This is my exchange in Parliament with the Minister for Rural and Regional Development, Tan Sri Muhamad Muhamad Taib on the plight of the Orang Asli in Malaysia 51 years after Merdeka during the 2009 Budget debate in early November.

The only way to end the decades-long neglect of the Orang Asli community in Malaysia is to mainstream the problems of Orang Asli and the following letter is a welcome beginning for such a mainstreaming process.

By A.A.

On 28.04.2006 the Permanent Mission of Malaysia to The United Nations for the candidature of Malaysia to the Human Rights Council, made voluntary pledges and commitments which among others :-

Under item 14.6 of the Voluntary Pledge Malaysia is to “actively support international action to advance the rights of vulnerable groups which at the date of the pledge included women children and disabled.”

However it conveniently omitted the indigenous people of this country.

See the policy statement of the Bar Council issued by Ambiga Sreenevasan (now Dato’) dated 27.04.2007:

“The Bar Council further call upon the government to take a holistic approach to all Orang Asli land rights and move in the direction of designating inhabited Orang Asli land as reserved land. It is time we fully recognize that the Orang Asli are a vulnerable but invaluable community whose livelihood, land and culture are deserving of our protection.”

As a member of United Nations Human Rights Council, Malaysia on 29.06.2006 by resolution 1/2 adopted the Declaration on The Rights Of Indigenous Peoples (UNDRIP). This was subsequently adopted by the UN General Assembly by resolution 61/295 on 13.09.2007.

Having adopted UNDRIP and having given its pledge, is Malaysia truly doing what it needs to do for the protection and preservation of this minority group?

The National policy maker must re-look at their proposed policy structure intended for implementation to really conceptualize whether these policies are intended for the empowerment and for the uplifting of the social status of the Orang Asli.

Let us look at the RMK 9 (Rancangan Malaysia Ke-Sembilan).

Are the Orang Asli getting their just share of the apportionment of the national wealth distribution?

A total of RM 377 Million is to be spent, the distribution of these funds is mainly for the purpose of:-

1. RPS (Rancangan Penempatan Semula /Tersusun) which often involves forced settlement of the Orang Asli without free prior and informed consent.

2. Economic Development (that often takes them away from their hunting and foraging grounds)

3. Social Development ( there can be no meaningful social development without a proper appreciation of cultural development that supports their tradition and preserves their heritage.

These three areas of perceived development clearly sways from the categories and criteria of protection adopted under the UNDRIP.

RPS goes against Article 10 UNDRIP that favour an international appreciation that Orang Asli should not be forcibly removed from their lands and that any relocation shall not take place without the free prior and informed consent of the Orang Asli.

When it becomes apparent that RPS itself may be fundamentally flawed, it can be safely said that the national policy of Economic Development implemented in favour of the Orang Asli would result in much of their foraging and hunting ground as well as their dependence on forest produce would be largely interfered with thus leaving them with no real means of sustenance.

With the current economic turmoil and global palm oil slum, disaster awaits much of the Orang Asli reserve that had been converted to TSK (Tanaman Semula Komersial ) often without proper consultation with the Orang Asli communities of that place.

It is now apparent that many Orang Asli communities are questioning the low return from this JHEOA adventure. Some even say that they were better off with their traditional life style of foraging in the forest.

RPS, compounded by the failure of Economic Development (emanating from the boardroom of JHEOA) fails to enhance Social Development of the Orang Asli, such social development cannot be said to be achieved if the introduction RPS uproots the Orang Asli from their traditional and ancestral land that had for generation created a symbiotic and synergistic atmosphere in the preservation of their heritage and culture.

It is most disappointing that statements from the authorities do not offer any reasoned and detailed explanation has to how these authorities intend to overcome the problem of Orang Asli communities in the future.

The recent announcement by the minister of Rural Development in Kampung Sungai Teras in lower Perak during his recent visit is a clear example where the minister was reported to have said about the “giving” of land for the Orang Asli. What Orang Asli need now is the just recognition of their ancestral and customary land and not “giving” them land. Compare the statement of the minister with the correct approach taken by the Perak State Government which has said that it is implementing a process for a proper land recognition of the Orang Asli.

The implementation of RMK 9 must be clearly defined by the government and sufficient time and space be given to the Orang Asli communities to have a transparent consultation process leading to a free prior and informed consent.

Is the government ready for a transparent consultation process with the Orang Asli, statutory bodies and NGO’s that really assist and support the Orang Asli?