KOTA KINABALU: Malaysian Human Rights Commission (Suhakam) in its meetings with the government departments in Sabah last year, had offered six recommendations on Communal Titles (CTs) issues and two recommendations on issues related to forest reserves.
A number of meetings were held at the invitation of government departments to discuss issues of common concern. Such focused dialogues have been especially helpful to the commission in understanding the perspective of the government departments on complaints received from the public.
“At the same time, the meetings allow the commission an opportunity to present the essence of such complaints from a human rights perspective. The Commission is committed to continuing such dialogues as part of its mandated function to advise the Government and to bring about amicable solutions to problems.
“On January 11, the director of the Sabah Lands and Surveys Department explained the objectives and process of issuing CTs to a number of stakeholders. The fast-tracked issuance of CTs is a new directive from the State Government, aimed at poverty alleviation among indigenous peoples (IPs) and to ensure land security by prohibiting the sale of land. Questions raised during the session were related mainly to the joint-venture approach for CTs and the status of NCR to land under the CTs,” said Suhakam in its 2012 report which was tabled in parliament on March 26 this year.
Without prejudicing the findings of the report of the National Inquiry (NI), due in 2012, the commission offered adequate time should be allocated for dialogues with affected communities prior to the issuance of CTs, not just one discussion with community leaders and another with communities.
Under the offers on CTs issues, Suhakam also recommended the Sabah Lands and Surveys Department should prepare written materials to address key concerns of communities about the CTs, and ensure these are disseminated as widely as possible.
“A clear collective decision-making process and mechanism should be outlined to determine whether indigenous communities agree to NCR land falling within the CTs.
“Affected communities should be given options to develop the land under CTs, including a realistic calculation of benefits and dividends to be paid to beneficiaries as a result of the joint venture,” it said.
The other recommendations were the special conditions attached (now in fine print at the end of every CT) should be reviewed in consultation with the affected communities and to prevent conflicts of interest and misunderstanding, there should be separation of the decision-making process to approve CTs and to develop land under the CTs; currently the Sabah Lands and Surveys Department is heavily involved in both.
Meanwhile, according to the annual report, the director and officers of the Sabah Forestry Department met the resident commissioner, Jannie Lasimbang, and two NGO representatives on March 31 to discuss issues relating to land and the NI.
Without prejudicing the outcomes of the NI Report, the commission made two recommendations for the State government’s consideration.
First, the Forestry Department should undertake a settlement exercise involving land claimed by natives and found within forest reserves, and to identify possible resolution of conflicts that recognises IPs’ rights.
Second, the police should take a neutral stand during conflicts, and play their role to maintain peace and security.