NINE years have passed since Malaysia adopted the United Nations Declaration on the Rights of Indigenous People (UNDRIP), but the community remains marginalised and ignored in their own country, said Chief Justice Richard Malanjum.

Until today, an audit has yet to be undertaken to determine how much the government has done in regard to the rights of indigenous folk, he said.

“Unfortunately, there are not many groups around pushing the idea of recognising their rights. (And) the authorities won’t do anything unless there is an external push,” Malanjum said at the opening of the Borneo Rainforest Law Conference in Kota Kinabalu today.

Indigenous people account for 15% of the world population, and a third of them are also considered hardcore poor, he told the conference.

“The biggest challenge right now is that, day by day, indigenous people are losing (their rights),” he said.

Conflicts frequently erupt – in Peninsular Malaysia, Sabah and Sarawak – between indigenous people and the authorities and private firms over matters like land, river pollution, forest clearing and hunting grounds.

Many indigenous folk are also considered stateless, as they live in the far-flung areas of Sabah and are incapable of making long journeys to register themselves or their children’s births.

In his speech, Malanjum also proposed that the word “native” in current laws be replaced with “indigenous people”, saying the use of the former appeared to imply “backward” thinking.

“There is so much negativity in the word ‘native’. For most, the reference could possibly mean that the person still wears a loin cloth and is primitive,” he said.

Meanwhile, Sabah Assistant Law and Native Affairs Minister Jannie Lasimbang concurred that there had been no effort to audit how much the country has done to recognise the UNDRIP.

However, in Sabah, she said about 30% of the declaration has been implemented, as awareness improves in the state government.

“In Sabah, some things have already been implemented, such as celebrating International Day of Indigenous People and the establishment of the Native Court.

“Nonetheless, there are still areas we need to work on, such as recognition of land rights and health issues,” said Lasimbang.

Lasimbang said that a special UN rapporteur had expressed an intention to visit Sabah in March, but was awaiting formal clearance from the Foreign Affairs Ministry. – January 17, 2019.