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I must congratulate malaysiakini for highlighting the Orang Asli issue recently, when several mainstream newspapers played down the matter and concentrated instead of spining "feel good articles" in preparation of the elections.

And kudos to the Human Rights Commission (Suhakam) for its much awaited and timely report , which clearly calls on the government to amend the federal constitution and to accord bumiputera status to the Orang Asli, the country's indigenous peoples in the peninsula.

It is interesting to note that the report clearly and in definite tones, points out the failure of section 153(1) of the federal constitution, which in its present state only recognises "Malays and the indigenous peoples of Sabah and Sarawak (Orang Asal) as bumiputera".

I cannot but fully endorse and support Suhakam's call for a much needed review of the National Land Code, the Sarawak Land Code and the Sabah Land Ordinance. The amendments are long overdue and the time has come for the timely and proper recognition of native customary land rights in the country's democratic, political and legal process.

The native communities in Malaysia have "long complained" that their rights to land and forest produce have been largely ignored, or misinterpreted by third parties with a "private agenda". As a result, encroachments became the "order of the day" in the land that they have occupied for generations.

There are also well-detailed accounts that much of the encroachment has been due to massive, and at times illegal logging and mining activities. And when, these communities are displaced or have to "make way for development", we should make certain that there should be fair and equitable compensation, in line with provisions of the Land Acquisition Act.

But the fact of the matter remains that in line with international covenants and in fulfilling the basic rights of an indigenous community, it is time the native customary land not only be recognised, protected and acknowledged, but also the community be provided the dignity and space to continue their traditional activities.

I am glad that the commission found it also fit to call for the Orang Asli Act 1954 to be amended to ensure that permanent land titles are issued, instead of a 99-year lease, as is done in most cases now, and in turn become the subject of much abuse and political manipulation.

There is no reason that this cannot be done, as the amendments could be facilitated based on the present Malay Reserve provisions in order to guarantee the "permanent status of Orang Asli reserves".

And the only way this can be professionally administered is for the government of Prime Minister Abdullah Ahmad Badawi to set up a "special commission" or a "dedicated department" in the Prime Minister's Department to handle native customary land matters and issues faced by the indigenous community.

One should remember that a study under the Eight Malaysia Plan found that the Orang Asal community represents the group with the lowest income. About 80 percent of the Orang Asli in Peninsular Malaysia are believed to live below the poverty level. Why has this been the case? Malaysia is truly a wealthy country and the "fruits" of the nation's wealth should be shared by all its citizens.

And since they are in need, it is only right that they become beneficiaries of the government's "affirmative programme", and be provided more access to free health, education, financial assistance for business and agricultural projects, especially since the school dropout rate is alleged to be more than 60 per cent.


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