A/HRC/45/34/Add.3 out the procedures to be complied with in order to claim and obtain communal land titles. In practice, however, the process is complex, lengthy and costly. The Special Rapporteur has expressed concern about the lengthy procedural steps required for acquiring collective titles to indigenous lands, and has noted that these protracted titling processes jeopardize the effective protection of indigenous peoples’ lands from encroachment by outsiders. 18 Following a communication sent by the Special Rapporteur in 2017 on the forced relocation of an indigenous community due to the operationalization of a dam in Stung Treng Province,19 the Government of Cambodia subsequently allowed the community to register the non-flooded area as indigenous communal land. That registration is reportedly being processed. In April 2019, the Ministry of Land Management, Urban Planning and Construction publicly acknowledged the need to assess the current communal and titling process and identify “areas for simplification”. 18. In Malaysia, customary law is recognized as a basis for granting land rights in Sabah and Sarawak.20 However, the Government tends to promote individual titles over communal titles, enabling the expansion of large-scale commercial monocrop agricultural activities on native lands, notably for palm oil plantations. As an example of a good practice, the national human rights commission21 launched a national inquiry after receiving over 1,100 complaints of indigenous land rights violations. The report on that inquiry, which was published in 2013, contained recommendations based on the United Nations Declaration on the Rights of Indigenous Peoples, including the need to obtain the free, prior and informed consent of affected communities in order to improve the current status of land rights for indigenous peoples in Malaysia.22 Although a task force was established by the Government to study the report and a Cabinet-level committee was set up in 2015 to monitor implementation, progress has been slow. 19. Similarly, in 2014 the national human rights commission of Indonesia23 conducted a national inquiry into alleged violations of indigenous peoples’ land rights. In the Philippines, a national inquiry into the situation of indigenous peoples, including their ancestral lands, was carried out by the Commission on Human Rights in 2017. 20. During her country visit to Timor-Leste in 2019, the Special Rapporteur observed that the Constitution recognized traditional norms and customs related to land ownership and management. The Government is registering lands as a means to address the complex land issues deriving from colonialism and occupation. It is worrying, however, that few communal titles have been awarded to date and that the lack of knowledge among the Timorese population about the land registration process has the potential for causing further conflicts over lands and resources. The Special Rapporteur recommended that the legal framework ensure respect for and recognition of customary land systems and traditional practices governing lands and resources. She stressed the need to guarantee equal treatment of individual and community land claims, the rights of women to own property and due consideration to be given to the needs of the elderly, widows and persons with disabilities.24 21. In Myanmar, a national land use policy recognizing the customary rights and land tenure practices of ethnic nationalities was adopted by Parliament in 2016. The policy is expected to form the basis for the development of related legislation. However, in 2018 the Vacant, Fallow and Virgin Lands Management Law of 2012 was amended to require anyone occupying or using “vacant, fallow or virgin land” to apply for a permit to use the land for 30 years or face eviction, a fine and up to two years of imprisonment. In January 2019, the Special Rapporteur, jointly with other United Nations experts, addressed concerns to the Government of Myanmar that the amended law might be used to illegally dispossess land users of their land without due process or adequate notice, undermine their human rights and have a disproportionate impact on rural poor ethnic nationalities and indigenous peoples. 25 18 19 20 21 22 23 24 25 6 KHM 6/2017. KHM 2/2017. A/74/149, para. 56. See www.suhakam.org.my/. Asia Indigenous Peoples Pact, Status of Indigenous Peoples’ Lands, Territories and Resources in Asia, p. 26. See www.komnasham.go.id/. A/HRC/42/37/Add.2, paras. 39–47 and 85–87. MMR 5/2018.