Despite “special privileges” and protection against discrimination in Article 153 of the federal constitution, Malaysia’s indigenous population are victims of rampant discrimination on a daily basis, a survey finds.

NONE “Indigenous people continue to experience disadvantage and discrimination across the full spectrum of economic, social, cultural, civil and political rights,” read the report by UK-based Equal Rights Trust (ERT).

The report titled ‘Washing the tigers: Addressing discrimination and inequality in Malaysia,’ was launched early this month, a joint research effort by the NGO promoting equality and fighting discrimination and local rights group Tenaganita.

The NGO’s research identified what it claimed are “evidence of discriminatory violence” against indigenous persons and discrimination and inequality in relation to birth registration, religious freedom and political participation.

It also found inequality of access and outcome in relation to socio-economic rights such as education, employment and health .

These forms of inequality are underpinned by the violation of indigenous peoples’ land rights.

Indeed, the most important conclusion to be drawn from their analysis is that such discrimination affects indigenous persons most because of the interconnectedness of their experiences and land concerns in different areas of life.

The report alleged that an active effort is being done to curtail indigenous rights, suppress their political activities and force them to adopt Islam, the official religion of the land.

According to the report, other groups facing similar brunt of discrimination in some cases enacted by law and mostly perpetuated by the powers that be, included:

  • Lesbians, gays, bisexuals, transvestites and intersexual
  • Children
  • Women
  • HIV/AIDs patients
  • The disabled
  • Foreign labour, refugees and asylum seekers
Questionable legislation

It argues that while there are some anti-discrimination provisions in Malaysian law, mostly the legal framework has failed to provide equal treatment to the minorities coupled with weak enforcement and no central effort to champion it.

Indeed the report accused that most discriminations stem from questionable Malaysian legislation itself, calling for amendments to many such laws.

These include what it termed “discriminatory provisions” in the constitution, as well as Syariah, criminal, education, tax and immigration laws that intentionally or not serves only to discriminate against many Malaysians and hamper equality in the country.