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Joint Statement on the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment and ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development

KUALA LUMPUR (20 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) and the Malaysian Representative to the ASEAN Intergovernmental Commission on Human Rights (AICHR) and current AICHR Chair, H. E. Edmund Bon Tai Soon, jointly welcome the adoption of two historic instruments at the 47th ASEAN Summit in Kuala Lumpur, namely the ASEAN Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment and ASEAN Declaration on Promoting the Right to Development and the Right to Peace Towards Realising Inclusive and Sustainable Development.

These declarations reflect milestone commitments by ASEAN Member States to address pressing regional challenges, from environmental degradation and climate change to inequality and unsustainable development through a human rights-based lens and approach.

We emphasise the critical importance of both substantive and procedural elements of the right to a safe, clean, healthy and sustainable environment: safe climate, clean air, healthy ecosystems and biodiversity, safe and sufficient water, healthy and sustainable food, non-toxic environment, meaningful access to information, effective public participation, and access to remedies and justice. They are essential pillars towards realising the right to a safe, clean, healthy and sustainable environment. Further, the human right to development demands that all facets of the right – economic, social, cultural and political – are protected and enhanced together in an integrated fashion. We further underscore the uniqueness of the Declarations which call for greater corporate responsibility and accountability, ensuring that non-State actors and businesses prevent, cease, reduce, mitigate, and address negative impacts and harm to the environment.

We stress that environmental degradation threatens not only ecosystems but also human health, peoples’ welfare and security, and social stability. For this reason, States must strengthen their legal and institutional frameworks to fully operationalise the rights in the Declarations while aligning domestic policies with the regional commitments enshrined in the Declarations.

SUHAKAM has consistently advocated for including the right to a clean, healthy, and sustainable environment under Article 5(1) of the Federal Constitution. SUHAKAM further recommends that the upcoming National Climate Change Bill (RUUPIN) fully incorporates the key elements and principles of the Declarations.

To move these commitments forward, SUHAKAM and AICHR Malaysia strongly encourage all ASEAN Member States to:

  1. Institutionalise the key elements and principles of the Declarations into national legal frameworks, including through constitutional recognition and law reform.
  2. Ensure that future climate and environmental legislation, such as the RUUPIN, adopt a rights-based approach grounded in access to remedies and justice, transparency, participation, and accountability.
  3. Strengthen institutional capacity and mechanisms to guarantee meaningful access to information, effective public participation, and access to remedies and justice particularly in environmental and development matters emphasising greater protection for groups in vulnerable and marginalised situations such as Indigenous Peoples and environmental human rights defenders.
  4. Establish clear obligations for State and non-State actors, including businesses, to prevent, cease, reduce, mitigate, and address negative impacts and harm to the environment.
  5. Develop regional cross-sectoral and cross pillar cooperation to operationalise the Declarations in a participatory and inclusive manner, involving government agencies in charge of the environment, climate change and development matters, civil society, environmental human rights defenders, and affected local communities.
  6. Monitor and report progress on the realisation of the Declarations transparently and regularly, using publicly accessible mechanisms.
  7. Demonstrate strong political commitment at the highest levels to uphold the Declarations as instruments that shape policy, planning, and governance across ASEAN.

The adoption of these two ASEAN Declarations is a momentous achievement that offers genuine hope for a future in which human rights, environmental sustainability, development, and peace are mutually reinforcing.

As the incoming Chair of the South East Asia National Human Rights Institutions Forum (SEANF), SUHAKAM reaffirms its strong commitment to supporting regional human rights cooperation. In this capacity, both SUHAKAM and SEANF will work closely in support of AICHR’s work, promoting coordinated advocacy, capacity-building, and implementation efforts among SEANF member institutions to advance the principles of the two Declarations across Southeast Asia.

SUHAKAM and AICHR Malaysia stand ready to work in close partnership with governments, civil society, regional bodies, and communities to ensure that these Declarations are not merely symbolic, but are translated into meaningful, binding, bold and enforceable action. We urge all ASEAN Member States to honour their commitments and turn them into lived realities for the ASEAN peoples.

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Human Rights Commission of Malaysia (SUHAKAM)
ASEAN Intergovernmental Commission on Human Rights (AICHR Malaysia)
Date: 20 November 2025

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Media Statement No. 52-2025_ SUHAKAM Calls For Halt To Forced Evictions And Urges Respect For The Right To Housing In Selangor

KUALA LUMPUR (13 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern over the ongoing situation involving the residents of Kampung Jalan Papan, Pandamaran, Klang, Selangor, following allegations of forced evictions and demolition of homes to make way for development projects.

According to media and civil society reports, more than 30 houses including occupied homes were demolished, despite the reported instruction from the Office of the Selangor Chief Minister that no forced evictions or demolitions of occupied homes and premises should be carried out. If there has been inadequate consultation with affected residents, SUHAKAM advises the State Government to take immediate steps to ensure that a transparent and participatory consultation process is conducted. It was reported that many residents, who have lived in the area for decades and contributed to the social and economic life of the community, were not adequately consulted or provided with viable housing alternatives, leaving them uncertain about their future and without clarity regarding relocation or compensation arrangements.

SUHAKAM wishes to remind all authorities that the right to adequate housing is a fundamental human right, recognised under Article 25 of the Universal Declaration of Human Rights, Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Malaysia has expressed its commitment and further supported by principles in the Federal Constitution guaranteeing the right to life and dignity. Forced evictions, if found to be carried out without due process, consultation, or provision of alternative housing, are inconsistent with Malaysia’s international human rights obligations. Evictions must never render individuals or families homeless or vulnerable to further human rights violations.

SUHAKAM underscores that the Selangor State Government and its agencies have an obligation to ensure that any redevelopment project complies with human rights standards, including genuine consultation with affected residents prior to eviction, provision of adequate notice and transparent information about the development process, guarantees of security of tenure and fair compensation where displacement is unavoidable and availability of adequate alternative housing or relocation sites before any demolition or relocation is carried out.

While recognising the importance of urban development and housing improvement, SUHAKAM is of the view that development must not come at the expense of the rights and dignity of the people. The treatment of long-standing communities, such as Kampung Jalan Papan, reflects the nation’s commitment to inclusive and rights-based governance.

SUHAKAM therefore calls on:

i.          The Selangor State Government, the relevant state agencies, and developers to immediately halt any further evictions until a proper and transparent consultation process is undertaken with affected residents.

ii.         The State to provide immediate humanitarian assistance and temporary shelter for families affected by demolition.

iii.       Authorities to engage with residents in good faith to develop long-term resettlement or housing solutions that uphold the right to adequate housing; and

iv.        The State Government to review its housing and land development policies to prevent recurrence of forced evictions, ensuring that all future projects are carried out in line with human rights standards and due process.

SUHAKAM reiterates that progress and development must be pursued in a manner that respects human dignity, protects vulnerable communities, and upholds the rule of law. The right to adequate housing is not merely a policy choice but a legal and moral responsibility of the State.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 13 November 2025

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Media Statement No. 51-2025_ SUHAKAM Expresses Concern Over Alleged Ill-Treatment Of Children And Prosecution Outcomes in GISBH Case

KUALA LUMPUR (13 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern over recent prosecutorial developments linked to Global Ikhwan Services and Business Holdings (GISBH), which have raised serious public alarm regarding the protection of children’s rights in Malaysia.

SUHAKAM notes that more than 400 children, including infants, were rescued from homes operated by GISBH following coordinated enforcement actions in late 2024. Allegations of physical abuse, neglect, sexual violence, and economic exploitation constitute grave violations of the children’s fundamental rights and dignity.

SUHAKAM underscores that the failure of GISBH’s leadership and owners to safeguard the children under their care, and instead exposing them to exploitation and harm, represents a serious breach of both legal and moral obligations. Public concern has been further intensified by reports that certain GISBH leaders were released or faced lesser charges, despite hundreds of police reports alleging violence and ill-treatment of vulnerable children. These developments have prompted renewed calls for transparency and accountability from the Attorney-General’s Chambers (AGC).

As Malaysia is a State Party to the Convention on the Rights of the Child (CRC), SUHAKAM reminds that national laws must be fully enforced to protect children from all forms of violence, abuse, neglect, and exploitation, particularly offences under the Child Act 2001 and the Sexual Offences Against Children Act 2017. Decisions relating to the prosecution of such offences must prioritise justice, protection, and deterrence, and be guided at all times by the best interests of the child.

In light of these concerns, SUHAKAM calls on the AGC to provide a clear and public explanation of its prosecutorial decisions and to disclose details of the cases related to the alleged acts of sexual abuse, violence, and exploitation, in order to uphold public confidence in the administration of justice. Where prosecutions have commenced, complainants and the affected children must be kept informed of the progress and next steps.

The Ministry of Women, Family and Community Development (KPWKM) and the Department of Social Welfare (JKM) must urgently review and strengthen the regulation and monitoring of all welfare and faith-based homes. Enforcement agencies must also ensure that investigations are conducted promptly, professionally, and with due sensitivity to child victims. Private children’s homes must be properly regulated and held accountable to care and protection standards.

With Malaysia due for review before the UN Committee on the Rights of the Child next year, this is an important opportunity for the Government to demonstrate meaningful commitment to upholding children’s rights through accountability, enforcement, and the effective prosecution of crimes against children.

To ensure systemic accountability and reform, SUHAKAM reiterates its call for the establishment of a Royal Commission of Inquiry (RCI) to investigate the alleged abuses and examine the governance of welfare institutions entrusted with the care of children. SUHAKAM further urges all relevant authorities to ensure that all rescued children, including those who have been reintegrated or returned to their families, are continuously monitored and provided with psychosocial support, safe accommodation, and access to justice, in line with Malaysia’s international human rights obligations. Such measures are essential to guarantee the sustained safety, recovery, and overall well-being of every child.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 13 November 2025

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Media Statement No. 50-2025_SUHAKAM Welcomes High Court Decision on the Enforced Disappearance Cases of Pastor Raymond Koh and Amri Che Mat

KUALA LUMPUR (8 NOVEMBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) welcomes the recent decisions of the High Court of Kuala Lumpur, delivered by Judge of the High Court Kuala Lumpur, YA Dato’ Su Tiang Joo, holding the Government and police accountable in the enforced disappearance cases of Pastor Raymond Koh and Amri Che Mat. The rulings mark a significant milestone in recognising state responsibility for such serious human rights violations, thereby affirming key principles of justice, accountability and the rule of law.

SUHAKAM notes with appreciation that in Pastor Koh’s case, the Court ordered the government to pay RM10,000 per day from 13 February 2017 until he is found, in addition to general and aggravated damages. In the case of Amri Che Mat, the Court similarly found state liability, ordered compensation, and directed the reopening of investigations. These decisions are consistent with SUHAKAM’s 2019 Public Inquiry findings, which concluded that both men were victims of enforced disappearances.

SUHAKAM is of the view that the Court’s directive to reopen investigations, reassign implicated officers from their investigative duties, and provide regular updates to the Attorney-General’s Chambers is a positive and essential move. We reiterate that effective remedial action requires thorough, independent, transparent and timely investigations. These must lead not only to accountability but also to the prevention of recurrence.

While we recognise that no financial award can restore the loss suffered by the families of Pastor Koh and Amri Che Mat, these rulings provide important acknowledgment of the harm endured and send a strong signal that enforced disappearance will not go unchallenged. SUHAKAM wishes to emphasise the urgent need for structural reform, including the establishment of a national preventive mechanism dedicated to addressing enforced disappearances, as previously recommended.

Whilst we welcome the High Court judgment, SUHAKAM urges that the disappearances of Joshua Hilmy and Ruth Sitepu that took place since they were last seen on 30 November 2016 must not be forgotten. Occurring around the same period as the enforced disappearances of Pastor Raymond Koh and Amri Che Mat, their cases were also the subject of a Public Inquiry conducted by SUHAKAM which revealed serious failures by the authorities to act with the urgency, diligence, and professionalism. SUHAKAM further recalls the findings of this 2022 Public Inquiry chaired by Dato’ Seri Hishamudin Yunus, which concluded that the couple were abducted by persons unknown and that the police’s serious investigative failures amounted to passive state acquiescence. Despite SUHAKAM’s recommendations urging the police to intensify their investigative efforts, the Commission has yet to be informed of any substantive progress.

The tragic cases of Joshua Hilmy and Ruth Sitepu stand as a painful reminder of the ongoing need for accountability and institutional reform. Although their families did not bring their cases to court, justice and truth for them remain no less important. SUHAKAM calls upon the authorities to take immediate and concrete steps to reinvigorate investigations into their disappearances and to provide updates to the Commission and the families concerned.

SUHAKAM remains committed to monitoring the implementation of the High Court’s judgments, engaging with relevant authorities, supporting the affected families, and advocating for systemic reforms to safeguard against future violations. We trust that the Government will seize this opportunity to reinforce Malaysia’s commitment to human rights by implementing the Court’s directives effectively, ensuring full accountability, and strengthening safeguards against future abuses. SUHAKAM also calls on all stakeholders to act swiftly and decisively in advancing truth, justice and institutional reform.

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Human Rights Commission of Malaysia (SUHAKAM)
Date: 8 November 2025

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Media Statement No. 49-2025_SUHAKAM Calls for Stronger Regional Accountability: ASEAN Must Not Fail Women and Youth in Myanmar

KUALA LUMPUR, MALAYSIA (17 OCTOBER 2025) – The Human Rights Commission of Malaysia (SUHAKAM) on 16 October 2025 co-hosted a crucial forum titled “Strengthening Regional Accountability: ASEAN’s Failure on Women, Youth, Peace and Security in Myanmar” at the IDEAS Kuala Lumpur Hotel. Jointly organised with Progressive Voice and the Alternative ASEAN Network on Burma (ALTSEAN-Burma), the forum served as an important platform to address the escalating human rights and humanitarian crisis in Myanmar, and to underscore the urgent need for stronger regional accountability mechanisms.

SUHAKAM stands in firm solidarity with the people of Myanmar, particularly women and youth who continue to face compounded risks and systematic violence since the illegal attempted coup in 2021. The forum amplified the voices of human rights defenders who shared first-hand testimonies of the dire situation on the ground, including the widespread use of conflict-related sexual violence (CRSV) and other grave human rights violations.

SUHAKAM Chairman, YBhg. Dato’ Seri Mohd Hishamudin Yunus, officiated the forum and drew attention to the severe scale of the humanitarian and human rights catastrophe in Myanmar. Current data indicates that the crisis has displaced more than 3.5 million people internally and resulted in over 6,000 civilian deaths since 2021. The discussions underscored the urgent need to end decades-long impunity for atrocities committed by the military, which disproportionately target women, girls, and youth from ethnic and religious minorities through systematic violence, including CRSV.

The forum also featured a panel on Women and Sexual and Gender-Based Violence (SGBV) and youth representatives who shared their lived experiences of the ongoing crisis and critically assessed the implementation of the ASEAN Regional Plan of Action on Women, Peace and Security (RPA WPS). The discussions further drew attention to CEDAW and Beijing+30 obligations on gender-based violence, which all neighbouring countries in ASEAN are a party to. Despite the framework’s pledge to uphold the core pillars of protection, participation, prevention, and relief and recovery, the situation in Myanmar starkly reveals ASEAN’s failure to deliver on these commitments.

SUHAKAM expressed deep concern over ASEAN’s continued inaction and silence regarding the specific needs and voices of Myanmar’s women, girls, and youth. Their exclusion from consultations and decision-making processes further entrenches marginalisation and undermines the practical relevance of the RPA WPS in addressing one of the region’s most urgent gender and human rights crises. The women of Myanmar — who have been at the forefront of the people’s revolution and resistance — must have their leadership and experiences recognised and centred in all peace and security efforts, in line with UN Security Council Resolution 1325 (UNSCR 1325).

Following the testimonies and panel discussions, SUHAKAM expressed its support for the delegation’s call for stronger Malaysian support to Myanmar’s women and youth, particularly in their humanitarian missions and steadfast efforts to end military tyranny, impunity, and gender-based violence.

SUHAKAM urges the Malaysian Government, Parliamentarians, diplomatic missions, media, and all stakeholders to take concrete action, including:

  1. Utilising all diplomatic channels to press ASEAN and Malaysia, as the Chair of ASEAN for 2025, to immediately prioritise the restoration of peace and stability in Myanmar and to ensure unhindered humanitarian access to affected communities before any election takes place;
  2. Advocating for the inclusion of Myanmar women and youth voices in all regional and international mechanisms addressing the Myanmar crisis; and
  3. Strengthening efforts to advance justice and accountability for atrocity crimes committed by the Myanmar military, including CRSV.

SUHAKAM reaffirms its commitment to leveraging its platform as a National Human Rights Institution (NHRI) to advocate for human rights, justice, and accountability for the people of Myanmar at both regional and international levels.

SUHAKAM also calls for stronger regional accountability and courageous leadership within ASEAN to act now. ASEAN must not fail the ASEAN community, especially the women and youth of Myanmar.

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Human Rights Commission of Malaysia (SUHAKAM)
Date: 17 October 2025

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Media Statement No. 48-2025_SUHAKAM Urges Immediate Action to Protect Girls from Gender Based Violence

KUALA LUMPUR (16 October 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses its deep concern over the recent reports of violence, bullying, sexual assault, and gender-based killings involving girls in Malaysia, including cases in Sabah, Melaka, Selangor, and Kedah.

These incidents, including gang rapes and fatal acts of violence that amount to femicide, expose a grave reality: children, particularly girls, continue to be failed by the very protection systems and social structures meant to keep them safe. Schools, communities, and even online spaces that should nurture learning, trust, and growth are increasingly becoming sites of fear, victimisation, and harm. This situation is not only a national tragedy but a serious violation of children’s rights, dignity, and equality.

Malaysia’s commitments under the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and Article 8(2) of the Federal Constitution, which prohibits gender discrimination, must translate into real and effective protection on the ground. Yet, persistent gaps in enforcement, coordination, and societal awareness continue to leave girls vulnerable to gender-based violence, sexual exploitation, and public humiliation, both offline and online.

SUHAKAM therefore calls for:

  1. The establishment of coordinated national data on gender-based and child-targeted violence, including femicide, to inform evidence-based and gender-responsive policy interventions.
  2. Each relevant Ministry, including the Ministry of Women, Family and Community Development (MWFCD), the Ministry of Education (MoE), and the Royal Malaysia Police (RMP) to appoint gender and child protection focal points to ensure timely, survivor-centred, and trauma-informed responses.
  3. All schools to be safe and inclusive environments, through stronger anti-bullying and anti-harassment policies and enforcement, confidential reporting mechanisms, and comprehensive education on gender equality, respect, and consent.
  4. The media and the public to uphold ethical standards by refraining from publishing, circulating, or discussing material that could identify children involved in criminal or sensitive cases.

Malaysia’s commitment to the Sustainable Development Goals (SDGs), particularly Goal 5 (Gender Equality) and Goal 16 (Peace, Justice, and Strong Institutions), requires urgent and coordinated action to ensure that girls and all children live free from violence, discrimination, and exploitation.

As the world recently observed the International Day of the Girl Child on October 11, Malaysia must move beyond commemoration and take decisive action to safeguard its girls, not only from physical and sexual violence, but also from the indignity of public exposure, online shaming, and the escalating threat of femicide. Protecting children’s rights means protecting their identities, safety, and dignity, both offline and online. Every girl has the right to live free from gender-based violence, including femicide, and to grow in environments that uphold her equality, autonomy, and respect.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 16 October 2025

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Media Statement No. 47-2025_World Day Against The Death Penalty: A Call For Humanity And Justice

KUALA LUMPUR (10 October 2025) – The Human Rights Commission of Malaysia (SUHAKAM) joins the global community in commemorating the World Day Against the Death Penalty, observed annually on 10 October, to reaffirm the universal call for the protection of the right to life and the abolition of capital punishment.

This year’s observance, however, carries a profound sense of sorrow as two Malaysian citizens were recently executed by hanging in Singapore following their convictions for drug-related offences. Before the recent execution, SUHAKAM had written to the High Commissioner of Singapore in Malaysia, appealing for a postponement and reconsideration of the sentence, in line with the international appeal for restraint, mercy, and respect for the sanctity of life.

The global movement towards abolition continues to gain strength, with more than two-thirds of countries worldwide having abolished the death penalty in law or ceased its use in practice. Malaysia’s own progress, including the abolition of the mandatory death penalty and the ongoing reforms to review capital punishment policies, reflects a significant and commendable step forward. However, the path towards full abolition remains incomplete.

The enduring question remains whether the world can one day be free from the death penalty. SUHAKAM firmly believes that this is possible, but it requires more than political will. It calls for moral courage, public education, and a justice system grounded in humanity and fairness. True justice cannot be achieved through punishment that extinguishes life, but it must be built on principles of proportionality, rehabilitation, and respect for human dignity.

SUHAKAM reaffirms its steadfast commitment to the total abolition of the death penalty, in line with international human rights norms and the right to life guaranteed under the Federal Constitution. The Commission reiterates that a justice system that is humane and rights-based is the only system that can truly deliver lasting justice.

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Human Rights Commission of Malaysia (SUHAKAM)

Date: 10 October 2025

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Upholding Indigenous Land Rights: A Nation’s Test of Justice

By: Paremeswari Subramaniam
(Principal Assistant Secretary Policy Division)
SUHAKAM

As the world commemorates the 2025 International Day of the World’s Indigenous Peoples on 9 August, 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 native 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.

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 organisation, government agencies, and civil society groups. The Inquiry gathered issues revolving land encroachments, forced evictions, and a troubling absence of free, prior and informed consent (FPIC) in development affecting their lands. Eleven years on, the root problems persist.

From Inquiry to Action

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, do not adequately recognise Indigenous native customary land rights (NCR). Key concept such as pemakai menoapulau galau and kawasan rayau, remain unrecognised and uncodified in law. Despite favourable court decisions like Nor Nyawai[1], Sagong Tasi[2] and Adong Kuwau[3], affirming recognition of NCR, the failure to integrate these rulings into administrative procedures has perpetuated legal uncertainty.

Weak Institutions, Weaker Protection

Institutions tasked with safeguarding Indigenous welfare, notably the Department of Orang Asli Development (JAKOA) is underfunded, lack of transparency, and 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 loss access to forests, rivers, and resources that are vital for their survival. Climate change, deforestation, and commercial encroachments are further threating traditional food systems and erosion of 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’s released the National Inquiry Report , 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, reflects 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 it calls 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 for actions that aims 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.


[1] Nor Nyawai v Borneo Pulp Plantations & Ors.

[2] Sagong Tasi v Selangor State Government

[3] Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor

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Media Statement No. 46-2025 (OCC)_Child-Sensitive Treatment Of Child Witnesses In Court Processes

KUALA LUMPUR (7 OCTOBER 2025) – The Office of Children’s Commissioner (OCC) of SUHAKAM reminds all parties to uphold the principles of fairness, dignity, and compassion in ensuring a child-sensitive justice system. The best interests of the child must be the primary consideration in the treatment of child witnesses, ensuring access to justice while protecting them from hardship during the judicial processes.

The Child Act 2001 [Act 611] clearly affirms in its Preamble that “Every child is entitled to protection and assistance in all circumstances”, a protection that extends equally to child witnesses. Complementing this, the Evidence of Child Witness Act 2007 [Act 676] and Evidence of Child Witness (Amendment) Act 2023 [Act A1688] were specifically enacted to safeguard child witnesses by introducing child-friendly procedures during court processes.

Importantly, Section 6B of the Evidence of Child Witness Act further requires courts to prohibit improper questions, including those that are misleading, intimidating, humiliating, or based on stereotypes. This provision is designed to shield children from psychological, emotional, and physical harm while giving evidence.

Malaysia ratified the Convention on the Rights of the Child (CRC) in 1995, affirming its commitment to uphold the full spectrum of children’s rights. This includes the obligation to ensure that child witnesses and all children in contact with the justice system are treated with dignity, compassion, and respect.

In this regard, OCC calls upon all legal practitioners, court officers, and stakeholders to ensure that these safeguards are consistently implemented in practice, so that children are not re-traumatised by their participation in judicial proceedings.

Office for Children’s Commissioner (OCC)

Human Rights Commission of Malaysia (SUHAKAM)

7 October 2025