Malaysia- 1st- Land

By Daniel Morris | 13. January 2026

THEMATIC PRIORITY 1: GOVERNANCE

UNGP PILLAR 3

No.: G3.9

Action: In the context of SLAPP, BHEUU reverse the legal burden of proof from those affected to the State and business for BHR-related litigation and enhance the range of defences available to defendants.

Output Indicator(s):

  • Enactment of Anti-SLAPP legislation that underscores the rights of affected communities and ensures mechanisms for robust discovery.
  • The specific experience of Indigenous Peoples is recognised in SLAPP-related legislation, pertaining the use and ownership of native ancestral lands.
  • The legal framework is extended to include all communities affected by corporate harms, including farmers and small-scale fishers

Collaborative Partner(s): BHEUU

THEMATIC PRIORITY 3: ENVIRONMENT

UNGP PILLLAR 1

ENVIRONMENTAL JUSTICE

No.: E1.21

Action: Conduct a feasibility study on the ratification of the Tribal Peoples Convention, 1989 (No. 169) of the ILO.

Output indicators:

  • Evidence, insights and recommendations are developed that define entry points towards the ratification Convention.
  • Policy reforms and institutional measures are undertaken in alignment with SUHAKAM’s National Inquiry into the Land Rights of Indigenous Peoples in Malaysia (2013) report.
  • Indigenous representatives are formally included in the policy process at both federal and state levels.

Collaborative partner(s): KKDW; SUHAKAM; related State agencies; IGOs; CSOs; EHRDs

THEMATIC AREA 3: ENVIRONMENT

ACCESS TO REMEDY

No.: E3.1

Action: Establish a specialised body such as the National Green Tribunal (NGT) in India or the Land and Environment Court of New South Wales in Australia, tasked with adjudicating environment-based litigation and capable of delivering time-sensitive decisions.

Output Indicator(s):

  • An environmental adjudication body, such as a tribunal, is legally established that has the required mandate, functions, expertise and experience to promote rightsholders’ ability to hold business accountable for environmental rights harms.
  • The institutional mechanism enables effective ADR pathways on environmental disputes; specialised responses and accessible procedures for women, youth, and children; provisions for legal aid for communities who cannot afford or access legal resources; access to independent or technical experts; and the use of local languages of members of the impacted community.

Collaborative Partner(s): BHEUU; NRES; SUHAKAM; AIAC; JBG; Bar Council