Reforming Indigenous Customary Land Rights in Malaysia: A National and International Legal Perspective on Environmental Justice

Abstract

This article explores the intersection of indigenous customary land rights and environmental justice in Malaysia from both national and international legal perspectives. Despite constitutional provisions and international commitments, the indigenous communities continue to face displacement and environmental degradation due to logging, palm oil plantations, and infrastructure development. These activities not only erode Indigenous Customary Rights but also cause extensive ecological harm, including deforestation, biodiversity loss, and water pollution. The paper highlights shortcomings in the current legal framework, particularly the discretionary nature of compensation provisions and weaknesses in the Environmental Impact Assessment (“EIA”) process. It advocates for legal reforms to ensure mandatory compensation, indigenous consent, and rigorous EIAs aligned with Malaysia’s obligations under the United Nations Framework Convention on Climate Change (“UNFCCC”). Policy reforms are also proposed to recognize indigenous communal ties to land, enhance public participation, and strengthen enforcement. A just and sustainable future hinge on these changes.

Introduction

Generally, the term “indigenous” is defined as native or naturally belonging to a place.¹ It refers to people or populations who are the original inhabitants of a particular place. In Malaysia, the indigenous people are divided into 2 categories, which are the aborigines and the natives.²

An aborigine means any person of the Malay Peninsula who is a member of an aboriginal ethnic group through patrilineal descent, habitually speaks an aboriginal language, and follows an aboriginal way of life, customs, and beliefs; any person adopted in infancy by aborigines.³ Besides, it raised as a member of an aboriginal community, provided they speak an aboriginal language and maintain an aboriginal lifestyle; or any child born to an aboriginal woman and a non-aboriginal man, provided the child speaks an aboriginal language, adheres to aboriginal customs and way of life, and remains part of an aboriginal community.⁴ Native, means, in Sarawak, a citizen who is indigenous to the State or of mixed ancestry exclusively from indigenous races.⁵ In Sabah, it refers to, a citizen who is a child or grandchild of an indigenous Sabah race, born in Sabah or to a father domiciled there.⁶ Thus, aborigines means the indigenous people in Peninsula Malaysia while natives refer to the indigenous people in the states of Sabah and Sarawak.

The Indigenous population recognized by the government, as of 2015, is approximately 13.8% of the total population.⁷ The Federal Constitution (“FC”) authorizes preferential laws for indigenous people, including land rights and public service quotas, to protect and advance their welfare.⁸ A senator who is capable of representing the aborigines shall be appointed by the government.⁹ This proves that the special position of the indigenous people is protected under the Constitution. Simultaneously, international law such as United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) also recognizes the rights of indigenous people. For instance, Article 10 of UNDRIP prohibits the forced removal of indigenous peoples from their lands. Simultaneously, indigenous people have the right to practice and revitalize cultural traditions and customs.¹⁰

However, despite constitutional and international protections, Malaysia’s indigenous communities face escalating threats from environmental degradation. Logging, palm oil plantations, and hydroelectric projects on Indigenous lands have led to deforestation, loss of biodiversity, and displacement, undermining both Indigenous livelihoods and global environmental goals.¹¹ The natives were also coerced to sell their lands for RM 500 per hectare for oil palm plantation.¹²

This paper examines how the erosion of Indigenous Rights contributes to ecological harm and argues for legal reforms that align Malaysia’s domestic framework with international environmental and human rights standards. By strengthening Indigenous Rights recognition, Malaysia can advance environmental justice, uphold its commitments under treaties and empower Indigenous communities as stewards of sustainable development.

The Crisis: Environmental Degradation on Indigenous Lands

Major Threats to Indigenous Lands: Logging, Palm Oil Plantations, and Dams

In 2013, the Malaysia Human Rights Commission (“SUHAKAM”) released a report on indigenous land rights, finding that although the FC, along with domestic and international laws, provides for the recognition of these rights, ongoing systemic issues have prevented indigenous communities from fully enjoying their legal and human rights.¹³ Thus, despite constitutional backing and notable progress in court decisions since the 1990s, indigenous peoples continue to face setbacks in realising their legal, social, and economic rights.¹⁴

In Sarawak, the development of agricultural estates or plantations involving over 500 hectares of secondary or primary forest land, the resettlement of more than 100 families, or the conversion of over 50 hectares of mangrove swamps is subject to regulation. ¹⁵ Logging activities include the extraction or felling of timber from areas exceeding 500 hectares that were previously indigenous lands, as well as from any area designated as a water catchment under the Water Ordinance 1994.¹⁶

In Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor¹⁷, 52 Jakun families from the Sungai Linggui area in Johor claimed ancestral rights over 53,273 acres of land acquired by the state government for a dam project to supply water to Johor and Singapore. The plaintiffs argued that they had lived on and their traditional rights were recognized under common law, statute, and the FC. The court recognized that the plaintiffs, as indigenous people held customary land rights over the Sungai Linggui area. While these rights did not amount to full ownership, the court held that they constituted a property right protected under common law, the Article 13 of the FC, which prohibits uncompensated deprivation of property. Thus, the court ruled that constitutional compensation was required.

Similarly, in Kerajaan Negeri Selangor & Ors v Sagong Tasi & Ors,18 the plaintiffs were from the Temuan Tribe and were given 14 days’ notice to vacate 38,477 acres of their lands in Bukit Tampoi in deference to compulsory acquisition for the purpose of building a freeway to Kuala Lumpur International Airport. They were promised compensation for loss of their homes, crops and fruit trees but not the land. After their trees, crops and buildings were destroyed they accepted their limited compensation under protest. The court held that the defendants are entitled to adequate compensation and constitutional protections under Articles 8(5)(c) and 13. The court adopted the compensation framework from the Land Acquisition Act 1960, interpreting its provisions liberally to include Temuan land rights. Importantly, the ruling found both state and federal governments had breached their fiduciary duties by failing to gazette indigenous lands, awarding additional damages for this failure.

However, in TR Sandah ak Tabau & Ors v Director of Forest, Sarawak & Anor,¹⁹ the Federal Court held that native customary rights under common law were limited to areas that were felled, cultivated, or settled (temuda), and did not extend to pemakai menoa or pulau galau, which involved virgin or primary forests. The main reason was that these customs had not been expressly recognised by Sarawak law. The court interpreted “customs recognised by the laws of Sarawak” and “customs having the force of law” as being limited to those recognised by legislation or executive orders, excluding those recognised judicially through common law. Notably, he affirmed that under Sarawak land law does not recognize the Native Customary Rights under common law.

Consequences Towards the Environment

Oil palm projects on indigenous land caused extensive deforestation, destruction of family farms, and river pollution, severely impacting food security and income.²⁰ Significantly, 90% of the palm oil projects were grown on the biodiverse forests.²¹ The communities lost diverse cash and subsistence crops, including rubber, cocoa, pepper, banana, rattan, bamboo, and rare fruit trees like durian, rambutan, and jackfruit.

Furthermore, a significant consequence is the pollution of rivers, resulting in reduced fish stocks. A palm oil mill produces 2.5 metric tons of effluent per ton of oil, and direct discharge can pollute freshwater, harming biodiversity and communities. Though oil palm uses relatively little pesticide and fertilizer, careless application can contaminate water sources.²² Chemical runoff and siltation have depleted fish and prawn populations. In Buri River, species have sharply declined, leaving only cheaper fish like biawan in significant numbers. Fishing now requires longer trips with higher fuel costs and smaller catches.²³

The last significant issue is the decline in wildlife and forest resource. Previously abundant wild animals, such as boar, deer, monkeys, and birds are now scarce, with only monkeys remaining common. Edible plants, mushrooms, and timber used for housing and crafts have dwindled, forcing families to buy construction materials.²⁴ In the state of Kelantan, a 130-million-year-old rainforest and refuge for endangered species like tigers and rare birds, as well as customary land for some indigenous communities. However, it faced illegal logging, and the state has seen severe deforestation — losing 28% of tree cover from 2001 to 2018, with Tanah Merah and Gua Musang accounting for 71% of the loss.²⁵

Legal Gap in Current Legal Framework

Indigenous people face various land rights issues as Malaysia applies the Torrens system which emphasizes on the registration of title.²⁶ This is because indigenous land is often passed down through generations without formal registration.²⁷ Besides, the cases such as Adong bin Kuwau and Sagong Tasi illustrates that the government can have the rights to acquire indigenous land for development as long as adequate compensation is provided.²⁸ The State Authority may acquire land for public purposes, economic development, or for mining, residential, agricultural, commercial, industrial, or recreational use.²⁹ Companies are required to conduct EIA before land developments.³⁰

However, the current laws and policies regarding EIAs are inadequate in several key areas, compromising efforts toward effective environmental conservation. One major issue is the lack of stringency; many existing regulations do not thoroughly assess potential environmental impacts, resulting in incomplete and inaccurate evaluations.³¹ This weakens the overall effectiveness of conservation efforts. Additionally, scope limitations are prevalent.³²

Ambiguous guidelines further compound the problem by leading to inconsistent and subjective assessments.³³ Clear, detailed, and scientifically rigorous guidelines are essential to ensure transparency and consistency. Without sufficient public input, diverse perspectives are lost, and trust in the process diminishes, reducing the likelihood of identifying overlooked impacts.³⁴

Enforcement mechanisms are another weak point.³⁵ Even with strict requirements in place, poor enforcement and inadequate penalties for non-compliance fail to incentivize adherence to the EIA process.³⁶ Furthermore, political influence and corruption can distort assessments by prioritizing economic interests over environmental protection, resulting in biased outcomes.³⁷

Besides, outdated regulations hinder the effectiveness of EIAs by failing to incorporate new scientific knowledge and technological advancements. ³⁸ Laws that lag behind current developments can lead to evaluations that do not adequately address emerging environmental challenges.³⁹

Finally, Malaysia, which ratifies UNFCCC,⁴⁰ should take actions including developing and updating national greenhouse gas inventories, formulating and implementing mitigation and adaptation programmes, promoting sustainable management of sinks, cooperating on adaptation planning, integrating climate concerns into policies to ensure sustainable developments.⁴¹ Specifically, Malaysia shall employ appropriate methods, such as conducting EIAs to minimize adverse effects on the quality of the environment. ⁴² However, the implemented EIA in Malaysia lacks the transparency and effectiveness.⁴³ This undermines Malaysia’s international obligations under UNFCCC.

Pathways Forward: Legal & Policy Reforms

Legal Reforms

Reforms must adopt a biocultural rights approach, recognizing land as both livelihood and cultural heritage, as seen in New Zealand’s Te Urewera Act. ⁴⁴ Section 10(3) of Aboriginal Peoples Act 1954 (“APA 1954”) authorizes the State Authority to order the aborigines to leave their indigenous lands and make compensations, as may be necessary. However, compensations may be granted in three situations: (i) when land is excised from an aboriginal area or reserve, (ii) when land in an aboriginal area is alienated, granted, leased, or otherwise disposed of, or (iii) when any right or privilege in an aboriginal area or reserve is wholly or partly revoked.⁴⁵ The use of the word “may” give the State Authority discretionary power to decide whether or not to grant compensation after removing the aborigines from their customary lands.⁴⁶ There is also no requirement for the conduct of EIA before such order is made.⁴⁷

The term “may” shall be revised into “shall” which obliged the State Authority to compensation when acquiring an aboriginal land to ensure adequate compensations is provided. ⁴⁸ Besides, another subsection shall be included to ensure that proper EIA is conducted before acquiring such lands for development purposes. ⁴⁹ This is in line with Malaysia’s obligations under UNFCCC. ⁵⁰ Simultaneously, Article 13(2) of FC shall be amended to require indigenous people’s consent and proper EIA before making such acquisition. ⁵¹ Significantly, Canada’s Indigenous-led EIAs demonstrate how participatory frameworks can balance development and rights.⁵² Malaysia could adopt similar models to require Indigenous consultation at all project stages, backed by penalties for non-compliance. These measures are important to safeguard the indigenous rights and protect the environment.

Policy Reforms 

The current government policy⁵³ on indigenous matters does not adequately protect aboriginal land rights. While it supports individual property ownership, it overlooks the communal, cultural, and spiritual connection aborigines have to their land.⁵⁴ The government can allocate sufficient land to support the indigenous people’s livelihood and cultural practices. Recognising customary land tenure can also benefit the national economy, ⁵⁵ as seen in Canada’s flexible land titling system. ⁵⁶ Additionally, policies promoting small-scale land development and skill enhancement among aboriginal individuals should be encouraged.⁵⁷ These are important to enhance the indigenous people’s rights.

Furthermore, a clearer EIA policy shall be implemented to ensure environmental sustainability.⁵⁸ Besides, public consultations shall be conducted earlier in the planning stage, using diverse and accessible methods like social media, and launching awareness campaigns to educate communities on the importance of EIA.⁵⁹

To address the issue of ambiguous and outdated guidelines, updating checklists, incorporating cumulative impact assessments and expanding the list of prescribed activities to cover more high-risk projects shall be implemented.⁶⁰ Additionally, the legal and institutional framework needs strengthening, such as making the Preliminary Site Assessment (“PAT”) mandatory for all projects and establishing a professional body to regulate EIA consultants, including penalties for unethical practices.⁶¹

The last issue is the lacks integrity, specialists and standardized procedures across states in Department of Environment (“DOE”). Recommendations include training more DOE officers in specialized fields, improving inter-agency collaboration, and closing loopholes that allow developers to bypass EIA requirements by splitting large projects into smaller ones.⁶² This can ensure that the DOE’s policies can be strictly imposed to ensure environment sustainability. ⁶³ Simultaneously, community-led EIAs ⁶⁴ could bypass state corruption by empowering indigenous groups as assessors.⁶⁵ Finally, to ensure higher-quality EIA reports, the research proposes simplifying report formats, developing specialized software for standardization, and mandating rigorous baseline studies.⁶⁶

Environmental Impact Assessment (EIA) in Malaysia: Dam Politics, Rent-Seeking, and Conflict. Sustainability, 12(24), 10467. https://doi.org/10.3390/su122410467.

Conclusion

The struggle of Malaysia’s Indigenous communities to secure land rights highlights the clash between development, environmental justice, and human rights.⁶⁷ Despite constitutional and international protections like UNDRIP, legal loopholes, weak enforcement, and exploitative practices persist, eroding rights and ecosystems. The impacts are severe: livelihoods destroyed, biodiversity lost, and water sources polluted.

Reforms must prioritize binding legal obligations such as replacing discretionary terms like “may” with “shall” in the APA 1954—to ensure fair compensation and rigorous EIAs. Policies should honor Indigenous communal ties to land, aligning with UNFCCC goals through participatory governance.

Protecting Indigenous rights is both a moral duty and a pragmatic strategy for sustainability. Legal reform can empower Indigenous stewardship, ensuring Malaysia’s natural heritage thrives.⁶⁸

References

 Statutes and International Treaties

1. Aboriginal Peoples Act 1954
2. Environmental Quality Act 1974
3. Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015
4. Federal Constitution
5. Land Acquisition Act 1960
6. Te Urewera Act 2014
7. United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
8. United Nations Framework Convention on Climate Change (UNFCCC)

Case laws

1. Adong bin Kuwau & Ors v Kerajaan Negeri Johor & Anor [1998] 2 MLJ 158
2. Kerajaan Negeri Selangor & Ors v Sagong Tasi & Ors [2005] 4 CLJ 543
3. TR Sandah ak Tabau & Ors v Director of Forest, Sarawak & Anor [2019] 6 MLJ 141

Dictionary

1. Oxford Advanced Learner’s Dictionary (2022)

Journal Article

1. HUMAN RIGHTS COMMISSION OF REPORT OF THE NATIONAL INQUIRY INTO THE LAND RIGHTS OF INDIGENOUS PEOPLES https://suhakam.org.my/wp-content/uploads/2023/11/NI.pdf
2. Implementation of Land Title Registration System in Malaysia: Lessons for Hong Kong [2011] 1 MLJ lxvi, Malayan Law Journal Articles
3. Indigenous Rights Under the Federal Constitution [2021] 2 MLJ lxxix, Malayan Law Journal Articles
4. Lawe, L. B., Wells, J., & Cree, M. (2005). Cumulative effects assessment and EIA follow- up: a proposed community-based monitoring program in the Oil Sands Region, northeastern Alberta. Impact Assessment and Project Appraisal, 23(3), 205–209. https://doi.org/10.3152/147154605781765508
5. Logging In Sarawak and the Rights of Sarawak’s Indigenous (2010). https://loggingoff.info/wp-content/uploads/2015/09/39-1.pdf
6. Cdr. Prof. Gs Ts. Dr. Mohd Hasmadi Ismail RMNVR, & Assoc. Prof. Dr. Pakhriazad Hassan Zaki.  (n.d.). CORRUPTION RISK IN NON-COMPLIANCE WITHENVIRONMENTAL IMPACT, National Governance Planning Division Malaysian Anti- Corruption Commission (MACC); Universiti Putra Malaysia (UPM).
7. Maisarah Makmor, Zulhabri Ismail, IMPROVING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN MALAYSIA (Maisarah Makmor, & Zulhabri Ismail, Eds.) [Review of MPROVING ENVIRONMENTAL IMPACT ASSESSMENT (EIA)PROCESS IN MALAYSIA]. Jurnal Teknologi; Faculty of Architecture, Planning and Surveying, Universiti Teknologi MARA (UiTM).
8. Paramasuaa, Devadasonb, Pardis Moslemzadeh Tehranic (2019, April). Environmental Goods and Services Sector in Malaysia: Regulatory Shortcomings and Policy Constraints [Review of Environmental Goods and Services Sector in Malaysia: Regulatory Shortcomings and Policy Constraints]. Institutions and Economies Vol. 11, No. 2.
9. Plant, , Hvalkof, S., & Washington, D. (n.d.). Land Titling and Indigenous Peoples Sustainable Development        Department         Technical         Papers         Series. https://webimages.iadb.org/publications/english/document/Land-Titling-and-Indigenous-  Peoples.pdf
10. R (1998). Indigenous Identity And The Law: Who Is A Native. EJournal UM; Universiti Malaya.https://ejournal.um.edu.my/index.php/JMCL/article/download/16137/9672/31961
11. Sahabat Alam Malaysia, THE LAND WE LOST Native Customary Rights (NCR) and Monoculture Plantations in Sarawak BRIEFING DOCUMENT. (n.d.). Retrieved June 12, 2025, from https://foe-malaysia.org/wp- content/uploads/2020/12/2019_SAM_The_Land_We_Lost_NCR_Plantations_Sarawak_  pdf
12. Suhakam, Report of the National Inquiry into the Land Rights of Indigenous Peoples (2013)
13. Waqaf, P., & Nusantara, I. (2017). i-WIN Library Title : A Legal Analysis on the Land Rights of Indigenous People in Malaysia. https://waqafilmunusantara.com/wp- content/uploads/2023/03/6_artikel_a-legal-analysis_competition.pdf
14. Williams, Deciding over nature Corruption and environmental impact assessments (2016). u4.No. https://www.u4.no/publications/deciding-over-nature-corruption-and- environmental-impact-assessments.pdf
15. (n.d.). Indigenous-Led Impact Assessment, An Introduction [Review of Indigenous-Led Impact Assessment, An Introduction]. CEAR; Centre for Environment Assessment https://ok-cear.sites.olt.ubc.ca/files/2023/01/Indigenous-Led-Impact- Assessment-An-Introduction-CEAR-UBC.pdf

Websites

1. Author, (2023, October 9). Sustainability Goals in Relation to Environmental Impact Assessment. Velosi Asset Integrity, Engineering, HSE & Software Consultants. https://velosiaims.com/sustainability-goals-in-relation-to-environmental-impact- assessment/
2. Bansal, S., Sarker, T., Yadav, A., Garg, I., Gupta, M., & Sarvaiya, H. (2023). Indigenous Communities and Sustainable development: a Review and Research Agenda. Global Business and Organizational Excellence, 43(4). https://doi.org/10.1002/joe.22237
3. Chin, J. (2017, March 11). The politics of native titles in Sarawak. Malaysiakini. https://malaysiakini.com/news/375332
4. Chávez, T. (2025,  May 4). Facing  the  Bulldozers. Human  Rights Watch. https://www.hrw.org/report/2025/05/04/facing-bulldozers/iban-indigenous-resistance-  timber-industry-sarawak-malaysia
5. Coombes, B. (2020). Nature’s rights as Indigenous rights? Mis/recognition through personhood for Te Urewera. Espace Populations Sociétés, 2020/1-2. https://doi.org/10.4000/eps.9857
6. EIA Needs to be Properly Implemented to Be (2023). Wwf.org.my. https://www.wwf.org.my/?31605/EIA-Needs-to-be-Properly-Implemented-to-Be- Effective
7. Enrolling the Local: Community-Based Anti-Corruption Efforts and Institutional Capture. (2021). World Wildlife Fund. https://worldwildlife.org/pages/tnrc-topic-brief- enrolling-the-local-community-based-anti-corruption-efforts-and-institutional-captur
8. González, A., Therivel, R., Lara, A., & Lennon, M. (2023). Empowering the public in environmental assessment: Advances or enduring challenges? Environmental Impact Assessment Review, 101, 107142. https://doi.org/10.1016/j.eiar.2023.107142
9. Hance, J. (2011, June 23). Rainforest tribe forcibly removed from dam area to palm oil Mongabay Environmental News.https://news.mongabay.com/2011/06/rainforest-tribe-forcibly-removed-from-dam-area-  to-palm-oil-plantation/
10. Ho, D. T. K. (2020). A Case Study Of The Environmental Impact Assessment Legislations In Sarawak, Malaysia. Asia Pacific Journal of Energy and Environment, 7(1), 47–54. https://doi.org/10.18034/apjee.v7i1.273
11. Ho, P., Nor-Hisham, B. M. S., & Zhao, H. (2020). Limits of the Environmental Impact Assessment (EIA) in Malaysia: Dam Politics, Rent-Seeking, and Conflict. Sustainability, 12(24), 10467. https://doi.org/10.3390/su122410467
12. Humphrey, C. (2019, August 23). Indigenous communities, nat’l parks suffer as Malaysia razes its Mongabay Environmental News. https://news.mongabay.com/2019/08/indigenous-communities-natl-parks-suffer-as- malaysia-razes-its-reserves/
13. (2022). What    is    Free,   Prior    and   Informed   Consent   (FPIC)?    IHRB. https://www.ihrb.org/resources/what-is-free-prior-and-informed-consent-fpic
14. INDIGENOUS LANDS SEVERELY DAMAGED BY DEVELOPMENT, MINING, TOURISM, PERMANENT FORUM TOLD, AS DEBATE BEGINS ONENVIRONMENT. (2003, May
15. OHCHR. https://www.ohchr.org/en/press- releases/2009/10/indigenous-lands-severely-damaged-development-mining-tourism- permanent-forum
16. Kamijo, T., & Huang, G. (2016). Improving the quality of environmental impacts assessment reports: effectiveness of alternatives analysis and public involvement in JICA supported projects. Impact Assessment and Project Appraisal, 34(2), 143–151. https://doi.org/10.1080/14615517.2016.1176402
17. Lee, H., Egan, A., & Monisha, L. (2023, October 16). Palm Oil Production in Sabah, Malaysia, and what it means for Water and Food Security.UNDP. https://www.undp.org/malaysia/stories/palm-oil-production-sabah-malaysia-and-what-it-  means-water-and-food-security
18. Malaysia – IWGIA – International Work Group for Indigenous (n.d.). Www.iwgia.org. https://www.iwgia.org/en/malaysia
19. Makmor, , & Ismail, Z. (2015). IMPROVING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN MALAYSIA. Jurnal Teknologi, 78(1).https://doi.org/10.11113/jt.v78.4489
20. Mohamad Al (2024, July 15). Environmental impact assessments weak across all sectors, says watchdog. NST Online; New Straits Times. https://www.nst.com.my/news/nation/2024/07/1076914/environmental-impact- assessments-weak-across-all-sectors-says-watchdog
21. pinto, (2025, February 19). Report Yak: Annual Report Design Agency. Report Yak. https://reportyak.com/blog/environmental-impact-assessment-report/
22. Protecting indigenous rights is key to a sustainable future. (2024, April 25). Davies Collison https://dcc.com/news-and-insights/protecting-indigenous-rights-is-key-to-a- sustainable-future/
23. Reporters, F. M. T. (2022, September 2). Environmental laws outdated, penalties too low, says law Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2022/09/02/environmental-laws-  outdated-penalties-too-low-says-law-minister/
24. Williams, A., & Dupuy, K. (2017). Deciding over nature: Corruption and environmental impact assessments. Environmental Impact Assessment Review, 65, 118–124. https://doi.org/10.1016/j.eiar.2017.05.002
25. (2019). Palm Oil | Industries | WWF. World Wildlife Fund; WWF. https://www.worldwildlife.org/industries/palm-oil

¹ indigenous adjective – Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner’s Dictionary at OxfordLearnersDictionaries.com. (2022). https://www.oxfordlearnersdictionaries.com/definition/english/indigenous; Merriam-Webster. (2019). Definition of INDIGENOUS. Merriam-Webster.com. https://www.merriam-webster.com/dictionary/indigenous.

² R Bulan. (1998). Indigenous Identity And The Law : Who Is A Native. eJournal UM; Universiti Malaya. https://ejournal.um.edu.my/index.php/JMCL/article/download/16137/9672/31961, p 4; Indigenous Rights Under the Federal Constitution [2021] 2 MLJ lxxix.

³ Federal Constitution, Article 160(2); Aboriginal Peoples Act 1954, section 3(1)(a).

⁴ Aboriginal Peoples Act 1954, section 3(1)(b), section 3(1)(c).

⁵ Federal Constitution, Article 161A(6)(a).

⁶ Federal Constitution, Article 161A(6)(b).

⁷ Malaysia – IWGIA – International Work Group for Indigenous Affairs. (n.d.). Www.iwgia.org. https://www.iwgia.org/en/malaysia.

⁸ Federal Constitution, Article 4(5)(c).

⁹ Federal Constitution, Article 45(2).

¹⁰ United Nations Declaration on the Rights of Indigenous Peoples, Article 11, 12.

¹¹ Chávez,L. T.  (2025, May 4).Facing the Bulldozers. Human Rights Watch. https://www.hrw.org/report/2025/05/04/facing-bulldozers/iban-indigenous-resistance-timber-industry-sarawak- malaysia ; Chin, J. (2017, March 11). The politics of native titles in Sarawak. Malaysiakini. https://www.malaysiakini.com/news/375332.

¹² Sahabat Alam Malaysia, THE LAND WE LOST Native Customary Rights (NCR) and Monoculture Plantations in Sarawak BRIEFING DOCUMENT. (n.d.). Retrieved June 12, 2025, from https://foe-malaysia.org/wp- content/uploads/2020/12/2019_SAM_The_Land_We_Lost_NCR_Plantations_Sarawak_Briefing_en_Final_sma  ll.pdf, p 22; Hance, J. (2011, June 23). Rainforest tribe forcibly removed from dam area to palm oil plantation. Mongabay Environmental News. https://news.mongabay.com/2011/06/rainforest-tribe-forcibly-removed-from- dam-area-to-palm-oil-plantation/.

¹³ Suhakam, Report of the National Inquiry into the Land Rights of Indigenous Peoples (2013), p. 174.

¹⁴ Indigenous Rights Under the Federal Constitution [2021] 2 MLJ lxxix.

¹⁵ Sahabat Alam Malaysia, THE LAND WE LOST Native Customary Rights (NCR) and Monoculture Plantations in Sarawak BRIEFING DOCUMENT. (n.d.). Retrieved June 12, 2025, from https://foe-malaysia.org/wp- content/uploads/2020/12/2019_SAM_The_Land_We_Lost_NCR_Plantations_Sarawak_Briefing_en_Final_sma  ll.pdf, p 8; Logging In Sarawak and the Rights of Sarawak’s Indigenous Communities. (2010). https://loggingoff.info/wp-content/uploads/2015/09/39-1.pdf, p 18.

¹⁶ Ibid.

¹⁷ [1998] 2 MLJ 158.

¹⁸ [2005] 4 CLJ 543.

¹⁹ [2019] 6 MLJ 141.

²⁰ Sahabat Alam Malaysia, THE LAND WE LOST Native Customary Rights (NCR) and Monoculture Plantations in Sarawak BRIEFING DOCUMENT. (n.d.). Retrieved June 12, 2025, from https://foe-malaysia.org/wp- content/uploads/2020/12/2019_SAM_The_Land_We_Lost_NCR_Plantations_Sarawak_Briefing_en_Final_sma  ll.pdf, p 20.

²¹ Lee, K. H., Egan, A., & Monisha, L. (2023, October 16). Palm Oil Production in Sabah, Malaysia, and what it means for Water and Food Security. UNDP. https://www.undp.org/malaysia/stories/palm-oil-production-sabah- malaysia-and-what-it-means-water-and-food-security.

²² WWF. (2019). Palm Oil | Industries | WWF. World Wildlife Fund; WWF. https://www.worldwildlife.org/industries/palm-oil; 4. Lee, K. H., Egan, A., & Monisha, L. (2023, October 16). Palm Oil Production in Sabah, Malaysia, and what it means for Water and Food Security. UNDP. https://www.undp.org/malaysia/stories/palm-oil-production-sabah-malaysia-and-what-it-means-water-and-food- security.

²³ Sahabat Alam Malaysia, THE LAND WE LOST Native Customary Rights (NCR) and Monoculture Plantations in Sarawak BRIEFING DOCUMENT. (n.d.). Retrieved June 12, 2025, from https://foe-malaysia.org/wp- content/uploads/2020/12/2019_SAM_The_Land_We_Lost_NCR_Plantations_Sarawak_Briefing_en_Final_sma  ll.pdf, p 20-21.

²⁴ Ibid.

²⁵ Humphrey, C. (2019, August 23). Indigenous communities, nat’l parks suffer as Malaysia razes its reserves. Mongabay Environmental News. https://news.mongabay.com/2019/08/indigenous-communities-natl-parks- suffer-as-malaysia-razes-its-reserves/; INDIGENOUS LANDS SEVERELY DAMAGED BY DEVELOPMENT, MINING, TOURISM, PERMANENT FORUM TOLD, AS DEBATE BEGINS ON ENVIRONMENT. (2003,May 15).OHCHR. https://www.ohchr.org/en/pressreleases/2009/10/indigenous-lands-severely-damaged-  development-mining-tourism-permanent-forum,

²⁶ Implementation of Land Title Registration System in Malaysia: Lessons for Hong Kong [2011] 1 MLJ lxvi, Malayan Law Journal Articles.

²⁷ Sahabat Alam Malaysia. (2021, November 8). Indigenous customary land rights and the modern legal system – Sahabat Alam Malaysia. Sahabat Alam Malaysia. https://foe-malaysia.org/articles/indigenous-customary-land- rights-and-the-modern-legal-system-2/.

²⁸ Aboriginal Peoples Act 1954, section 10(3); Federal Constitution, Article 13(2).

²⁹ Ibid; Land Acquisition Act 1960, section 3(1).

³⁰ Environmental Quality Act 1974, section 34A; Environmental Quality (Prescribed Activities) (Environmental Impact Assessment) Order 2015, First Schedule.

³¹ Lt. Cdr. Prof.Gs Ts. Dr. Mohd Hasmadi Ismail RMNVR, & Assoc. Prof. Dr. Pakhriazad Hassan Zaki. (n.d.). CORRUPTION RISK IN NON-COMPLIANCE WITH ENVIRONMENTAL IMPACT, National Governance

Planning Division Malaysian Anti-Corruption Commission (MACC); Universiti Putra Malaysia (UPM), p 22.

³² Paramasuaa, Devadasonb, Pardis Moslemzadeh Tehranic (2019, April). Environmental Goods and Services Sector in Malaysia: Regulatory Shortcomings and Policy Constraints [Review of Environmental Goods and Services Sector in Malaysia: Regulatory Shortcomings and Policy Constraints]. Institutions and Economies Vol. 11, No. 2; ibid, p 22.

³³ Ibid, p 22.

³⁴ Ho, D. T. K. (2020). A Case Study Of The Environmental Impact Assessment Legislations In Sarawak, Malaysia. Asia Pacific Journal of Energy and Environment, 7(1), 47–54. https://doi.org/10.18034/apjee.v7i1.273.

³⁵ Lt. Cdr. Prof.Gs Ts. Dr. Mohd Hasmadi Ismail RMNVR, & Assoc. Prof. Dr. Pakhriazad Hassan Zaki. (n.d.). CORRUPTION RISK IN NON-COMPLIANCE WITH ENVIRONMENTAL IMPACT, National Governance

Planning Division Malaysian Anti-Corruption Commission (MACC); Universiti Putra Malaysia (UPM), p 22.

³⁶ Mohamad Al As. (2024, July 15). Environmental impact assessments weak across all sectors, says watchdog. NST Online; New Straits Times. https://www.nst.com.my/news/nation/2024/07/1076914/environmental-impact- assessments-weak-across-all-sectors-says-watchdog.

³⁷ Williams, Deciding over nature Corruption and environmental impact assessments (2016). Www.u4.No. https://www.u4.no/publications/deciding-over-nature-corruption-and-environmental-impact-assessments.pdf.

³⁸ Lt. Cdr. Prof.Gs Ts. Dr. Mohd Hasmadi Ismail RMNVR, & Assoc. Prof. Dr. Pakhriazad Hassan Zaki. (n.d.). CORRUPTION RISK IN NON-COMPLIANCE WITH ENVIRONMENTAL IMPACT, National Governance

Planning Division Malaysian Anti-Corruption Commission (MACC); Universiti Putra Malaysia (UPM), p 22.

³⁹ Reporters, F. M. T. (2022, September 2). Environmental laws outdated, penalties too low, says law minister. Free Malaysia Today. https://www.freemalaysiatoday.com/category/nation/2022/09/02/environmental-laws- outdated-penalties-too-low-says-law-minister/.

⁴⁰  MALAYSIA’S UPDATE OF ITS FIRST NATIONALLY DETERMINED CONTRIBUTION. (n.d.).

https://unfccc.int/sites/default/files/NDC/2022- 06/Malaysia%20NDC%20Updated%20Submission%20to%20UNFCCC%20July%202021%20final.pdf.

⁴¹ United Nations Framework Convention on Climate Change, Article 4, Section 1.

⁴² Ibid, Article 4, Section 1(f).

⁴³ EIA Needs to be Properly Implemented to Be Effective. (2023). Wwf.org.my. https://www.wwf.org.my/?31605/EIA-Needs-to-be-Properly-Implemented-to-Be-Effective; Mohamad Al As. (2024, July 15). Environmental impact assessments weak across all sectors, says watchdog. NST Online; New Straits Times. https://www.nst.com.my/news/nation/2024/07/1076914/environmental-impact-assessments-weak- across-all-sectors-says-watchdog.

⁴⁴ Coombes, B. (2020). Nature’s rights as Indigenous rights? Mis/recognition through personhood for Te Urewera. Espace Populations Sociétés, 2020/1-2. https://doi.org/10.4000/eps.9857; Te Urewera Act 2014.

⁴⁵ Aboriginal Peoples Act 1954, section 12.

⁴⁶ Waqaf, P., & Nusantara, I. (2017). i-WIN Library Title : A Legal Analysis on the Land Rights of Indigenous People in Malaysia. https://waqafilmunusantara.com/wp-content/uploads/2023/03/6_artikel_a-legal- analysis_competition.pdf, p. 65; HUMAN RIGHTS COMMISSION OF MALAYSIA. REPORT OF THE NATIONAL INQUIRY INTO THE LAND RIGHTS OF INDIGENOUS PEOPLES. https://suhakam.org.my/wp-

content/uploads/2023/11/NI.pdf, p. 185.

⁴⁷ Ho, P., Nor-Hisham, B. M. S., & Zhao, H. (2020). Limits of the Environmental Impact Assessment (EIA) in Malaysia: Dam Politics, Rent-Seeking, and Conflict. Sustainability, 12(24), 10467. https://doi.org/10.3390/su122410467.

⁴⁸ Waqaf, P., & Nusantara, I. (2017). i-WIN Library Title : A Legal Analysis on the Land Rights of Indigenous People in Malaysia. https://waqafilmunusantara.com/wp-content/uploads/2023/03/6_artikel_a-legal- analysis_competition.pdf, p. 65.

⁴⁹ (n.d.). Indigenous-Led Impact Assessment, An Introduction [Review of Indigenous-Led Impact Assessment, An Introduction]. CEAR; Centre for Environment Assessment Research. https://ok- cear.sites.olt.ubc.ca/files/2023/01/Indigenous-Led-Impact-Assessment-An-Introduction-CEAR-UBC.pdf

⁵⁰ M A L A Y S I A Second National Communication to the UNFCCC. United Nations. https://unfccc.int/resource/docs/natc/malnc2.pdf.

⁵¹ IHRB. (2022). What is Free, Prior and Informed Consent (FPIC)? IHRB. https://www.ihrb.org/resources/what- is-free-prior-and-informed-consent-fpic.

⁵² Lawe, L. B., Wells, J., & Cree, M. (2005). Cumulative effects assessment and EIA follow-up: a proposed community-based monitoring program in the Oil Sands Region, northeastern Alberta. Impact Assessment and Project Appraisal, 23(3), 205–209. https://doi.org/10.3152/147154605781765508.

⁵³ Dasar Pemberimilikan Tanah Orang Asli 2009.

⁵⁴ Waqaf, P., & Nusantara, I. (2017). i-WIN Library Title: A Legal Analysis on the Land Rights of Indigenous People in Malaysia. https://waqafilmunusantara.com/wp-content/uploads/2023/03/6_artikel_a-legal- analysis_competition.pdf, p 66.

⁵⁵ SUHAKAM, Report Of The National Inquiry Into The Land Rights Of Indigenous Peoples, Copyright of Human Rights Commission of Malaysia(Suhakam), (2013), p. 165.

⁵⁶ Ibid; Plant, R., Hvalkof, S., & Washington, D. (n.d.). Land Titling and Indigenous Peoples Sustainable Development  Department Technical Papers Series. https://webimages.iadb.org/publications/english/document/Land-Titling-and-Indigenous-Peoples.pdf.

⁵⁷ Bansal, S., Sarker, T., Yadav, A., Garg, I., Gupta, M., & Sarvaiya, H. (2023). Indigenous Communities and Sustainable development: a Review and Research Agenda. Global Business and Organizational Excellence, 43(4). https://doi.org/10.1002/joe.22237.

⁵⁸ Author, V. (2023, October 9). Sustainability Goals in Relation to Environmental Impact Assessment. Velosi Asset Integrity, Engineering, HSE & Software Consultants. https://velosiaims.com/sustainability-goals-in- relation-to-environmental-impact-assessment/; EIA Needs to be Properly Implemented to Be Effective. (2023). Wwf.org.my. https://www.wwf.org.my/?31605/EIA-Needs-to-be-Properly-Implemented-to-Be-Effective.

⁵⁹ 13. Malaysia – IWGIA – International Work Group for Indigenous Affairs. (n.d.). Www.iwgia.org. https://www.iwgia.org/en/malaysia, p. 10; González, A., Therivel, R., Lara, A., & Lennon, M. (2023). Empowering the public in environmental assessment: Advances or enduring challenges? Environmental Impact Assessment Review, 101, 107142. https://doi.org/10.1016/j.eiar.2023.107142.

⁶⁰ 13. Malaysia – IWGIA – International Work Group for Indigenous Affairs. (n.d.). Www.iwgia.org. https://www.iwgia.org/en/malaysia, p. 11; Ho, P., Nor-Hisham, B. M. S., & Zhao, H. (2020). Limits of the

⁶¹ Maisarah Makmor, Zulhabri Ismail, IMPROVING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN MALAYSIA (Maisarah Makmor, & Zulhabri Ismail, Eds.) [Review of MPROVING ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN MALAYSIA]. Jurnal Teknologi; Faculty

of Architecture, Planning and Surveying, Universiti Teknologi MARA (UiTM), p. 10.

⁶² Tunley Environmental. (2024). COP 16 in Colombia: Agenda and Key Highlights. Tunley-Environmental.com. https://doi.org/10793018/1733143310572; Waqaf, P., & Nusantara, I. (2017). i-WIN Library Title: A Legal Analysis on the Land Rights of Indigenous People in Malaysia. https://waqafilmunusantara.com/wp- content/uploads/2023/03/6_artikel_a-legal-analysis_competition.pdf, p 66.

⁶³ Ibid; Patterson, N. (2024, September 20). What Is Environmental Sustainability? Goals with Examples. Www.snhu.edu; Southern New Hampshire University. https://www.snhu.edu/about-us/newsroom/stem/what-is- environmental-sustainability.

⁶⁴ Lawe, L. B., Wells, J., & Cree, M. (2005). Cumulative effects assessment and EIA follow-up: a proposed community-based monitoring program in the Oil Sands Region, northeastern Alberta. Impact Assessment and Project Appraisal, 23(3), 205–209. https://doi.org/10.3152/147154605781765508.

⁶⁵ Enrolling the Local: Community-Based Anti-Corruption Efforts and Institutional Capture. (2021). World Wildlife Fund. https://www.worldwildlife.org/pages/tnrc-topic-brief-enrolling-the-local-community-based-anti- corruption-efforts-and-institutional-captur; Williams, A., & Dupuy, K. (2017). Deciding over nature: Corruption and environmental impact assessments. Environmental Impact Assessment Review, 65, 118–124. https://doi.org/10.1016/j.eiar.2017.05.002.

⁶⁶ Ibid; Kamijo, T., & Huang, G. (2016). Improving the quality of environmental impacts assessment reports: effectiveness of alternatives analysis and public involvement in JICA supported projects. Impact Assessment and Project Appraisal, 34(2), 143–151. https://doi.org/10.1080/14615517.2016.1176402; pinto, karina. (2025, February 19). Report Yak: Annual Report Design Agency. Report Yak. https://reportyak.com/blog/environmental-impact-assessment-report/.

⁶⁷ A Manual for National Human Rights Institutions The United Nations Declaration on the Rights of Indigenous Peoples.  (2023).

https://www.ohchr.org/sites/default/files/Documents/Issues/IPeoples/UNDRIPManualForNHRIs.pdf.

⁶⁸ Protecting indigenous rights is key to a sustainable future. (2024, April 25). Davies Collison Cave. https://dcc.com/news-and-insights/protecting-indigenous-rights-is-key-to-a-sustainable-future/.