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Bar Council had previously taken up Orang Asli issues through a working group set up by the Bar Council Human Rights Committee.  With many pressing issues afflicting the Orang Asli, in particular concerning their health and ancestral land rights, the need for a specific committee to concentrate on Orang Asli rights became urgent.

The Committee on Orang Asli Rights (“COAR”) was formed at the start of the 2010/2011 term.  Chaired by Ambiga Sreenevasan, the first COAR meeting was held on 11 May 2010 attended by all its seven members.  Today, the membership of COAR has grown to 23 members, consisting of Members of the Bar and non-Members.  COAR has held six more meetings since then, on 24 June, 14 July, 23 Aug, 23 Sept, 22 Oct and 26 Nov.

On 24 June 2010, Bar Council issued a press release entitled “Consult Orang Asli on land amendments”.  In it, the Malaysian Bar stated its opposition to the Government’s attempt to hasten land amendments to the Aboriginal Peoples Act 1954 through Parliament without the benefit of feedback from all concerned parties after they have been given an opportunity to fully consider the proposals.  Despite repeated requests, the Ministry of Rural and Regional Development has not disclosed the content of the proposed amendments. 

In the press release, the Malaysian Bar urged the Government to remember the obligations it undertook when Malaysia voted, at both the United Nations Human Rights Council and the United Nations General Assembly, in favour of adopting the United Nations Declaration on the Rights of Indigenous Peoples 2007.  In accordance with that Declaration, the Government has a duty to halt any steps to amend or introduce any legislation affecting the Orang Asli’s ancestral lands, until it “consults and cooperates in good faith” with the affected communities, and obtains their “free, prior and informed consent”.
 
Bar Council held a press conference on 4 Oct 2010 and issued a press release entitled “Stop police harassment of Orang Asli” on the same day.  Following that, on 9 Oct 2010, COAR organised a public forum entitled “Polisi Tanah Orang Asli: Impaknya”.  Around twenty Tok Batins (heads of villages) and approximately 192 Orang Asli from seven states - Selangor, Perak, Pahang, Negeri Sembilan, Malacca, Kelantan and Johore - attended the forum.  YB Elizabeth Wong, Chairman of the Selangor Tourism, Consumer Affairs and Environment Committee, Members of the Bar and members of the public listened attentively while the Orang Asli voiced out accounts of infringement of their land rights and other concerns that ranged from poor health facilities to threats of imprisonment from Jabatan Hal Ehwal Orang Asli, a governmental body entrusted to look after the affairs of the Orang Asli.

Pursuant to the forum, Bar Council is organising a one-day workshop for Members of the Bar on 4 Dec 2010 on “Native Title Rights – the Issues, Claims and the Law”.  The Workshop aims to equip advocates and solicitors with the fundamentals of the law and practice on native customary rights claims.

Ambiga Sreenevasan
Chairperson
Committee on Orang Asli Rights

Dated 1 Dec 2010

Members:
(1)    Ambiga Sreenevasan (Chairperson)
(2)    Steven Thiru (Deputy Chairperson)

Members:
(3)    Ab Halim b Abdullah
(4)    Alison Murugesu
(5)    Amani Williams-Hunt
(6)    Andrew Khoo Chin Hock
(7)    Augustine Anthony
(8)    Capt Ghani Ishak
(9)    Cherian K C Kuruvila
(10)    Chong Siew Ean
(11)    Colin Nicholas
(12)    Dara Waheda Mohd Rufin
(13)    Elwan Fonso Itam Wali
(14)    Hon Kai Ping
(15)    Manolan Mohamad
(16)    Ramy Bulan
(17)    Saha Deva A Arunasalam
(18)    Siti Zabedah Kasim
(19)    Sokyen Man
(20)    Tijah Yop Chopil
(21)    Yang Pei Keng
(22)    Yogeswaran Subramaniam
(23)    Zaitonbi bt Mustan

Officer-in-charge: Christina Adele Gomez