Suhakam is urgently calling upon the government to develop and implement a comprehensive national action plan, alongside explicit constitutional recognition, to safeguard the rights of the Indigenous peoples.
These communities have for decades endured systemic neglect, marginalisation and violations of their fundamental rights, particularly concerning land, identity and socioeconomic inclusion.
As a core recommendation, Suhakam reiterates its calls for the establishment of an independent national commission on Indigenous peoples, in line with recommendation 18 of the National Inquiry into the Land Rights of Indigenous Peoples.
This proposed commission must be empowered to advise the government on laws and policies relating to Indigenous people.
In addition, this commission, as recommended, must propose and monitor sustainable development programmes on Indigenous people’s land, promote participation of Indigenous peoples at all levels; and conduct research on issues related to the wellbeing of Indigenous peoples.
The commission must be composed predominantly of representatives from Indigenous communities, selected through transparent consultation and with the endorsement of Indigenous people across Malaysia. This will ensure that the commission reflects the voices and aspirations of the communities it is meant to serve and affirms the principle of self-determination.
Simultaneously, Suhakam reiterates the urgent need for a comprehensive and independent review of the Aboriginal Peoples Act 1954 and the Orang Asli Development Department (Jakoa), as outlined in recommendation 14 of the national inquiry, transforming Jakoa into a rights-based institution that can provide effective support and protection to the Orang Asli.
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As the primary federal agency addressing Orang Asli affairs, Jakoa must be reformed to respond to contemporary human rights needs and not merely to deliver welfare.
As part of the broader constitutional reform agenda, Suhakam calls for the amendment of Article 153 of the Federal Constitution to explicitly recognise the Orang Asli as being entitled to the same constitutional safeguards and affirmative action measures afforded to other Indigenous communities in Malaysia, that is to say, the Malays and the Natives of Sabah and Sarawak.
This recognition is vital in ensuring that the rights, identities and entitlements of the Orang Asli are no longer subject to administrative ambiguity or exclusion.
Despite the government’s acceptance of 17 out of 18 recommendations of Suhakam’s landmark national inquiry, implementation has remained slow and fragmented.
Suhakam, therefore, calls for the immediate revival of the special cabinet committee on indigenous rights, with specific timelines for implementation, progress monitoring and periodic public reporting.
Suhakam also highlights the critical need to harmonise federal and state policies, especially regarding the gazetting and legal protection of ancestral and customary lands. The lack of harmonisation of policies has placed Indigenous communities in precarious conditions, with frequent reports of displacements, loss of livelihoods, and prolonged disputes.
The federal and state governments, as custodians of the Indigenous peoples’ lands and natural resources, have a solemn responsibility to ensure that the Indigenous peoples have their land rights protected through clear, consistent, and enforceable policies.
This obligation is consistent with Article 8(2) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which calls on member states to prevent and provide redress for actions aimed at dispossessing Indigenous peoples of their lands, territories or resources.
The government of Malaysia must act as the guardian of the Indigenous peoples by aligning national laws with international human rights instruments, including the UNDRIP and the International Labour Organization Convention No 169, both of which affirm the right of Indigenous peoples to free, prior and informed consent, and the preservation of their cultures, lands and institutions.
Finally, Suhakam insists that any legislation, policy or programme undertaken must include the direct and meaningful participation of Indigenous communities and civil society actors. Without their inputs, any reforms initiated risk being ineffective or rejected by the very communities they are intended to serve.
Suhakam remains committed to engaging with all relevant stakeholders to advance the recommendations of the national inquiry and to ensure the protection and promotion of the rights of the Indigenous peoples in Malaysia. – Suhakam
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
