ORANG ASLI
The Orang Asli (lit:natural people) are referred to as 'aborigine' in Article 160(2) of the Federal Constitution. They are separated from the other indigenous groups mentioned therein viz. the Malays and the natives of Sabah and Sarawak.
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The OA are the earliest heterogenous people-groups to inhabit the Malaya Peninsular namely the Negrito (Northern), the Sengoi (Central) and the Pro-Malay (Southern). These three people-groups are sub-divided into 18 ethnic groups based on their 'micro' differences (dialects and customs) attributed mostly to geographical and socio-economical factors. However, the categorization of the OA people-groups by the authority in the 60's are at best superficial and at worst an ideological imposition.
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At 147,500 population (2003 census) they represent a mere 0.6 per cent of the national population. There are about 869 Orang Asli villages throughout the country, 2% are located at the vicinity of existing townships, 61% in the outskirt of existing rural villages and 37% are in the remote areas.
Article 8(5)(c) of the Federal Constitution
"... for the protection, well-being or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service."
The main problems facing the Orang Asli with regard to their customary lands (and therefore Cultural-socio-economic well-being) is one in which the government has failed in its statutory duty to protect Orang Asli lands from encroachment, exploitation and appropriation by others (including government itself).
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However, frequently held by the authorities that in the reservation and alienation of lands for the Orang Asli, the Federal Constitution appears not to be on side of the Orang Asli. The Offficers of the Department of Orang AsliAffairs (JHEOA), in particular, frequently assert that because the Federal Constitution provides that all matters pertaining to land comes under the purviiew of the individual states (Ninth Schedule, State List No. 2), this provision hinders the establishment of land reserves for the Orang Asli as provided in Article 8(5)(c). Basically they argue that while the Orang Asli area federal matter, land is a state matter. As such, their hands are tied in this regard.
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But, the Federal Constitution does actually contain adequate provisions for the Federal Government to establish these land reserves. Specifically, the acquisition of land for the creation of reserves for Orang Asli comes within the meaning of the definition of "Federal purposes" contained in Article 160(2).
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The Orang Asli in Peninsula Malaysia enjoy certain rights by virtue of their primal presence in this peninsula. This is recognised in the Federal Constitution, provided for in the Aboriginal Peoples Act and fleshed out in the 1961 Policy Statement. All of these rights are consistent with the provisions in various international documents including that of the United Nations Declaration on the Rights of Indigenous People and the International Labour Organisation (ILO) Convention 169 on Indigenous and Tribal Peoples.
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It appears that even the Ministry of Rural and Regional Development - the current Ministry responsible for the 'administration' of the Orang Asli - is inclined towards recognising that the Orang Asli have certain special rights and that these are to be protected. This is stated in a presentatition of the Ministry to an international audience at the International Conference on the Indigenous People, organised by the Centre for Malaysian Pribumi Studies in July 2005 where it was proclaimed that "the Government's intention is to bring the Orang Asli community into the mainstream of national development without depriving them of their rights."