SUHAKAM’s National Inquiry into the Land Rights of Indigenous Peoples:

Lessons Learnt?

The Human Rights Commission of Malaysia (SUHAKAM)

June 9-10 2014

Introduction to SUHAKAM

• SUHAKAM – Malaysia’s national human rights institution (NHRI) – established in 1999

• Powers, inter alia, to receive and investigate into complaints on alleged violations of human rights

• Powers of inquiry• to conduct hearings• To subpoena witnesses• To make findings and recommendations to the authorities

Background to SUHAKAM’s National Inquiry on the Land Rights of Indigenous Peoples

Complaints and Memoranda from IP communities, mostly related to land rights and matters

Issues: encroachment, dispossession of land, inclusion of land into forest reserves or parks, overlapping claims, lack of consultation, etc

National Inquiry

A need to tackle the issues in a systematic and comprehensive manner

UNRESOLVED

RESEARCHERS APPOINTED

INTRODUCTORY SESSIONS HELD IN

SABAH, SARAWAK & PENINSULAR MALAYSIA

CONSULTATIONS HELD WITH GOVERNMENT

AGENCIES, NGOs, IPs, PRIVATE SECTOR, MEDIA

(6500 witnesses: 892 statements recorded)

PUBLIC SUBMISSIONS

PUBLIC HEARINGS IN ALL REGIONS

(132 cases selected)

REPORT

Focus of the NI

• Focus was on land issues affecting the indigenous communities as a whole

• No specific focus on gender or land issues affecting indigenous women, nor were questions directed in that direction

• Of the 892 statements recorded, only 8 were given by women• Possible reasons?

– No women heads of communities– rules and guidelines do not permit appointment of women as heads– Little or limited knowledge of land issues– Illiteracy

Some Findings from the NI

• However as land is central to lives of IP – impact on the economic, social and cultural lives of the IP.

• For instance: encroachment, loss of land, whether through development or inclusion into state parks or forests, and logging activities – – Loss of land ownership and rights; resettlement– affect livelihood, traditional way of life, – restrict activities, destroy source of sustenance– Pollution of rivers – affects water supplies for consumption

and cause skin problems– Destruction of sacred sites, grave yards

• Development projects – on participatory basis - no transmission upon death – impact on the family of the deceased, especially if project on customary land

• Commercial or development projects – Lack of consultation not only with the communities but with women

• The above issues and problems affect the communities

• By extension affect indigenous women? Perhaps even more?– Close relationship with the land, primary food

providers and custodian of language, culture and knowledge

– Access to, use of and control over land and other resources – essential in ensuring their equality

– Lack of consultation

Recommendations

NHRIs• complaints mechanism to

identify key and emerging issues on women’s access to land property

• A national inquiry focusing on the issue can assist in research and fill in the gaps – Can create public awareness

of the issues– Can empower and mobilise

indigenous women

UNDP• Creating and promoting

awareness of issues among indigenous women

• Support for research – also useful for NI

• Mobilising indigenous women to come forward with their issues and concerns