Action plan, constitutional protection needed to uphold Orang Asli rights, says Suhakam

THE Human Rights Commission of Malaysia (Suhakam) is urgently calling on the government to develop and implement a comprehensive national action plan, alongside explicit constitutional recognition, to safeguard the rights of indigenous peoples.
'These communities have for decades endured systemic neglect, marginalisation and violations of their fundamental rights, particularly concerning land, identity and socioeconomic inclusion,' the commission says in a statement.
As a core recommendation, Suhakam reiterates its calls for the establishment of an independent national commission on indigenous peoples, in line with recommendation 18 of the National Inquiry into the Land Rights of Indigenous Peoples.
This proposed commission must be empowered to advise the government on laws and policies relating to indigenous people.
In addition, this commission, as recommended, must propose and monitor sustainable development programmes on indigenous peoples' land, promote participation of indigenous peoples at all levels, and conduct research on issues related to the wellbeing of indigenous peoples.
The commission must be composed predominantly of representatives from indigenous communities, selected through transparent consultation and with the endorsement of indigenous people across Malaysia. This will ensure that the commission reflects the voices and aspirations of the communities it is meant to serve and affirms the principle of self-determination.
Suhakam adds that although the government accepted 17 of its 18 recommendations from the national inquiry, progress has been slow.
'Suhakam, therefore, calls for the immediate revival of the Special Cabinet Committee on Indigenous Rights, with specific timelines for implementation, progress monitoring, and periodic public reporting,' the rights body states.
Simultaneously, Suhakam reiterates the urgent need for a comprehensive and independent review of the Aboriginal Peoples Act 1954 and the Orang Asli Development Department (Jakoa), as outlined in recommendation 14 of the national inquiry, transforming Jakoa into a rights-based institution that can provide effective support and protection for the Orang Asli.
'Jakoa as the main federal agency overseeing Orang Asli affairs must evolve into a rights-based institution capable of protecting indigenous rights, not just delivering welfare,' it states.
As part of the broader constitutional reform agenda, Suhakam has called for Article 153 of the Federal Constitution to be amended to explicitly recognise the Orang Asli as entitled to the same constitutional safeguards and affirmative action measures as other indigenous groups such as the Malays as well as the Orang Asal of Sabah and Sarawak.
'This recognition is vital in ensuring that the rights, identity, and entitlements of the Orang Asli are no longer subject to administrative ambiguity or exclusion,' the rights body stresses.
Article 153 of the Federal Constitution gives the Malays and natives of East Malaysia special rights and privileges in education, public service and business, among others, as the Yang di-Pertuan Agong may deem reasonable.
Another critical issue Suhakam has highlighted is the lack of alignment between federal and state policies, particularly in the recognition and protection of ancestral and customary land.
Policy gaps have left indigenous communities vulnerable to land disputes, displacement, and the loss of livelihoods, it points out.
'There is a critical need to harmonise Federal and State policies, especially regarding the gazettement and legal protection of ancestral and customary lands. The lack of harmonisation of policies has placed indigenous communities in precarious conditions, with frequent reports of displacements, loss of livelihoods, and prolonged disputes.'
Both federal and state governments must uphold their responsibilities as custodians of indigenous land and resources, including enforcing land rights through clear, consistent policies aligned with international standards such as the UN Declaration on the Rights of Indigenous Peoples and Inter-national Labour Organisation Convention 169, Suhakam says.
'The government of Malaysia must act as the guardian of indigenous peoples by aligning national laws with international human rights instruments, which affirm indigenous peoples' rights to free, prior, and informed consent, and to preserve their culture, lands, and institutions.'
Article 8(2) of the UN Decla-ration, for one, calls on states to prevent and provide redress for actions aimed at dispossessing indigenous peoples of their lands, territories, or resources.
Ultimately, says Suhakam, no meaningful reform can happen without the active involvement of indigenous communities and civil society, stressing the necessity of their participation to ensure that any changes are effective and accepted by those directly affected.
'Any legislation, policy or programme undertaken must include the direct and meaningful participation of indigenous communities and civil society actors. Without their input, any reforms initiated risk being ineffective or rejected by the very communities they are intended to serve,' Suhakam notes.

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