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The Malaysian Bar is concerned that the Government proposes to expedite the passage of amendments to the Aboriginal Peoples Act 1954 through Parliament.

It is imperative that these proposed amendments, which are substantial and will have serious repercussions upon the Orang Asli and their rights to their ancestral lands, be thoroughly discussed and seriously considered beforehand.  It is incumbent upon the Government to take into account the views of the Orang Asli, who oppose those amendments.  Their concerns, and the reasons for their opposition to the reforms, have been duly communicated to the Minister concerned, Rural and Regional Development Minister Dato’ Seri Mohd Shafie Apdal.

The Malaysian Bar calls for the Government to immediately make public the proposed amendments and to allow for a comprehensive and frank discussion with all the relevant stakeholders before the proposals are tabled in Parliament.  We oppose any attempt to hasten the amendments through Parliament without the benefit of feedback from all concerned parties after they have been given an opportunity to fully consider the proposals. 

We urge the Government to remember at all times 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”.

We call on the Government to fulfil its obligation to accord full respect to the rights of indigenous peoples, pursuant to the Declaration, and not to act in any manner inconsistent with those rights.

Ragunath Kesavan
President
Malaysian Bar

24 June 2010