Bar rejects moving Orang Asli matters under constitution’s Concurrent List

Bar rejects moving Orang Asli matters under constitution’s Concurrent List

Bar president says the proposal floated by Malaysia's sole Orang Asli MP won’t add much value to the supreme law of the land.

Orang-Asli
Various Orang Asli tribes have been engaged in legal disputes in the past over what is said to be their native customary land, claiming their ancestral land had been cleared without their consent. (Bernama pic)
PETALING JAYA:
The Malaysian Bar has rejected a proposal to place Orang Asli matters under the constitution’s Concurrent List, which outlines matters that both the federal and state governments have authority to legislate.

Bar president Ezri Abdul Wahab said the proposal floated by Malaysia’s sole Orang Asli MP, Ramli Nor, would not add much value to the supreme law of the land.

Ezri believed the federal government was already accorded sufficient powers to resolve Orang Asli issues, especially matters pertaining to land ownership.

“It is the Bar’s position that existing state and federal constitutional arrangements do not cause a legal impasse for the protection and recognition of Orang Asli land and resources in the peninsula.

“With regard to land matters, under Article 83 of the constitution, the federal government has the power to acquire land from the state for federal purposes, which clearly includes Orang Asli matters.

“Additionally, under Article 91 of the constitution, the federal government has the constitutional powers to pass land policies across Peninsular Malaysia through consensus with state governments at the national land council,” he said in a statement.

Ezri also said moving Orang Asli matters to the Concurrent List could lead to confusion, disputes and even delays in the administration of such matters.

Ramli, who is the Cameron Highlands MP and a Dewan Rakyat deputy speaker, had proposed amending the constitution to include Orang Asli matters under the Concurrent List, particularly to address land ownership issues.

He said many issues that affect the community were linked to land ownership disputes, adding that land matters are under the jurisdiction of the various states.

Various Orang Asli tribes have been engaged in legal disputes in the past over what is said to be their native customary land, claiming their ancestral land had been cleared without their consent, often for logging and cultivation.

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