Indigenous People In Malaysia Case Study
2.0 Rights of Indigenous People in Malaysia
The Orang Asli are known as the indigenous peoples of Peninsular Malaysia. There are up to 18 Orang Asli subgroups within the Negrito (Semang), Senoi and Aboriginal-Malay tribe which account for 205,000 persons, representing a mere 0.84% of the national population (14,457,300). In Sarawak, the indigenous peoples are collectively known as the Orang Ulu or Dayak which includes the Iban, Bidayuh, Kenyah, Kayan, Kedayan, Murut, Punan, Bisayah, Kelabit, Berawan and Penan. These tribes account for around 1,899,600 people, which constitutes to around 70% of Sarawak’s population of some 2,707,600 people. Nonetheless, as of 2015, the indigenous peoples of Malaysia was estimated to account for 13.9% of nation’s
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However, they were not properly implemented if not outright ignored by the government at the time, which gave priority to the resource extraction and the commercial plantations of private companies on a large-scale. Hence, it comes as to no surprise that the rights and interests of the indigenous people were somewhat overlooked if not neglected. The current legislation concerning indigenous peoples’ rights by the Malaysian government indicates little improvement as well. A clear cut example can be deduced from the evident lack of reference to Orang Asli customary land rights in the National Land Code …show more content…
Article 8 of the Federal Constitution also affirms this right as stated in Article 8(1) all persons are equal before the law. In other words, no one citizen is above the law and this well applies to the rights enjoyed by citizens of Malaysia. Article 8(2) also advocates against the discrimination of citizens on the ground only of religion, race, descent, place of birth or gender in any law. The Orang Asli Community is entitled to the right to education without any form of discrimination pertaining to their religious belief or origin. Hence, it is clear that the indigenous people is entitled to equal rights to education as enjoyed by the citizens of Malaysia under the federal constitution.
Another authority protecting the rights of the indigenous peoples in Malaysia is the Aboriginal Peoples Act 1954. Section 17(1) states that no aboriginal child shall be excluded from attending any school by reason of being an aborigine. In enforcing this right, the legislation has seen to it that anyone infringing this right under Section 17 is to be held liable to a fine not exceeding RM500. Furthermore, in the education
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