'We haven't seen draft amendments to land code'

The Human Rights Commission (Suhakam) has not seen the draft amendments to the National Land Code, which is expected to reduce the size of land lots that can be claimed by the indigenous community.

Jannie Lasimbang (right), the commissioner in charge of Suhakam's national inquiry into the land rights of the indigenous peoples, said only parts of the policy proposal have been made available, despite the commission requesting more details.

The amendments, which are to be made to the National Land Code 1965, are based on the new policy.
 
"We have parts of the draft policy and more or less had a discussion with the director-general of the Orang Asli Affairs Department (who) said they have finished their consultation with the Orang Asli and are now moving on to change the Act," Lasimbang told reporters at Suhakam's headquarters in Kuala Lumpur.

The Orang Asli community has claimed that the policy, which involves the awarding of titles for more than 50,000 hectares of land, was never presented to them as stakeholders. 

Suhakam in its inquiry conducted sessions with the indigenous communities in Sabah from June 17 to July 7 and in Peninsular Malaysia from July 15 to 29.

Consulation with communities in Sarawak took place from Sept 17 to 30.

Suhakam will set up a public hearing on the matter in January, calling witnesses from the community, government and NGOs.

“We expect to complete the inquiry in July next year to provide for time for follow up,” said the commissioner whose term with Suhakam will end in April 2012.

According to Suhakam chairperson Hasmy Agam, the commission expects to provide short-term, medium-term and long-term recommendations to the government, which are all “do-able”.

“We will not be recommending anything impossible...for example, in one of the consultations in Pahang, a woman asked why they had to be categorised as l'ain-lain' in their birth certificate.

“This is something that can be easily changed in the short-term, to recognise the community as original peoples of the land.”

Convention against torture

On a separate matter, Hasmy said Suhakam was currently working to get the government to sign and ratify the UN convention against the use of torture.

“We are among the few countries that have not signed it and this reflects badly on us as it makes it seem like we condone torture,” he said.

However, he said, convincing the government may take a while as the convention considers caning too an act of torture.

“So we will have to engage stakeholders who support caning, for example, religious bodies, to take their views on board,” he said.

The commission is also pushing for either the abolition or a moratorium on the use of the death penalty.

“But this requires public awareness and sentiments are split on this. We are in the process of commissioning a public poll on the matter.

“However, on a personal level, I feel that the right to take away a life belongs to God, and not to people and that even in Islam there is provision for the family of a victim to forgive, so that the death penalty is avoided.”

As part of its bid to raise public awareness, Suhakam and the Bar Council will hold a public forum on the death penalty on Oct 13.

Call for nominations

The commission is also calling for nominations for its inaugural Human Rights Award, for three categories - individual, organisation and media.

Nominations must be supported with a two- to five-page testimony as to why the nominee should receive the award.

Nominations for the media category, open to online media and book authors as well, must be supported with three copies of relevant press clippings or audio or video recordings.
 
All entries must be submitted, along with the nomination forms available on the Suhakam website, by 5pm on Nov 1, via snail-mail or email to hrawards@suhakam.org.my

The winners will be announced at a dinner on Nov 10.


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