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Contributed by Fong Lee Wee, Member, Committee on Orang Asli Rights, and Greg Das, Pupil in Chambers, with photos by Ambran Abu Bakar, Administrative Assistant, Bar Council

The seminar entitled “Rights Denied — The Orang Asli Struggle Continues!”, organised by the Bar Council Committee on Orang Asli Rights (“COAR”), was held on 19 Nov 2011 at the Raja Aziz Addruse Auditorium.

It was a well-attended event, with participation by individuals from various disciplines.  The Orang Asli themselves showed up in full force and full regalia, strikingly attired in their customary headgear and bamboo sashes.

The seminar aimed to raise awareness of the struggles faced by the Orang Asli – the indigenous peoples of Malaysia – and to provide an avenue through which those problems could be addressed.  The event undoubtedly achieved both objectives.

Ambiga Sreenevasan, Co-Chairperson of COAR, commenced the day’s programme by delivering the opening address.  She made particular reference to the current lack of respect afforded to the Orang Asli’s “tanah adat” (ancestral lands), which she said was part and parcel of their culture and identity.  She subsequently launched the Bar Council Orang Asli Defence Fund, established to help defray the expenses incurred by lawyers handling Orang Asli cases.  This was a significant development in the effort to protect the rights of the Orang Asli, as such cases were often done on a pro bono basis.


Dr Colin Nicholas, Coordinator of the Center for Orang Asli Concerns, then presented a slideshow on the current challenges faced by the Orang Asli.  He observed that the problems they encountered often resulted from the failure of the authorities to adhere to the provisions of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).  He specified that the Orang Asli were habitually denied the right to free, prior and informed consent when matters involving their land rights were in issue.


Just before the tea break, the participants were treated to a screening of the award-winning documentary film Hak Dinafikan (Rights Denied).  The film recounted the pertinent events in the history of the Orang Asli in Malaysia, from their oppression at the hands of the Batak people in the 19th century to the 2010 protest march to the Prime Minister’s Office in Putrajaya in the wake of proposed statutory amendments affecting their entitlement to their ancestral lands.

The film was followed by five case presentations on the problems faced by the Orang Asli in different parts of Peninsular Malaysia:


Although the presentations focused on different regions within the peninsula, they revealed that the problems encountered by the Orang Asli were similar, and equally distressing.  The issues raised included the derisory compensation paid for the acquisition of ancestral lands; the lack of consultation before decisions affecting the Orang Asli’s land rights were made; and the poor housing and land conditions faced by the Orang Asli.  During each presentation, members of the affected Orang Asli villages were invited to share their views, which was particularly enlightening as the audience gained first-hand exposure to the harrowing testimonies of the affected persons.


Steven Thiru, Co-Chairperson of COAR, and Jessica Binwani, Member of the Bar, then delivered a presentation on the importance of handling Orang Asli claims on a pro bono basis. They emphasised that there was a clear demand for lawyers to assist in Orang Asli cases, primarily because of the strenuous preparation involved.  Accordingly, a “recruitment drive” ensued, during which legally-trained participants were invited to volunteer to assist in the preparation of pending cases.  The request for volunteers was met with heartening enthusiasm, as the lawyers, pupils in chambers and attachment students in attendance did not hesitate to offer their services.

After the lunch break, Hasmah bt Abdul Manaf from the Human Rights Commission of Malaysia (“SUHAKAM”) spoke on the ongoing national inquiry into the land rights of indigenous peoples.  She referred to the many complaints SUHAKAM had received from various Orang Asli communities relating to the frequent infringement of their human rights concerning their ancestral lands.

A group of legal practitioners and academics then conducted a series of practical training sessions on the legal issues contained in Orang Asli cases:


The three training sessions were instructive.  In particular, they evoked an illuminating debate on the appropriate modes of commencement for Orang Asli claims.  Importantly, the sessions introduced the many young lawyers present to the important principles and evidential rules contained in this somewhat esoteric area of law.

During the seminar Dr Colin Nicholas observed that it was appropriate that the event was held in an auditorium named in honour of the late Raja Aziz Addruse, as the latter had often been in the vanguard of the fight to safeguard the rights of the Orang Asli.  It was therefore encouraging to see many young lawyers at the seminar who were willing to follow suit.  The event was yet another indication that the Orang Asli did not stand alone in the challenges they face, and they could thus be confident of the steadfast support of the legal community for many years to come.

The seminar ended with Steven Thiru’s closing address, in which he stated that the problems faced by the Orang Asli were still very much alive, despite assurances by the authorities that suggest otherwise.  He highlighted that it was incumbent on lawyers to involve themselves in Orang Asli cases, as one of their first duties as legal professionals was to “provide a voice to the voiceless”.