La Trobe University anthropology professor Alberto Gomes said the decision to amend the 70-year-old Act was long overdue, and that acknowledging the Orang Asli as Malaysia’s First Peoples would foster and improve Orang Asli empowerment and their right to self-determination.
In countries like Australia, New Zealand and Canada, he said, the term First Peoples carries significant weight as it acknowledges indigenous communities as the original custodians of the land with distinct rights and cultures.
“I hope that in a revised Act there is an acknowledgement and recognition of the Orang Asli as Malaysia’s First Peoples,” Gomes told FMT.
“They (Orang Asli) are entitled to make decisions about matters that affect their lives and communities, and shape their own futures according to their values and aspirations.”
The call follows deputy prime minister Ahmad Zahid Hamidi’s announcement last month that a draft amendment to the Aboriginal Peoples Act will be ready by September, with the government looking to New Zealand’s Maori empowerment model for guidance.
Gomes emphasised the need to eliminate outdated concepts from the Act that originated during the British colonial period.
“It is unsurprising that embedded in the Act is colonial logic focused on security, surveillance, protection, racialised division, and bureaucratic dictates.
“A review of the Act must consider this historical context, and some effort should be devoted to expunging words and concepts like ‘protection’ that contradict empowerment,” he said.
Orang Asli lawyer Amani Williams-Hunt Abdullah, better known as Bah Tony, said the amendments need to incorporate principles of self-determination.
“If you look at the Act, many of its provisions are quite paternalistic. While the preamble claims it’s for the ‘advancement and protection’ of the Orang Asli, in reality, the so-called protection often amounts to control, and (Orang Asli) advancement is a far cry from it.
“For instance, the Orang Asli don’t have the authority to decide who can or cannot enter their villages. Instead, the government holds excessive power to exclude individuals from Orang Asli areas.
“If we truly want to empower the Orang Asli and create opportunities for their progress, these controlling provisions must be removed,” he said.
Among other amendments, Bah Tony suggested giving the Orang Asli full authority to select their community leaders, ensuring traditional leadership structures are respected.
He said all Orang Asli sub-groups should be clearly listed in the Act, and marriage registration for the community should be formalised as well for documentation purposes.
Centre for Orang Asli Concerns coordinator Colin Nicholas urged for two separate Acts to be introduced instead, one focusing on Orang Asli land rights, and the other on their socio-economic development.
He said a dedicated land law, similar to the Malay Reservation Act, should legally recognise Orang Asli customary lands and ensure communities have full ownership and control.
Apart from prioritising Orang Asli welfare, Nicholas said, the second law should redefine the Orang Asli development department (Jakoa) as a service agency tasked with ensuring access to infrastructure, education, and healthcare.
“These are the changes I would like to see. It’s not just my view, many Orang Asli have also agreed with this position,” he added.