Defer Orang Asli land law amendment, urge groups

The recent announcement by the Orang Asli Development Department (JAKOA) in relation to the finalisation of the proposed Orang Asli land titles policy and the government’s intention to proceed with the amendments to laws on the Orang Asli have irked both human rights and legal groups.

They urged the government to fully consult and obtain consent from native communities before finalising any new policies and legislation with regard to the customary lands of the Orang Asli.

In a statement issued yesterday, Human Rights Commission of Malaysia (Suhakam) chairperson Hasmy Agam expressed its disappointment at the intention of the government to proceed with the tabling of amendments to the Aboriginal Peoples Act 1954 (Act 134) in Parliament.

“The commission recalls its request to the government to delay the tabling of any amendments to the Aboriginal Peoples Act until after the completion of its National Inquiry into the Land Rights of the Indigenous Peoples (National Inquiry) scheduled for the middle of 2012.

It wanted the authority to defer the process until all efforts have been made to obtain free, prior and informed consent from all stakeholders, especially the affected Orang Asli.

The commission, in its Annual Report 2008, had reminded the government of its fiduciary obligation to consult and obtain consent from native communities prior to taking any actions that may infringe on their native title rights.

Hasmy pointed out that this is consistent with the principles contained in the United Nations Declaration on the Rights of the Indigenous Peoples (UNDRIP), which Malaysia has committed itself to uphold.

“Furthermore, the federal constitution and relevant court decisions recognise and uphold the status of Orang Asli and their land rights as well as the special relationship between these communities and their lands.

“Recognition of and protection for native title is also required as part of the constitutional right to livelihood, which guarantees native title based on the essential role of land in the economies and cultural identity of native communities,” he said.

The ongoing National Inquiry is part of the Suhakam’s commitment to look into the systemic land issues and other matters related to the Orang Asli native land with the purpose to make specific proposals to deal with the issues in a comprehensive manner.

Earlier Orang Asli protest in 2010

Suhakam’s view was echoed by the Malaysian Bar in a statement issued two days ago by its president Lim Chee Wee.

He claimed that the government has once again not engaged in prior consultation with Orang Asli communities and failed to obtain their consent in finalising the Orang Asli land titles policy.  

Stemming from the Orang Asli’s earlier objection to a proposed land titles policy through its protest memorandum and peaceful demonstration in Putrajaya on March 17, 2010, the Malaysian Bar had previously requested that the government furnish in advance any future policies affecting Orang Asli lands and corresponding amendments to the law to all stakeholders, including the Malaysian Bar, in order to facilitate meaningful prior consultation with all affected Orang Asli.  

However, Lim said the deafening silence from the government in not responding to this request and the recent announcement imply its continued lack of will to engage meaningfully with the Orang Asli.  

“It is unacceptable that a Member State of the United Nations and Human Right Council disregards the principles contained in the UNDRIP with such impunity in its domestic practice of international norms.  

“In this regard, any attempt to deny the status of Orang Asli and their land rights is also a clear violation of their fundamental rights guaranteed under the federal constitution,” he stressed.

Lim further pointed out that the implementation of previous government-imposed integration policies that caused the coerced resettlement of Orang Asli will result in Orang Asli losing out on their customary lands that they rightfully possess, and eventually their identity as a distinct indigenous group of peoples.  

“In addition to extricating Orang Asli from their source of livelihood, physical and spiritual way of life, and economic, social and cultural heritage, Orang Asli who are deprived of their lands are also being stripped of their rights to life, equality and property, fundamental liberties and, rights guaranteed to all Malaysians under the federal constitution.”

Therefore, Lim called upon the government to consider the culminating Suhakam’s National Inquiry report that would be made available in June 2012 in formulating, with the effective participation of all indigenous communities, including Orang Asli, reforms to indigenous land rights.

“To facilitate this process and to avoid rendering the Suhakam inquiry superfluous, we appeal to the government to desist from proceeding with any land policy affecting Orang Asli pending the outcome of the Suhakam inquiry.”