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 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 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.”
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.
“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.
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.
