13mp Orang Asli Activists Want Concrete Details Engagement

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Orang Asli activists are demanding concrete details and stakeholder engagement regarding the government’s plans to improve the community’s welfare under the 13th Malaysia Plan.
Centre for Orang Asli Concerns coordinator Colin Nicholas said Prime Minister Anwar Ibrahim’s announcements revealed nothing new compared to what has been discussed for months.
“What would be something new is telling us exactly what it is going to change or amend, not that he is going to amend the (Aboriginal Peoples Act 1954). What is going to be the content of the amendments?” he told Malaysiakini yesterday.
He expressed concern that the upcoming amendments could further a 2009 government policy of recognising lands settled and cultivated by the Orang Asli, but not the broader native customary lands used for purposes like hunting and foraging.
ADS“Basically, the forest will be lost to them,” Nicholas said, noting that the government has not given any indications that such recognition will be forthcoming.
Centre for Orang Asli Concerns coordinator Colin NicholasMeanwhile, Orang Asli activist Zurdi Baharu urged the government to respect the community’s right to self-determination and uphold the principle of free, prior, and informed consent in drafting the amendments.
This includes appointing Orang Asli elected representatives, NGOs, scholars, activists, and other stakeholders to form an independent National Commission on Indigenous Peoples, as recommended in Suhakam’s 2013 report on a national inquiry on Orang Asli land issues.
“Hopefully then, the Madani government’s agenda in the 13th Malaysia Plan can be realised without recurring conflicts, which is that the Orang Asli’s (lack of) rights to self-determination becomes a main cause of oppression,” Zurdi said in a statement to Malaysiakini.
He also suggested that the Orang Asli community could take the government to court on accusations of procedural unfairness if the government does not reveal its planned amendments.
“If the amendments have a huge impact on customary land, heritage rights, or livelihood, the Orang Asli community has locus standi (right to bring an action to court).
“The government cannot hide the draft amendment if it has a huge impact on minority groups,” he said.
More laws needed
Anwar tabled the 13th Malaysia Plan in Parliament on July 31.
Among others, he said the Aboriginal Peoples Act will be reviewed to improve the legal framework for the community’s land ownership rights, education, and infrastructure.
The law, which was last amended in 1975, provided for setting up the Orang Asli Development Department (Jakoa) to oversee Orang Asli affairs, gazetting Orang Asli reserves, Orang Asli land rights, and prohibiting the adoption of Orang Asli children outside their tribe.
ADSNicholas, however, reiterated his criticism that one law cannot handle all aspects of Orang Asli rights.
He said there should be a separate law specifically to deal with the issue of Orang Asli land rights, based on a draft proposed by civil society in 2000.
Another piece of legislation would deal with other issues of welfare, education, health, and infrastructure.
Under these provisions, Jakoa should become a service agency for the Orang Asli, rather than being a body to manage and control them, he said. - Mkini

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