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

2. 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

3. 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

5. 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?

6. 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?

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

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

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

10. 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

11. 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

12. 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

13. 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

14. 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.

15. 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

16. 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

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. THANK YOU