Orang Asli don't have 'special rights': experts

It is a little known fact but the Orang Asli are not included in the ‘special privileges’ category as defined by the federal constitution, according to experts consulted by Malaysiakini .

The debate as to the status and rights of the Orang Asli was triggered after Minister in the Prime Minister's Department Nazri Abdul Aziz told Parliament yesterday that the defintion of 'bumiputera' included the Malays, the natives of East Malaysian and also the Orang Asli of the Peninsular.

However, while federal constitution does not mention the term 'bumiputera', Article 153 of it says that 'special privileges' are to be extended only to the Malays and the natives of Sabah and Sarawak.

Thereby the connundrum of the Orang Asli - while they may be classified as 'bumiputera' this does not mean they automatcially qualify for 'special privileges' as allowed by the constituiton. 

The term 'bumiputera' is absent in the constitution. It's recognised to be a social-politcal invention of the BN government to place the Malays and other 'sons of the soil' in a category separate from other Malaysians.  

Confirming the non-existence of any sort of 'special privileges' for them, Orang Asli rights activist Suhaimi Saad said even with such privileges, it would mean nothing if the Orang Asli were still forced to live in deplorable conditions.

"I know of Orang Asli villagers in Pahang who live on RM10 a month while others live at rubbish dumps and source food from the trash.

"They live without water or electricity supply and rely on swamps for drinking and bathing water. So what good are these privileges?" said Suhaimi - who is also PKR Pahang Orang Asal Affairs chairperson - when contacted.

Privileges only for select few

According to Suhaimi, who has worked with the community for decades, the rights of the Orang Asli are actually protected by the Aboriginal People’s Act 1954 but even this has been disregarded.

"The Orang Asli have their own Act but this has all just remained verbal," he said.

Nazri’s statement also puzzled Pakatan Rakyat coalition advisor Zaid Ibrahim (r ight ) who pointed out that the minister’s ignorance exemplifies the Orang Asli’s plight.

"I have referred to Articles 153 and 161 of the federal constitution [...] the Orang Asli are not awarded privileges the same as the ‘bumiputera’.

"This is the Orang Asli’s lot in this country. The minister does not even know their status, so how can they receive the support required? Only selected ‘migrants’ [...] receive privileges," he said.

Meanwhile, commenting on Rural Development Minister Shafie Afdal’s statement yesterday describing a major Orang Asli protest as a ‘sightseeing trip’ , Suhaimi said the government is now ‘becoming cleverer’.

"They are now clever in trying to neutralise the situation. They give free food and try to make it into a festival but yesterday (was not a sightseeing trip but) a demonstration," he said.

Orang Asli fought for 50 years

He added the Orang Asli fight was not new and has been going on for 50 years but there was little to show for it.

"This country should belong to the Orang Asli. But the majority of them live in situations akin to how Malay villagers used to live in the pre-independence era," he said.

If the government is serious about assisting the community, he added, they should look into developing comprehensive programmes to bring down the economic barriers surrounding them.

"They should develop programmes like Felda. Give the Orang Asli 10 acres of agricultural land each and another half acre to live on and help them out of their economic difficulties instead of handing over a pittance," said Suhaimi.

This will be among the topics discussed at PKR’s Orang Asal Convention scheduled to take place in Pahang this May with the outcome to be used in formulating Pakatan’s policies, he added.

The convention is expected to attract 800 representatives of the Orang Asli community as well as representatives of the indigenous people in East Malaysia.