF IP LANDS Inclusion of Indigenous Lands into national/states protected areas

SUHAKAM’S RECOMMENDATIONS Prevent Future Loss of NCR Land Remedy Land Loss Address Land Development Issues / Imbalances Recognise Indigenous Customary Rights to Land Address Land Administration Issues Recognise Land as Central to IPs Identity

THE REPORT & GOVERNMENT’S RESPONSE Report officially released on 5 August 2013 The Event was attended by Minister in the Prime Minister’s Department. Minister announced the setting up of a special Task Force. The Commission welcomes the Government’s effort in setting up the Task Force as an immediate and concrete response to the NI Report Minister’s assurance that the purpose of the Task Force is to fully consider the NI Report and its recommendations However, no timeline given/deadline.

CHALLENGES & LESSONS LEARNT Focused only on IP land issues. Time & manpower constraint. High cost. No special focus on gender. Lack of recognition by authorities. Lack of understanding on the concept of customary land of IPs

THE COMMISSION’s ACTIVITIES In furtherance to the NI, the Commission initiated several discussions on Business and Human Rights in 2012 Participants involved – Public listed companies, GLCs and Plantation and logging Industries

THE FOLLOWING CHALLENGES INDENTIFIED A. BUSINESS AND COMMUNITY RIGHTS Adverse effects of development and plantation activities carried out by the private businesses on land to which native customary rights are exerted. The IPs were dispossessed of the land, which resulted in the loss of their source of sustenance and livelihood. Business should uphold the principle of free, prior and informed consent before entering into any new development area where IPs are likely to be affected.

LACK OF AWARENESS Human rights awareness appears to be lacking in the business sectors. Many in the business circle give CSR their utmost attention. Many companies have developed programs that entail voluntary undertakings for the benefit of the wider community such as environmental preservation and sponsorship of students for higher education. Some business entities are even unaware of Corporate Social Responsibility (CSR). Suggestion: Business to integrate human rights principles into CSR practices. Suggestion: Business to develop policies to keep from perpetrating or facilitating human rights abuses.

C. WORKERS’ RIGHTS / LABOUR RIGHTS Business need to respect the rights of workers and treat workers in a humane manner, irrespective of origin, race, colour, religion, gender, physical ability and other characteristic of identity. Business must put in place policies and applicable grievances procedures to ensure workers’ rights are protected, including non-discrimination policies and anti-harassment code.

D. GOVERNMENT’S ROLE Suggestions:- To strengthen domestic legislation in respect of equality and non-discrimination, workers’ rights, environmental protections and compliance to international human rights treaties. To ensure business comply strictly with right- based policies. To introduce tax incentives, corporate grants and other monetary reliefs to offset the expense of putting human rights into practices. To penalise business for violating/abusing human rights.

E. SUHAKAM’s ACTION Malaysian businesses has access to plethora of information and policies on CSR but not human rights. As such, to minimise the risk of business sectors violating human rights, the Commission is working to encourage the development of code of best practice to enable businesses to map areas that require further attention and improvement.

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