THE ABORIGINAL PEOPLES ACT 1954 AND THE RECOGNITION OF ORANG ASLI LAND RIGHTS

Izawati Wook

doi:10.32890/uumjls.6.2015.4587

Abstract

The prevailing view about the Orang Asli’s occupation of land and access to forest resources are that they are ‘privileges’ extended by the states or at the governments’ discretion. It is widely believed that the Orang Asli live on the State land as tenant-at-will. This paper proposes to examine the position of the Aboriginal Peoples Act 1954 (Act 153) (the APA) and trace its historical background. It takes both historical and doctrinal approaches in the legal research methodology. Situated within this historical background, the principle that developed from it and the position of the laws, the paper argues that under the principle of respect to the rights of the existing inhabitants, the law recognizes the rights of the Orang Asli to their land and resources that arose from their custom and practice. The APA establishes a framework to recognize and protect these rights. There is no legal basis for the perception that the Orang Asli live on the State land on the benevolence of the State. Keywords: Legal history; Aboriginal Peoples Act 1954; Indigenous peoples; Orang Asli; Peninsular Malaysia.

Highlights

The Orang Asli are minority groups and indigenous peoples of Peninsula Malaysia
This paper proposes to examine the position of the Aboriginal Peoples Act 1954 (Act 153) and trace its historical background
This paper examines the position of the land and resource rights of the Orang Asli in its historical context and perception, the development of law in general and the specific legislation that deals with the aboriginal affairs, the Aboriginal Peoples Act 1954 (Act 153)

Summary

Introduction

The Orang Asli are minority groups and indigenous peoples of Peninsula Malaysia. The term ‘Orang Asli’ is a Malay phrase for ‘original peoples’ or ‘first peoples’. The state practices respecting the rights of existing inhabitants laid the basis for the development of the doctrine of aboriginal title as it is endorsed by courts in common law jurisdictions It was acknowledged by the International Court of Justice in 1975.29 The British practice is not unique as the same is seen in the pattern of treaty making between other European powers and indigenous peoples in the period of colonization.[30] Despite many flaws and breaches in practice, this tradition has become an important source for the legal order in. In providing for the common law to be the basis of legal system in the Crown colonies, the local laws and custom were not meant to be abrogated

The British Practice In The Straits Settlements And The Malay States

Preservation of Local Laws

Findings

Conclusion