CASE STUDY
National Human Rights Commission of Malaysia:
National inquiry into human rights and indigenous land
Since its inception, the Human Rights Commission of Malaysia (SUHAKAM)
has received numerous complaints and memoranda from indigenous
communities alleging that their customary rights to land have been violated by
various actors, including the Government and private land concessionaires.
During most of the period between 2006 and 2011, land right issues topped
the annual list of complaints received by SUHAKAM.
Realising that the overwhelming and systemic native land issues in Malaysia
cannot be effectively dealt with by way of piecemeal approaches, SUHAKAM
decided in 2011 to conduct its first national inquiry to address the land rights
of indigenous peoples in Malaysia.
In summary, the terms of reference of the national inquiry were:
i. to ascertain the extent to which the existing Malaysian constitutional,
legal, administrative and political provisions/positions recognise
indigenous peoples’ land rights and their effectiveness in promoting
and protecting native land rights
ii. to identify the constraints that impede the full enjoyment of indigenous peoples’ right to
land and their spillover effect on the enjoyment to other rights
iii. to promote awareness and understanding of indigenous peoples’ land rights and way of
life, and
iv. based on the facts and findings of the national inquiry, to recommend, inter alia:
a. the review of domestic land laws and policies in order to address the persisting native
land dilemma in Malaysia and ensure their respect towards human rights, and
b. the formulation of strategies and a plan of action in which indigenous peoples’ land
rights are integral to the general promotion and protection of human rights.
The national inquiry sought wide public participation from the beginning of the process,
including the involvement of indigenous communities, the Government, NGOs, academics and
other experts in the field.
Early in the national inquiry, a series of introductory sessions and intensified engagements with
the media were conducted to create public awareness about the intention and objectives of
SUHAKAM’s national inquiry. The ensuing public consultations and call for public submissions
received an overwhelming response, with a total of 892 statements being recorded from
indigenous peoples. The statements covered a wide range of issues, including allegations of
delay in processing of native land titles; encroachment by logging, plantation and commercial
development projects; problems with indigenous land development schemes; and inclusion
of native land into forest reserves and other national or state-protected areas. From the total
statements received, 132 cases were selected – on the basis that valid supporting documents
were made available during the consultations and submissions – to be examined further during
the public hearings before a three-member panel of SUHAKAM Commissioners. Apart from
the indigenous witnesses, relevant government officials, private concessionaire personnel and
experts on native land studies were called before the panel to give evidence in connection to
each case. A literature review was also conducted on the background of the indigenous peoples
of Malaysia, as well as existing domestic laws and international standards with respect to the
indigenous peoples’ land rights.
The report of SUHAKAM’s national inquiry was released on 5 August 2013. It contained extensive
analysis of the information and data gathered through the national inquiry process. Based on its
findings, the national inquiry made major recommendations to address the following areas:
• recognising indigenous customary right to land
• recognising native land as integral to the identity of indigenous peoples
• providing remedies for the loss of native land
• overcoming land development imbalances
• preventing future loss of native land
• addressing land administration issues.
In response, the Malaysian Government established a national task force and is currently
assessing the findings and recommendations of the national inquiry report.