24/12/2025

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Orang Asli seek stronger rights in proposed Aboriginal Act

Respect court decision, don’t aggravate situation: PM KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has called on all parties to respect the court’s decision concerning the addendum order issue and to refrain from inflaming the situation or escalating tensions. He said all parties should respect the ruling by the judge, including the legal avenues and channels that remain available to submit appeals, in addition to the Yang di-Pertuan Agong, in accordance with existing legal provisions. “I urge all parties to address this issue with patience and wisdom. “Even if there are those who choose not to express sympathy towards Datuk Seri Najib Razak and his family, it is inappropriate to aggravate the situation or heighten tensions in such a sensitive circumstance,” he said in a statement yesterday. Anwar also stressed that the Madani government remains firmly committed to upholding the rule of law and the principle of separation of powers. “The judiciary must and will continue toremainindependentfromanyexternal influence. It is based on this principle that I respect the decision made by the judge.” The High Court on Monday dismissed the judicial review application by Najib over the addendum order allegedly authorising Najib to serve the remainder of his prison sentence under house arrest. Judge Alice Loke Yee Ching ruled that the alleged addendum order was neither deliberated nor decided upon during the 61st Pardons Board Meeting held on Jan 29, 2024. She ruled that the addendum order did not comply with Article 42 of the Federal Constitution and was therefore invalid. – Bernama Operations resume after system glitch KUALA LUMPUR: The Malaysia Airports Holdings Bhd (MAHB) has confirmed that airport operations returned to normal following a temporary disruption involving a global passenger processing system used by multiple airlines worldwide. In a statement posted on its official social media platform yesterday, MAHB said check-in and boarding operations across its airports have resumed and airport and airline teams will continue to monitor the situation. “The situation across all our airports is being closely managed, with passenger safety and comfort remaining our top priority. We thank travellers for their patience and cooperation during the incident.” MAHB said self-service kiosks remained fully operational throughout the disruption, allowing passengers to print boarding passes and baggage tags. Travellers were advised to follow guidance from airline and airport staff, check directly with their airlines for the latest flight updates and use online check-in where available. – Bernama

PETALING JAYA: The Orang Asli community has sounded the alarm over the proposed amendments to the Aboriginal Peoples Act 1954 (Act 134), warning that the government’s approach so far has been top-down and excludes the voices of grassroots leaders. Kelantan Orang Asli Village Network (JKOAK) representative Nur Mohd Syafiq Dendi Abdullah said o Grassroots leaders call for consent safeguards, land recognition and cultural protection Ű BY KIRTINEE RAMESH newsdesk@thesundaily.com

any revision of Act 134 should be an opportunity to strengthen the rights of the Orang Asli , particularly regarding customary land, community governance and cultural recognition. Instead, he warned, the current process fails to provide meaningful engagement with the communities directly affected. “Land and forests are our lifeblood,” Nur Mohd Syafiq said. “If the amendments do not prioritise the community, they will result in the loss of land rights, culture and livelihoods. “Without strong legal guarantees, our communities remain vulnerable to encroachment, logging and development projects imposed without our consent.” He added that while the amendments could empower the Orang Asli , the government has not shared draft proposals, consulted

Among 13MP’s headline initiatives is a proposed amendment to Act 134 aimed at reinforcing legal protection of Orang Asli land ownership. Nicholas warned, however, that such amendments could restrict existing rights rather than strengthen them, especially regarding broader customary territories. He also flagged concerns over government control in the law, including appointments of village headmen and decisions on community representation, urging that Orang Asli communities be allowed to lead and make decisions for themselves. On education, Nicholas cited the lack of follow-through after the 2015 Kelantan tragedy, in which seven Orang Asli schoolchildren from SK Tohoi went missing in the jungles of Gua Musang, Kelantan. The pupils had fled from their hostel for fear of being punished after going for a bath at a nearby river without prior permission. Five of the seven died during the 47-day disappearance. – By Kirtinee Ramesh Temoq, Che Wong, Temuan, Orang Kuala, Orang Kanaq, Kensiu, Lanoh, Kintaq, Mah Meri, Semagberi, and others. Recognition is vital to preserving languages, cultures and social systems unique to each group. Nur Mohd Syafiq stressed that these proposals reflect aspirations for justice, identity recognition and holistic empowerment of the Orang Asli community. On Dec 19, the Coalition of Orang Asli NGOs held two meetings with key institutions on the proposed amendments – first with the Human Rights Commission of Malaysia (Suhakam), followed by a session with the Bar Council. During discussions with Suhakam, the coalition emphasised that the government had refused to present draft amendments to Orang Asli leaders, sidelining the community in shaping legislation affecting their lives. It hopes Suhakam will urge the government to involve knowledgeable Orang Asli representatives, ensuring an inclusive process that produces a “win-win” outcome. At the Bar Council meeting, the coalition sought legal guidance to scrutinise key clauses and safeguard the rights, lands and cultural heritage of the Orang Asli. The coalition also expressed gratitude to NGOs facilitating these meetings and urged the Madani government and parliamentarians to take their demands seriously. “This is a collective demand of the Orang Asli community in Peninsular Malaysia. We call for amendments that uphold justice, identity recognition and empowerment, ensuring future generations can live with dignity on their ancestral lands.”

community leaders or sought the opinions of those directly affected. The coalition has highlighted several critical areas for improvement. Chief among them is the establishment of a free, prior and informed consent (FPIC) mechanism, enshrined in law, to ensure that no development or relocation occurs without the community’s agreement. Other recommendations include explicit recognition and protection of customary land and territories, mandatory community consultation for natural resource management and formal recognition of traditional leadership systems and cultural practices in the legal framework. Key proposals from the coalition include: 0 Recognition of Customary Land and Territories – a legal clause to formally acknowledge Orang Asli customary lands, ensuring that any development, relocation, or land-use decision is subject to FPIC. Customary areas cannot be disturbed without the legitimate consent of the community; 0 Establishment of an Orang Asli Customary Board – an independent statutory body tasked with managing and protecting Orang Asli rights, culture and land affairs. Board members would include representatives from all Orang Asli sub-ethnic groups, with responsibilities including policy consultation, recognition of traditional leadership and reviewing development projects; and 0 Recognition of Orang Asli sub ethnic groups in Peninsular Malaysia – the act should list and formally recognise all sub-ethnic groups, including Temiar, Semai, Jakun, Semelai, Mendriq, Jahai, Jahut,

Nur Mohd Syafiq said without strong legal guarantees, the Orang Asli communities remain vulnerable to encroachment, logging and development projects imposed without their consent. – ADIB RAWI YAHYA/THESUN

Bar urges genuine engagement with community PETALING JAYA: The Malaysian Bar has urged the government to engage in genuine, meaningful consultation with the Orang Asli community, following the submission of a memorandum by 18 Orang Asli and civil society groups opposing the proposed amendments to the Orang Asli Act 1954 (Act 134). The delegation included representatives from Jaringan undermines participatory governance, the rule of law and respect for indigenous rights. Malaysian Bar President Mohamad Ezri Abdul Wahab stressed that consultation must go beyond a procedural formality. “Meaningful consultation is an essential component of lawful, fair and legitimate decision-making, particularly when legislative reforms affect vulnerable and marginalised communities.” “The voices of the Orang Asli must not only be heard but must actively shape laws that affect their lives and future,” Mohamad Ezri said. “It is a matter of justice, fairness and respect for Malaysia’s indigenous peoples.” The Malaysian Bar underlined that any reform to Act 134 must involve full participation of the Orang Asli, in line with constitutional provisions,

international human rights standards and inclusive governance principles. The Bar Council Committee on Orang Asli Rights expressed readiness to work constructively with the government and other stakeholders to ensure a proper, transparent and inclusive consultation process. Earlier, on Aug 2, Orang Asli advocate Dr Colin Nicholas urged the government to move beyond rhetoric in the 13th Malaysia Plan (13MP), particularly on land rights and education. While welcoming the inclusion of Orang Asli issues in the national development plan, he cautioned that past promises had often failed to deliver meaningful change.

Kampung Orang Asli Semenanjung Malaysia, Persatuan Suku Jakun Pahang, Centre for Orang Asli Concerns, Majlis Belia Orang Asli Malaysia, Persatuan Penduduk Kampung Ayer Denak and 13 other organisations advocating for the rights and welfare of the Orang Asli. They presented a memorandum titled “Proposed Aboriginal Peoples Act 1954 (Act 134) (“APA”) by the Orang Asli Community & NGOs” highlighting serious concerns over the lack of proper consultation on amendments that directly impact their rights, land, culture, livelihood and future. The Malaysian Bar said the absence of meaningful consultation

He emphasised the importance of the Gunning Principles, widely recognised as the minimum standards for proper consultation: 0 Proposals must be at a formative stage, not already predetermined; 0 Sufficient, clear and accessible information must be provided to enable informed responses; 0 Adequate time must be allowed for meaningful engagement, especially given the complexity and far-reaching impact of the amendments; and 0 Responses must be conscientiously considered, with decision-makers demonstrating that stakeholders’ views influence outcomes.