Upholding indigenous land rights: A nation’s test of justice

By Paremeswari Subramaniam

As the world commemorates the 2025 International Day of the World’s Indigenous Peoples on 9 August, the Malaysian human rights commission 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 the peninsula and the natives 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 UN 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 organisations, 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 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 free, prior and informed consent, 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, does not adequately recognise indigenous native customary land rights (NCR).

Key concepts, such as pemakai menoa, pulau galau and kawasan rayau, remain unrecognised and uncodified in law. Despite favourable court decisions like Nor Nyawai[i], Sagong Tasi[ii] and Adong Kuwau[iii], affirming recognition of native customary rights, 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) – are underfunded, [and there is] a 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. 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 UNDRIP, which mandates the free, prior and informed consent 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 lose access to forests, rivers and resources that are vital for their survival.

Climate change, deforestation and commercial encroachments are further threatening traditional food systems and eroding 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.

Call to action

Over a decade ago, Suhakam 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, reflecting 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 its 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 ethnic Malays and the natives of Sabah and Sarawak
• Harmonise federal and state-level laws and policies, especially regarding the gazetting 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 Article 8(2) of UNDRIP affirms: States must prevent and redress any actions that aim 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. – Suhakam

Paremeswari Subramaniam is the principal assistant secretary in the policy division of Suhakam.

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

[ii] Sagong Tasi v Selangor State Government

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

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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