New projects must not encroach on native land
IN conjunction with the International Day of the World's Indigenous Peoples that was marked on Aug 9, Sahabat Alam Malaysia (SAM) would like to call on the federal and state governments to ensure that indigenous customary territories in the country are not included in any carbon-offsetting projects without the free, prior and informed consent of impacted communities.
Central to this call is the principle that state governments and carbonoffsetting project proponents must not unilaterally determine the boundaries or size of indigenous customary territories, especially before it has been conclusively determined whether project areas overlap with community territories.
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The Star
7 days ago
- The Star
New projects must not encroach on native land
Saying no: Three native communities – Logan Entasan, Logan Kompeni and Sungai Brit A in Sarawak – protested the encroachment of the carbon-offsetting project on their land earlier this year. — Handout IN conjunction with the International Day of the World's Indigenous Peoples that was marked on Aug 9, Sahabat Alam Malaysia (SAM) would like to call on the federal and state governments to ensure that indigenous customary territories in the country are not included in any carbon-offsetting projects without the free, prior and informed consent of impacted communities. Central to this call is the principle that state governments and carbonoffsetting project proponents must not unilaterally determine the boundaries or size of indigenous customary territories, especially before it has been conclusively determined whether project areas overlap with community territories.
The Star
11-08-2025
- The Star
Urgent action needed to protect indigenous land rights in Malaysia
AS THE world commemorates the 2025 International Day of the World's Indigenous Peoples on Aug 9, the Human Rights Commission of Malaysia (Suhakam) joins the global community in reaffirming our commitment to protect the rights, dignity and heritage of Indigenous communities in Malaysia. This year's theme, 'Indigenous Peoples and AI: Defending Rights, Shaping Future,' reminds us that while technology holds promise, it must not deepen existing inequalities. Land - The soul of indigenous identity For Malaysia's Indigenous Peoples, the Orang Asli in Peninsular Malaysia and the natives of Sabah and Sarawak, land is not merely a resource. It is the life of their culture, identity and survival. Yet, in 2025, land dispossession continues to uproot communities and erode centuries of heritage. Despite legal protection in our Constitution, statutory provisions, and Malaysia's endorsement of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Indigenous communities continue to struggle for the recognition and protection of their customary territories. Article 26 of UNDRIP affirms that Indigenous Peoples have the right to the lands, territories, and resources which they have traditionally owned, occupied or otherwise used or acquired. Article 27 further obligates states to establish impartial and transparent mechanisms for recognition and adjudication of Indigenous land claims, consistent with their customs, traditions and land tenure systems. Yet, implementation remains sorely lacking. From inquiry to action The 2013 National Inquiry into the Land Rights of Indigenous Peoples, conducted by Suhakam, laid bare these injustices. Over 6,500 Indigenous individuals gave testimony through public consultations across 23 districts, 892 recorded statements and 57 submissions from indigenous organisations, government agencies, and civil society groups. The Inquiry gathered issues revolving around land encroachments, forced evictions, and a troubling absence of free, prior and informed consent (FPIC) in developments affecting their lands. Eleven years on, the root problems persist. Without secure land, Indigenous communities lose access to forests, rivers, food, and spiritual spaces. The impacts extend beyond physical displacement, causing cultural loss, food insecurity, and disempowerment. Among the Inquiry's 18 recommendations were recognition of customary rights to land, establishing grievance mechanisms, mandating FPIC, and creating an independent National Commission on Indigenous Peoples. As of today, much of the report's spirit remains unfulfilled. Legal and policy gaps still persist Malaysia's legal framework, including the Aboriginal Peoples Act 1954 and the land codes in Sabah and Sarawak, does not adequately recognise Indigenous native customary land rights (NCR). Key concepts such as pemakai menoa, pulau galau and kawasan rayau remain unrecognised and uncodified in law. Despite favourable court decisions like Nor Nyawai, Sagong Tasi and Adong Kuwau, affirming recognition of NCR, the failure to integrate these rulings into administrative procedures has perpetuated legal uncertainty. Institutional gaps Institutions tasked with safeguarding the well-being of the Orang Asli, notably the Department of Orang Asli Development (JAKOA), are under-resourced, lack transparency, and have poor coordination between federal and state authorities. Indigenous land claims are frequently delayed, mishandled, or ignored altogether. Ignoring consent, ignoring rights One of the most significant findings of the inquiry was the widespread violation of the right to Free, Prior and Informed Consent (FPIC). Development projects, from plantations and logging to infrastructure expansion, have frequently proceeded without meaningful consultation or community consent. This undermines Indigenous Peoples' right to self-determination and violates Malaysia's commitment under international law, including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which mandates the FPIC of indigenous peoples for any project affecting their territories. The consequences are devastating: environmental degradation, cultural erasure, and forced displacement. AI to empower, not to erase The denial of land rights has cascading impacts on the right to food, housing, and self-determination. Without land, Indigenous communities lose access to forests, rivers, and resources that are vital for their survival. Climate change, deforestation, and commercial encroachments are further threatening traditional food systems and eroding traditional knowledge, passed down through generations. As Malaysia embraces digitalisation, it is critical that these technologies are not used to further exclude Indigenous Peoples' voices or erase ancestral claims. AI-driven land mapping, and automation in land registries must be designed inclusively, respecting traditional knowledge and community participation. Technology must be harnessed to empower Indigenous communities, to document their histories, protect sacred sites, improve participatory land governance, and preserve culture and languages. A call to action Over a decade ago, Suhakam released the National Inquiry Report, and its findings remain as relevant and urgent as ever. Despite the Government's formal acceptance of 17 out of 18 recommendations, progress has been slow and fragmented, reflecting a wider lack of political will to place Indigenous rights at the forefront of national priorities. In commemorating this year's International Indigenous Peoples Day, Suhakam renews its call for the Government to: - Develop and implement a comprehensive National Action Plan on Indigenous Rights and enshrine constitutional recognition to safeguard the dignity, identity, and rights of the Indigenous Peoples; - Establish an Independent National Commission on Indigenous Peoples, as recommended under Recommendation 18 of the National Inquiry, with a mandate to advise on legislation, monitor development, and represent the voices of Indigenous communities; - Amend Article 153 of the Federal Constitution to explicitly recognise the Orang Asli as equal beneficiaries of constitutional protections and affirmative action measures alongside the Malays and the Natives of Sabah and Sarawak; and - Harmonise Federal and State-level laws and policies, especially regarding the gazettement and legal protection of ancestral and Indigenous customary lands. The protection of Indigenous land rights is not a matter of policy convenience; it is a question of justice, dignity, and survival. Governments have a moral and legal duty to safeguard the lands, resources, and cultures of Indigenous Peoples, in accordance with international human rights standards. As UNDRIP's Article 8(2) affirms: States must prevent and redress any actions that aim to dispossess Indigenous Peoples of their lands, territories, or resources. The time for action is now, before more of what is irreplaceable is lost forever. PAREMESWARI SUBRAMANIAM Principal Assistant Secretary, Policy Division, Suhakam
The Star
10-08-2025
- The Star
AU urges inclusive policy-making, fair resource-sharing to empower Africa's indigenous communities
ADDIS ABABA, Aug. 10 (Xinhua) -- African Union (AU) Commission Chairperson Mahmoud Ali Youssouf has emphasized the need to promote inclusive policy-making and equitable resource-sharing mechanisms to empower Africa's indigenous communities. Youssouf made the call in a statement issued Saturday in observance of the International Day of the World's Indigenous Peoples, which falls on Aug. 9 each year. The day aims to raise awareness about the rights of indigenous populations worldwide and to acknowledge their contributions to pressing global issues. Highlighting the essential significance of recognizing the rich heritage, knowledge systems, and resilience of indigenous communities across Africa and beyond, he underscored the vital role they play in preserving cultural diversity, protecting the environment, and fostering sustainable development in alignment with the AU's 50-year continental development blueprint, Agenda 2063. The chairperson called on AU members, partners, and all stakeholders to work together through inclusive policy-making, equitable resource-sharing, and respect for traditional knowledge systems. He also stressed the crucial importance of ensuring that "indigenous voices are heard, their rights upheld, and their contributions fully valued in building a more inclusive, just, and sustainable Africa for all." Youssouf emphasized the 55-member continental organization's resolve to promote and safeguard the rights of indigenous peoples, as enshrined in the African Charter on Human and Peoples' Rights and other continental instruments. He urged African countries to enhance measures aimed at protecting the rights of indigenous peoples and to reaffirm their commitment to the United Nations Declaration on the Rights of Indigenous Peoples, which serves as a global normative framework that complements AU instruments. According to the UN, there are approximately 476 million indigenous people worldwide, residing in 90 countries and speaking a significant majority of the world's estimated 7,000 languages, while also representing around 5,000 distinct cultures. Despite their rich cultural diversity, indigenous peoples face common challenges in safeguarding their rights as distinct communities.
