Asli , Kertas Polisi dan Akta Orang Asli Hampir tiada paternalism, as could be seen in the Aboriginal Peoples Ordinance ,. Policy Paper. Akta Orang Asli (Akta ). RM Laws of Malaysia Authoritative Text The Commissioner of Law Revision Malaysia Practicing lawyers, legal advisors, . Keywords: Orang Asli, Conflict, Customary Land Based on the Act ( Aboriginal Peoples Act ), “Orang Asli” . Membincang Pindaan Akta Port.
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Legislation Act » JAKOA’s Official Website
Log In Sign Up. The Orang 1594 are not homogenous even though this is a common misconception. This misconception arises from inter alia the historical perception that all indigenous peoples have a common lifestyle. The term Orang Asli is commonly used for administrative purposes to describe the 18 ethnic subgroups that exist. For instance, their rights always been abused by the authority; the failure of domestic laws to protect the Orang Asli; the positive developments made in the law in Malaysia recently; and the need to embrace international treaties.
In this report, we would like to highlight the major problems that are being confronted wkta most of Orang Asli in Peninsular Malaysia which is Land Asoi. We will discuss more on the protection on them regarding to this matter, the compensation, the comparison between Malaysia and other countries and also orangg commentaries relating to this matter. When we look back at the history of the establishment of this Act, it is usually designed specifically for the indigenous people in Peninsular Malaysia in times of emergency with a view to prevent the communists from getting help from the Orang Asli and to prevent them propagate their ideologists toward Orang Asli community.
Because of this, there is provision in the Act which allows the Minister concerned to prevent any non-Aboriginal people from entering the area.
Although its objectives are clearly indicate the protection toward Orang Asli in the real situation, sadly, this Act does not protect them completely. This is because; there are still having weaknesses especially about their right towards their akt. There are about 1 49 Orang Asli in Malaysia and possess about 1 38 However, neither in this Act nor in any other law in Malaysia that granted their assli for their land, because 1 Section Aboriginal People Act 2 Williams, Anthony.
Retrieved 13 Augustfrom http: The government just gives the right to occupy on that orqng for the Orang Asli people even though they already stay at their places for hundreds of years since their ancestor.
If we refer to the APA in section 8; The State Authority may grant rights of orany of any land not being alienated land or land leased for any purpose within any aboriginal area or aboriginal orxng. Besides that, this provision also indicate the granting of right to the indigenous people to occupy the land ownership status is only a tenant according to grace tenant-at-will based on the perception of the government that Aboriginal customary land is the land matter.
This show their right toward their land is being denied by the government as their position as tenants do not remain. There are actually many issues that can rise regarding to this act.
Although the Aboriginal People Act has already being amended for three times which is in, andthis act are still not enough to protect the right of the aboriginal people in Peninsular Malaysia. From the reading and understanding to this Act, many of 194 provision are really unfair to the Orang Asli community. Its main objective is basically to provide for the protection, and welfare and development of indigenous people in Peninsular Malaysia.
The content including of: Short title and application Section 2: Interpretation of some key words mentioned in the Act as “the natural way of life”, “the natives”, “and native reserves”, “indigenous ethnic groups” and others.
Definition of Aboriginal Section Aboriginal land and the payment of compensation Section Appointment of Aboriginal leaders Section Rights of aakta peoples to education Section Prohibition of taking Aboriginal children for adoption.
The powers of the Minister of 14 items to make such regulations for carrying out the purposes of Act When this article shows that all people are equal, it should include the aboriginal people in the Peninsular Malaysia. However, how far the equality of the right of this aboriginal people is upheld by the authority? Their right are still be denied by the government in the systematic way in which they use law as the medium to restrict their land right, making them just a tenant in their own land.
We can realize it when we read the Aboriginal People Act in which the government or any other authority can take their land and just give the compensation for the damages of their plant and anything on that land and not for the loss asoi the land. The aim of this declaration is to ensure the aboriginal people right including their culture, adli, language, land and other issue.
The declaration also emphasizes the right of indigenous people to maintain and strengthen their own institutions, cultures and traditions. The committee then established a draft regarding on the essential right for the aboriginal people which then become the UNDRIP draft. Inthe draft was sent to the Commission on the Human Rights. Malaysia was one of the countries that vote on the declaration.
However, what it needs to be discussed here was regarding to their land. This provision was in Article 24 until 31 of that declaration which is; Article 24 1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals.
Indigenous individuals also have the right to access, without any discrimination, to all social and health services. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health.
States shall take the necessary steps with a view to achieving progressively the full realization of this right. Article 25 Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
Indigenous peoples shall have the right to participate in this process.
Akta Orang Asli (Disemak – )
Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, of a just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned. States shall oranb effective consultations with the indigenous oorang concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.
Indigenous peoples have the right to otang, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts.
They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
However, with the development and the selfish people who want to gain higher profit from their land, this declaration seems does not give much effect for the right of aboriginal people.
In Malaysia itself, although we support the declaration, our law does not show it. For an example, the Orang Asli in Peninsular Malaysia still have no title on their land and thus does no get an adequate compensation from the government when their land need to be use by them.
The question here is whether we actually follow the declaration or not? In conclusion, in order to protect their right, the government should look back the declaration that has already agreed by us and follow it as 19954 wants to. Orang Asli has their right in their land and we should aslo avoid them from our community.
The law that has been enacted also should be amend to provide the better protection among the aboriginal people thus, give them the right that they should have as the indigenous people in this country. There are an estimated 1, 49, Orang Asli indigenous peoples in Malaysia and they possess about 1, 38, hectares of land. However, they are not recognized as the lawful owners of the land. This means that authorities may at any time seize or take the land.
Regarding section 11 of the Aboriginal Peoples Actwhen the authorities take the land under its control they just providing compensation for the loss of whatever grown on the land and not actually following the true price of the land according to the market value at that time.
Besides, section 12 of the Act provides that: Because of that all the dwelling houses and plantations of oil palm, rubber and fruit trees were destroyed in order to complete the highway project in time for the Commonwealth Games held at Kuala Lumpur. However, the Aboriginal Peoples Act itself cannot defence the rights of Orang Asli as many of the compensation is invariably paid according to the narrow interpretation of the Act.
This means compensation being paid for the loss of dwellings or crops is introduced by the Orang Assli concerned for their natural resources and this had make Government not to pay the compensation for the value of the land itself. Besides, the rights of Orang Asli also being denied in order to get the compensation based on Land Acquisition Act as aota not really official the owner of the land but just occupy on the land.
Moreover, there is also no indication of the basis of the valuation for the loss of crops but just a gross amount for the items concerned. Thus, Orang Asli still do not know how much a mature ofang tree is valued at aktta to a young tree. This inconsistent compensation procedure and valuation had causes distrusts in the system as well aktw distrust among the Orang Asli themselves.
The main reason for the dispute of compensation among Orang Asli regarding the acquisition of their land is the Government does not consult and involve the Orang Asli representatives in acquiring indigenous land. Unfortunately, Orang Asli native land rights are not considered as private properties, but rather only known as tenant-at-will. Consequently, the acquisition of the Orang Asli native land is not made by authority under the Land Acquisition Act which contains the provision to compensate the land but the compensation payable to Orang Asli just to follow provision of section 11 and 12 of the Aboriginal People Act that only for loss of productive trees, activities on land and dwellings.
This shown that Land Acquisition Act actually fails to adequately take into consideration the need and effect of land loss on the behalf of the indigenous peoples. Besides, Land Acquisition Act also just allows individuals to challenge the monetary compensation before the Land Acquisition Tribunal but not to argue the decision of the acquisition itself. The State should carry out consultation and negotiation with the indigenous peoples whenever it seeks to acquire their land, like the concept emphasized in the United Nations Declaration on the Rights of Indigenous Peoples whereby it constitutes the right to the Orang Asli to participate in decision-making in matters which would affect their rights.
Then, the State also shall to consult and cooperate in good faith with the Orang Asli in order to obtain their consent before implementing any measures that may affect them.
Kerajaan Negeri Johor 11, the high court held that the overall value of compensation under the section 11 Aboriginal People Act must consider some matters regarding indigenous peoples including the loss of the customary land that have been inherited long times ago, the loss of freedom to reside and move under article 9 2 of the Federal Constitution, loss source of food from forest, loss the life for the future ahead and also the loss of life for their future generation.
Then, the compensation given by the authority shall be consult with the representative of Orang Asli that is qualified to get it. Moreover, section 12 of the Aboriginal Peoples Act also indicated something that is unfair to the aboriginal peoples. ssli
This is because in orahg section, it seems that State Authority has choices whether to pay compensation to the aboriginal peoples whose their land being taken away by State or not. This situation actually contradicts with Article 13 2 of the Federal Constitution that constituted; No law shall provide for the compulsory acquisition or use of property without adequate compensation.
This principle had been awli by court to held case such as Adong bin Kuwau v. In this context, we can see that Aboriginal people had not given any chance to consult regarding the compensation and this can give problem if method of paying set by Minister does not satisfy them although the have the right for that compensation. Furthermore, the value of compensation also decided by the State Authority as there are no special section that really give the true evaluation process regarding the acquisition of aboriginal people land.
Nevertheless, in calculating the quantum of compensation, the difference between the Orang Asli and ordinary registered land title must be considered. Like other indigenous communities, the Orang Asli depends on their ancestral land not only for their economic survival but also for their culture and social identity.