A/HRC/25/10
130. The delegation responded to questions and comments raised in the preceding
interactive dialogue by reiterating that Orang Asli rights to land, beliefs, culture and nondiscrimination were clearly provided for by the Federal Constitution and the Aboriginal
People’s Act 1954.
131. The Government clarified that a task force comprising senior officials had been
established to review and formulate the necessary strategy regarding the issue of indigenous
peoples’ land rights, pursuant to the national inquiry into the land rights of indigenous
peoples in Malaysia undertaken by SUHAKAM.
132. The Government continued to hold consultations with State authorities, other
relevant agencies and indigenous groups on land issues. Progress had also been made in the
survey and gazetting exercise for Orang Asli land.
133. Currently, the Government along with UNDP and UNICEF was collaborating on a
study and review of the socioeconomic status of Orang Asli in peninsular Malaysia for the
formulation of an Orang Asli national development plan.
134. Sarawak State, with a large indigenous population comprising 27 ethnic groups, had
for nearly two centuries had laws which recognized and protected indigenous rights to land.
Official records confirm Sarawak has about 1.5 million hectares of native customary rights
(NCR) land. A survey to demarcate boundaries and guarantee security of tenure of NCR
land was ongoing under the Government Transformation Programme.
135. The current development agenda, involving the building of hydroelectric facilities,
necessitated the use of NCR land. Where rights to NCR land were affected, the State
Government and its utility company, Sarawak Energy Berhad: (a) adopted best
international practices in engagement and consultation with indigenous peoples, which
conformed with acceptable norms and standards, including principles embodied in the
United Nations Declaration on the Rights of Indigenous Peoples; and (b) provided affected
indigenous communities with a comprehensive compensation package, which assured them
an immediate and substantial improvement in living standards, better access to basic human
rights to education and health care, and better economic opportunities, whilst preserving
their cultural identities and traditions.
136. Implementation of the resettlement action plan and compensation package for those
affected by the Murum Hydro-electric Project exemplified a process that recognized the
rights and well-being of the indigenous people.
137. In recognizing the challenges facing indigenous communities in Malaysia, the
Government maintained that those communities must be afforded choice and be free to
decide whether they wished to join mainstream society or not.
138. Malaysia continued to recognize women as important human capital. As an
affirmative action, the Tenth Malaysia Plan (2011–2015) gave prominence to increasing
women’s participation in the labour force and decision-making positions, provision of
support in challenging circumstances and eliminating all forms of discrimination.
139. Steps taken to increase women’s participation in the labour force included incentives
for the establishment of childcare centres, extension of fully paid maternity leave,
employers’ double tax deduction to retrain and employ women after a career break and
enactment of the (Part-Time Employees) Regulation 2010.
140. Owing to the success of the “Policy of At Least 30% Women in Decision Making
Positions in the Public Sector”, a similar policy for the corporate sector had been introduced
in 2011. In addition, the Women Directors Programme had been implemented and the
Women Directors Registry established.
12
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