By Dev Kumar Sunuwar (Koĩts-Sunuwar, CS Workers)
Malaysia’s human rights file underwent scrutiny on January 25, 2024, on the forty fifth session of the Common Periodic Overview (UPR) Working Group of the Human Rights Council. This was the fourth time Malaysia had undergone evaluation below this mechanism, by which UN member States consider the human rights data of their counterparts utilizing information from the State below overview, often known as the “nationwide report,” and information from reviews by unbiased human rights consultants and teams, nationwide human rights establishments, regional organizations, and civil society organizations.
In the course of the overview, 130 international locations provided their assessments and suggestions to Malaysia throughout numerous human rights classes. A complete of 348 suggestions have been made, with 15 states particularly urging Malaysia to stick to human rights requirements associated to Indigenous Peoples. Following the overview, on February 2, 2024, the Troika–the three international locations main the overview course of for every UPR cycle–comprising Eritrea, Vietnam, and Argentina formally endorsed the suggestions made by the UN member states.
Indigenous Peoples in Malaysia have lengthy confronted challenges in defending their rights and methods of life. They’re usually marginalized and discriminated towards, simply as their conventional lands are more and more below menace from growth initiatives. The UPR supplied an vital platform for these issues to be heard and for Malaysia to be held accountable for its obligations below worldwide human rights legislation.
One of many key suggestions made by Colombia, Mexico, Sierra Leone, and the Plurinational State of Bolivia was urging Malaysia to ratify the Indigenous and Tribal Peoples Conference of 1989 (No. 169). Colombia known as for “ratification of the Indigenous and Tribal Peoples Conference (No. 169),” whereas Mexico additionally urged Malaysia to ratify the 1989 Conference and to strengthen authorized frameworks to guard land rights.” Sierra Leone echoed these sentiments, emphasizing “guaranteeing indigenous rights by way of Conference 169 ratification.” Bolivia additional inspired Malaysia to “take into account” formally adopting the Conference (No. 169). Conference No. 169 is a landmark treaty establishing minimal requirements for safeguarding Indigenous Peoples’ rights to land, assets, self-determination, and cultural heritage. Regardless of its various Indigenous Peoples, Malaysia has not but ratified this treaty. There are numerous teams of Indigenous Peoples in Malaysia. The Orang Asli, or aboriginal folks, are the Indigenous Peoples of Peninsular Malaysia; the Dayaks and/or Orang Ulu, or “natives,” are the Indigenous Peoples of Sarawak; and the “natives” or Anak Negeri are the Indigenous Peoples of Sabah. They’re collectively often known as Orang Asal with over 100 completely different ethnic and sub-ethnic teams. Indigenous Peoples in Malaysia make up 11 p.c of the whole inhabitants of the nation, which is 32.7 million.
Nations additionally raised many different issues about human rights in Malaysia, past merely adopting treaties and insurance policies. Norway highlighted cases the place growth initiatives threatened conventional territories, urging Malaysia to “defend and uphold the human rights of Indigenous Peoples, particularly their rights to land and assets, in addition to the safety of their cultural heritage.” Uzbekistan made related appeals, highlighting the necessity for stronger authorized frameworks to guard Indigenous land rights.
A stakeholder report put collectively by Cultural Survival, Jaringan Orang Asal Semalayasia (JOAS), PACOS TRUST, and MOPOT-Moningolig Pogun Tokou raised issues like these. It confirmed how aggressive logging, rubber plantations, and the creation of nationwide parks and guarded areas have put Indigenous Peoples at risk, usually with out their Free, Prior, and Knowledgeable Consent (FPIC) or compensation. Typically, Native communities are unaware of their customary land being included in a reserve till the authorities and logging firms come to log the realm.
In the course of the overview, Colombia and Luxembourg each emphasised the significance of making use of FPIC in issues in regards to the lands and livelihoods of Indigenous Peoples. Colombia urged Malaysia “to use the precept of FPIC to points associated to the lands and livelihoods of Indigenous Peoples.” Luxembourg echoes the significance of FPIC in regards to the land and livelihoods of Indigenous Peoples and urges Malaysia to “combine and apply the precept of FPIC to raised defend the land rights of Indigenous Peoples.” The FPIC precept ensures that Indigenous Peoples have a say in selections that have an effect on them, and their consent should be obtained earlier than any growth initiatives or insurance policies are carried out on their conventional lands and territories.
Likewise, the inequalities confronted by Indigenous Peoples in areas akin to well being, training, and well-being have been additionally among the many prime priorities of dialogue. New Zealand advisable that Malaysia “proceed its work to handle the disparities that disproportionately have an effect on Indigenous Peoples, particularly within the areas of well being, well-being, and training, and proceed efforts to protect Indigenous cultural identities.” The cultural identification, heritage, and rights of Malaysia’s Indigenous Peoples to observe their non secular religion are at risk on account of the federal government’s assimilation program, in keeping with stakeholders’ reviews. Brazil, on this word, urged Malaysia ‘to implement public insurance policies to guard indigenous cultural identification, fulfill human rights, and guarantee correct entry to primary wants.”
Malaysia voted in favor of adopting the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2007. Nonetheless, Indigenous Peoples, collectively often known as Orang Asal, with over 100 completely different ethnic and sub-ethnic teams throughout Malaysia, expertise an array of rights violations, together with a scarcity of recognition of their ancestral and customary lands. Indigenous Peoples in Malaysia additionally face limitations to their self-government, autonomy, or self-determination to affect insurance policies and decision-making. On this regard, Paraguay known as on Malaysia to “undertake measures to guard and respect the identification and self-determination of indigenous peoples.”
In the course of the session, suggestions have been additionally made to the Malaysian authorities urging it to enhance the safety and promotion of the rights of Indigenous communities in areas like healthcare, training, and cultural heritage. The Russian Federation known as on Malaysia to “proceed to take steps to guard and promote the rights of indigenous communities,” highlighting the necessity for additional motion. The Maldives echoed this sentiment, urging Malaysia to “construct on present efforts to enhance entry to high quality healthcare and training for indigenous communities.” Moreover, The Gambia advisable “enhancing the safety of minority rights, together with Indigenous Peoples, ethnic, and non secular minorities, guaranteeing equal alternatives, and preserving cultural heritage.” Cabo Verde additionally made a broader suggestion, calling on Malaysia to “decide to creating situations for entry to primary public companies and employment for weak teams of the inhabitants, particularly, indigenous teams and migrants.”
The Malaysian delegation, below the management of Dato’ Bala Chandran Tharman, Deputy Secretary-Basic (Multilateral Affairs), acknowledged the suggestions and described the federal government’s ongoing efforts to handle the raised issues. Responding to issues, representatives from Malaysia’s Ministry of Rural and Regional Growth acknowledged ongoing efforts and stakeholder engagement in making a complete Indigenous growth coverage. “In selling the land rights of Aboriginal communities in Peninsula Malaysia, the federal authorities and state authorities are collaborating to gazette the Aboriginal areas and reserves, and numerous applications are being launched, together with infrastructure growth, the creation of villages, the regrouping of conventional villages, and structured settlements,” said the Malaysian delegation. Malaysia will now analyze these suggestions and supply its responses earlier than the 56th session of the Human Rights Council, scheduled for June-July 2024.
