Urgent action needed to protect indigenous land rights in Malaysia

The Star

3 days ago

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