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The Malaysian Bar is disappointed with the statement, made by former Prime Minister Dr Mahathir Mohamad in his blog, disputing the status of the Orang Asli of peninsular Malaysia and their rights in ancestral land.  Dr Mahathir’s views are just plain and simply wrong.

There is ample historical evidence that the Orang Asli have continuously occupied lands and resided in various parts of peninsular Malaysia for thousands of years.  They have lived as an organised society, with their own form of self-government, customs, traditions and practices.  In this regard, the Court of Appeal in the Sagong Tasi case recognised the Orang Asli as the “First People” of the land.  They had a common law right in their customary ancestral land.  Their common law proprietary interest in their land was also recognised by the Federal Court in the Madelli Salleh case, and in two other Court of Appeal cases, namely Adong Bin Kuwau and Nyok Anak Nyawai.

Further, both the Federal Constitution and the Aboriginal Peoples Act 1954 have recognised the status of the Orang Asli and their customary rights in their ancestral land.

As a Member State of the United Nations that voted in favour of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) in 2007, Malaysia is both morally and legally committed to recognising and protecting the status and proprietary rights of aboriginal peoples.  The Malaysian Bar therefore rejects any attempt by the likes of Dr Mahathir and his ilk to deny the status of the Orang Asli and their land rights.

What has in fact transpired has been a systematic denial of the rights of the Orang Asli, along with the implementation of Government-imposed integration policies that cause their coerced resettlement.  Communities have been removed from their sources of livelihood, their physical and spiritual way of life and their economic, social and cultural heritage that have been practised, and have evolved, over centuries.  Most Orang Asli are not able to fully enjoy their fundamental human rights because their traditions, customs and values are being eroded and their needs have long been neglected. 

The Malaysian Bar urges the Government to be steadfast at all times in upholding and honouring the obligations it undertook when Malaysia voted in favour of adopting UNDRIP.  In accordance with UNDRIP, 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 not to act in any manner inconsistent with those rights.

The Malaysian Bar also calls upon the Federal and State Governments to immediately halt any steps to amend or introduce any legislation affecting the Orang Asli’s ancestral lands, until a process of consultation is conducted with the affected communities, and their free, prior and informed consent and cooperation are obtained.  Without this preliminary measure, the Government’s vote in favour of adopting UNDRIP that, inter alia, reiterates the right of Orang Asli to self-determination, rings hollow.

Additionally, the gift of being Malaysian is to celebrate the diversity that all of us enjoy.  Diversity is our strength, and not a hindrance.  We should reject Dr Mahathir’s idea that there should be a “one size fits all” Malaysian.
 
Lim Chee Wee
President
Malaysian Bar

15 Mar 2011