On 19 December 2025, the Malaysian Bar welcomed a delegation comprising 18 organisations representing the Orang Asli community and Orang Asli-related civil society organisations. The delegation comprised the following:
(1) Jaringan Kampung Orang Asli Semenanjung Malaysia (“JKOASM”)
(2) Persatuan Suku Jakun Pahang (“PSJP”)
(3) Apa Kata Wanita Orang Asli (“AKWOA”)
(4) Jaringan Orang Asal SeMalaysia (“JOAS”)
(5) Jaringan Kampung Orang Asli Negeri Sembilan
(6) Pusat KOMAS
(7) Persatuan Penduduk Kampung Ayer Denak (“PPKAD”)
(8) Komuniti Jaringan Temiar Pos Kuala Mu, Perak
(9) Pertubuhan Wanita Orang Asal Malaysia (“PWOAM”)
(10) Jaringan Kampung Orang Asli Kelantan (“JKOAK”)
(11) Persatuan Orang Asli Semenanjung Malaysia (“POASM”)
(12) Pertubuhan Kebajikan Komuniti Jahut/Jahet Pahang (“PKKJP”)
(13) Persatuan Kebajikan dan Adat Orang Asli Semai Perak
(14) Centre for Orang Asli Concerns (“COAC”)
(15) Jaringan Batin Ulu Perak
(16) Jaringan Kampungan Orang Asli Johor (“JPOAJ”)
(17) Jaringan Kampungan Orang Asli Pengkalan Daun
(18) Majlis Belia Orang Asli Malaysia (“MBOAM”)
The delegation presented to the Malaysian Bar a memorandum titled “Cadangan Pindaan Akta Orang Asli 1954 (Akta 134) dari Masyarakat & NGO2 Orang Asli”.
Through the memorandum, the delegation voiced serious concerns regarding the proposed amendments to the Orang Asli Act 1954 (Act 134), in particular that the above-listed Orang Asli groups and organisations were not afforded a genuine opportunity to be consulted, to express their views or to provide feedback on amendments that directly and profoundly affect their rights, livelihood, land, culture and future. The Malaysian Bar notes that these concerns go to the heart of participatory governance, the rule of law and respect for the rights of indigenous peoples.
The Malaysian Bar reiterates that meaningful consultation is not merely a formality, but an essential component of lawful, fair and legitimate decision-making, especially where legislative reforms impact vulnerable and marginalised communities. In this regard, the Malaysian Bar emphasises the well-established Gunning Principles, which set out the minimum standards for a lawful and proper consultation process:
(1) The proposals must still be at a formative stage. Consultation is only meaningful where decisions have not already been made or predetermined by decision-makers. Stakeholders must be able to influence outcomes, not merely react to decisions that are already final;
(2) Sufficient information must be provided to enable intelligent consideration and response. The information shared must be relevant to the proposed amendments, accessible and presented in a manner that is clear and easily understood, so that consultees are able to give informed and considered feedback;
(3) Adequate time must be given for consideration and response. While there is no rigid or universally applicable time frame, consultees must be afforded sufficient opportunity to engage meaningfully with the proposals. The length of the consultation period should correspond with the complexity of the issues and the extent of their impact, particularly where fundamental rights and long-term consequences are involved; and
(4) Consultation responses must be given conscientious consideration before any decision is made. Decision-makers must genuinely take into account the views expressed, and should be able to demonstrate that those views were considered as part of the decision-making process.
The Malaysian Bar stresses that any reform to the Orang Asli Act 1954 must be undertaken with the full and effective participation of the Orang Asli community itself, in line with constitutional values, international human rights standards and the principle that the party(ies) most affected by a law must have a meaningful voice in shaping it.
The Malaysian Bar further affirms that its Bar Council Committee on Orang Asli Rights stands ready to engage constructively with the Government and relevant stakeholders, and is willing to assist in facilitating a proper, inclusive and transparent consultation process. Such engagement is crucial to ensuring that any amendments to the law truly protect and advance the rights, dignity and well-being of the Orang Asli community in Malaysia.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
23 December 2025