scholarly journals THE ABORIGINAL PEOPLES ACT 1954 AND THE RECOGNITION OF ORANG ASLI LAND RIGHTS

2015 ◽  
Author(s):  
Izawati Wook
Keyword(s):  
Indigenous Peoples ◽  
Legal History ◽  
Land Rights ◽  
Peninsular Malaysia ◽  
The State ◽  
Historical Background ◽  
Aboriginal Peoples ◽  
Orang Asli ◽  
Prevailing View ◽  
At Will

The prevailing view about the Orang Asli’s occupation of land and access to forest resources are that they are ‘privileges’ extended by the states or at the governments’ discretion. It is widely believed that the Orang Asli live on the State land as tenant-at-will. This paper proposes to examine the position of the Aboriginal Peoples Act 1954 (Act 153) (the APA) and trace its historical background. It takes both historical and doctrinal approaches in the legal research methodology. Situated within this historical background, the principle that developed from it and the position of the laws, the paper argues that under the principle of respect to the rights of the existing inhabitants, the law recognizes the rights of the Orang Asli to their land and resources that arose from their custom and practice. The APA establishes a framework to recognize and protect these rights. There is no legal basis for the perception that the Orang Asli live on the State land on the benevolence of the State. Keywords: Legal history; Aboriginal Peoples Act 1954; Indigenous peoples; Orang Asli; Peninsular Malaysia.

scholarly journals Ethnicity, Indigeneity and Indigenous Rights: The ‘Orang Asli’ Experience

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Yogeswaran Subramaniam
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Rights ◽  
Peninsular Malaysia ◽  
The State ◽  
Orang Asli ◽  
The People ◽  
Starting Point ◽  
Statutory Protection ◽  
United Nations Declaration ◽  
The Impact

<em>Orang Asli, the Indigenous minority of Peninsular Malaysia, continue to face formidable challenges in realizing their rights as distinct Indigenous peoples despite being ascribed a measure of constitutional and statutory protection. With reference the 2007 United Nations Declaration on the Rights of Indigenous People and various international definitions of ‘Indigenous peoples’, this paper examines the impact of the term ‘Orang Asli’ on the Orang Asli struggle for the recognition of their rights as Indigenous Peoples. The term ‘Orang Asli’, an officially-constructed term to describe heterogeneous groups of people considered to be ‘aboriginal’, has since gained acceptance by the people categorized as such and has been used to advocate their rights as Indigenous peoples with relative success. However, the term carries legal implications which continue to place Orang Asli ethnicity and identity under the protection and equally, the control of the state. The extensive legal powers possessed by the state are arguably inconsistent of international norms on Indigenos rights and can additionally function as a tool to deny Orang Asli their attendant rights as Indigenous peoples. More importantly, the continued existence of these powers potentially functions to reinforce existing domestic challenges that Orang Asli face in finding their rightful place as distinct Indigenous peoples in the light of: (1) competing notions of Indigeneity vis-à-vis ethnic Malays; (2) historical discrimination against Orang Asli that continues to persist; and (3) Indigenous rights being construed as a possible hindrance to national economic prosperity. A possible starting point for the reconciliation of these matters may be to legally clarify the term ‘Orang Asli’ in a manner that sustains and respects the Orang Asli community as distinct Indigenous peoples while not threatening the existing special constitutional position afforded to ethnic Malays.</em>

Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

2020 ◽  
pp. 1-21
Author(s):  
Muhamad Sayuti Hassan ◽  
Rohaida Nordin
Keyword(s):  
Political Participation ◽  
International Law ◽  
Aboriginal People ◽  
Well Being ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Aboriginal Peoples ◽  
Orang Asli ◽  
The Right

The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether the Aboriginal Peoples Act 1954 (apa) can provide for the protection, well-being, and the advancement of the Orang Asli. Arguably, the existing provisions of the apa are not in conformity with the recognition in undrip and in no way guarantee the Orang Asli’s right to self-determination as recognised by international law. Thus, the current study recommends an amendment to the apa and introduces guidelines to empower political participation of the Orang Asli by incorporating the principles of undrip. The amendment is necessary to ensure that the protection of the right to self-determination of the Orang Asli is compatible with international law standards.

scholarly journals Self-Determination of Indigenous Peoples in Greenland: A Comparison with The Orang Asli in Peninsular Malaysia

2021 ◽  
Vol 29 ◽  
pp. 39-48
Author(s):  
Hashimah Abdul Halim ◽  
Rohaida Nordin
Keyword(s):  
Indigenous Peoples ◽  
Peninsular Malaysia ◽  
Self Determination ◽  
Legal Analysis ◽  
Orang Asli ◽  
Political Status ◽  
Economical Development ◽  
The Right ◽  
Laws And Regulations

For many years, the indigenous peoples had been experiencing various acts of marginalisation and discrimination. However, to this day, the definitions and rights of the indigenous peoples in certain jurisdictions are still left ambiguous. These rights includes the right to self-determination which, on the surface, is linked to freedom to choose political status and cultural or economical development and can be considered as one of the vital rights for indigenous peoples as it allows the community to decide on various aspects of their lives. Looking beyond that, this concept can be further classified into external and internal self-determination and each country may adopt a different approach to this right. As Greenland has a relatively higher population of indigenous peoples, the laws and regulations on indigenous peoples can be distinct. Therefore, this study examines the availability of self-determination policies and possible issues on it’s implementation in Greenland in comparison to the rights of the Orang Asli in Peninsular Malaysia. By using critical legal analysis, this study provides an insight to the exercise of self-determination rights of the indigenous peoples in other jurisdiction and the relevancy of the same right in Malaysia which can help to identify certain aspects to be improved on in the existing national indigenous peoples’ rights laws.

scholarly journals CUSTOMARY LAND RIGHTS OF ORANG ASLI: A CASE STUDY IN KAMPUNG PARIT GONG, NEGERI SEMBILAN, MALAYSIA

2021 ◽  
Vol 12 (Number 1) ◽  
pp. 199-217
Author(s):  
Kamilah Wati Mohd ◽  
Fareed Mohd Hassan ◽  
Intan Nadia Ghulam Khan ◽  
Izawati Wook
Keyword(s):  
Group Discussion ◽  
Land Rights ◽  
Peninsular Malaysia ◽  
State Governments ◽  
Orang Asli ◽  
Minority Community ◽  
Library Research ◽  
The Common ◽  
Customary Land

The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘adat perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security over their rights on the said customary land and the guarantee of their future generations’ socio-economic wellbeing. Having said that, this paper proposes several legal and administrative measures to not only address the uprising issues, but also to ascertain that the rights of Orang Asli residing in Peninsular Malaysia are secured.

scholarly journals The upper respiratory tract microbiome of indigenous Orang Asli in north-eastern Peninsular Malaysia

2020 ◽  
Author(s):  
D. W. Cleary ◽  
D. E. Morris ◽  
R. A. Anderson ◽  
J. Jones ◽  
A. G. Alattraqchi ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Respiratory Health ◽  
Acute Infection ◽  
Peninsular Malaysia ◽  
Upper Respiratory Tract ◽  
Pneumococcal Serotypes ◽  
Orang Asli ◽  
The North ◽  
Vaccine Type ◽  
North Eastern

BackgroundMicrobiome research has focused on populations that are predominantly of European descent, and from narrow demographics that do not capture the socio-economic and lifestyle differences which impact human health. This limits our understanding of human-host microbiota interactions in their broadest sense. Here we examined the airway microbiology of the Orang Asli, the indigenous peoples of Malaysia. In addition to exploring the carriage and antimicrobial resistance of important respiratory pathobionts, we also present the first investigation of the nasal microbiomes of these indigenous peoples, in addition to their oral microbiomes.ResultsA total of 130 participants were recruited to the study from Kampung Sungai Pergam and Kampung Berua, both sites in the north-eastern state of Terengganu in Peninsular Malaysia. High levels of Staphylococcus aureus carriage were observed, particularly in the 18-65 age group (n=17/36; 47.2% 95%CI: 30.9-63.5). The highest carriage of pneumococci was in the <5 and 5 to 17 year olds, with 57.1% (4/7) and 49.2% (30/61) respectively. Sixteen pneumococcal serotypes were identified, the most common being the non-vaccine type 23A (14.6%) and the vaccine type 6B (9.8%). The nasal microbiome was significantly more diverse in those aged 5-17 years compared to 50+ years (p = 0.023). In addition, samples clustered by age (PERMANOVA analysis of the Bray-Curtis distance, p = 0.001). Hierarchical clustering of Bray-Curtis dissimilarity scores revealed six microbiome types. The largest cluster (n=28; 35.4%) had a marked abundance of Corynebacterium.Others comprised Corynebacterium with Dolosigranulum, two clusters were definable by the presence of Moraxella, one with and the other without Haemophilus, a small grouping of Delftia/ Ochrobactum profiles and one with Streptococcus. No Staphylococcus profiles were observed. In the oral microbiomes Streptococcus, Neisseria and Haemophilus were dominant. Lower levels of Prevotella, Rothia, Porphyromonas, Veillonella and Aggregatibacter were also among the eight most observed genera.ConclusionsWe present the first study of Orang Asli airway microbiomes and pathobiont microbiology. Key findings include the prevalence of pneumococcal serotypes that would be covered by pneumococcal conjugate vaccines if introduced into a Malaysian national immunisation schedule, and the high level of S. aureus carriage. The dominance of Corynebacterium in the airway microbiomes is particularly intriguing given its’ consideration as a potentially protective commensal with respect to acute infection and respiratory health.

From Land Tenure Changes to Land-Grabs

2018 ◽  
Author(s):  
Peer Ghulam Nabi Suhail
Keyword(s):  
Land Tenure ◽  
Land Rights ◽  
The State ◽  
Historical Background ◽  
Land Acquisition ◽  
Land Grabbing ◽  
Historical Account ◽  
Land Reforms ◽  
Current Wave ◽  
Land Grabs

This chapter provides a historical account of land rights and land tenure changes in Kashmir. It also explains land reforms in Kashmir, and how these land reforms look like. It further discusses how these land reforms took place and how the rights of the peasants were affected due to land reforms. The chapter discusses, that while land reforms provided land to the tiller, they did not stop them from getting dispossessed and displaced during the current wave of land-grabbing. It also explains the historical background of Badwan and Khopri, besides presenting the geographical, administrative, and a brief socio-economic sketch of the two villages. The functioning of NHPC in the state, the process of land acquisition, and the arrival of external capital in Gurez has also been explained.

scholarly journals Double-burden of malnutrition among the indigenous peoples (Orang Asli) of Peninsular Malaysia

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
C. Y. Wong ◽  
M. S. Zalilah ◽  
E. Y. Chua ◽  
S. Norhasmah ◽  
Y. S. Chin ◽  
...  
Keyword(s):  
Indigenous Peoples ◽  
Peninsular Malaysia ◽  
Double Burden ◽  
Orang Asli ◽  
Double Burden Of Malnutrition

scholarly journals Antinomi Regulations on the Recognition and Enforcement of Ulayat Right from Indigenous Peoples

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Rianda Dirkareshza ◽  
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Indigenous Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Agrarian Law ◽  
The Right ◽  
As If ◽  
Laws And Regulations

Ulayat Right is a historical right owned by tribal groups scattered throughout Indonesia that contains the value of local wisdom in the arrangement of control, use, utilization, supply, and maintenance of agrarian resources. The substance of Ulayat Right and the organization of the power of indigenous peoples as the executor of the authority of Ulayat Right became a model in the development of agrarian law Nasional as stated in the Basic Agrarian Law (UUPA). The state has an obligation to recognize in the sense of respect while protecting and fulfilling what is the right of every citizen. One of them is the right of control and ownership of Ulayat Right that until now has not been implemented optimally, as if the mastery and ownership of Ulayat Right by indigenous peoples is not fully accessible from the LAW and other laws and regulations. Based on the background of the above problems, the purpose of this paper is to review the Antinomics of The Ulayat Right Regulation of Indigenous Peoples with public-private and private-dimensional ulayat land and explore and analyze the urgency of protection of Indigenous Peoples' Rights in Indonesia. This paper is normative research, the approach used is a statutory approach (statute approach), presented descriptively-perspective and analyzed qualitatively. The conclusion in this paper Is the Authority of the Indigenous Law Community, while the private dimension appears in the manifestation of Ulayat Right as belonging together. So that the scope includes recognition and confirmation, granting of land rights on Ulayat Right, transfer and eradication of indemnity rights and the removal of private Ulayat Right. Therefore, it is necessary to establish a draft law governing the Rights of Indigenous Peoples.

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