PETALING JAYA: As the 13th Malaysia Plan (13MP) offers fresh pledges to uplift the Orang Asli, long-time advocate for the community Dr Colin Nicholas is urging the government to move beyond familiar rhetoric and deliver concrete reforms, especially on land rights.
The Centre for Orang Asli Concerns coordinator welcomed the inclusion of Orang Asli issues in the national development plan but cautioned that past experience demands scepticism.
“I’ve been involved in Orang Asli matters since the 1990s, and these kinds of promises have been made many times.
“While it is good that the government is speaking about these concerns again, what is missing are the details, particularly around land rights.”
Among the headline initiatives under the plan is a proposed amendment to the Aboriginal Peoples Act 1954 [Act 134], aimed at reinforcing legal protection of Orang Asli land ownership. Yet, Nicholas fears that such amendments could end up narrowing existing rights rather than strengthening them.
“There is a real concern that the changes might only recognise rights to land that Orang Asli currently live on or farm, not the broader customary territories that are an important part of their heritage.
“This has been a long-standing issue, especially since the 2009 land policy suggested limiting claims to occupied land, although the courts have recognised broader customary rights.”
He said it is crucial for the government to take a firm and transparent stance on the matter.
“It would be reassuring to hear a firm commitment that Orang Asli, as the first peoples of this country, have rights not just to settled land but also to their traditional territories.”
Nicholas also questioned whether the current legislative framework, built around a single Act, is equipped to handle the complex and multifaceted challenges faced by Orang Asli communities.
“But just like other communities have specific laws for different matters, Orang Asli issues deserve the same treatment.
“A separate Act for Orang Asli land, for instance, would offer more focused protection.”
He expressed concern over the level of government control embedded in the existing law, particularly in areas such as the appointment of village headmen and decisions regarding community representation.
“It’s important that Orang Asli communities are given space to lead and make decisions for themselves.”
On education, Nicholas pointed out the government’s lack of follow-through after the tragic 2015 incident in Kelantan, in which seven Orang Asli schoolchildren went missing and five were later found dead.
“That incident deeply affected the community. Yet, we have not seen any clear statement or plan from the government outlining how Orang Asli education will be improved.
“We often hear broad promises, but what we really need now are concrete, actionable steps.”
Prime Minister Datuk Seri Anwar Ibrahim had said 13MP outlines bold efforts to bridge the gap, highlighting a review of Act 134, expansion of community-based schools in Orang Asli areas and direct educational assistance to ensure fair and consistent access to quality schooling.
