Amend Article 153 to recognise Orang Asli rights, says Suhakam

Free Malaysia Today

05-06-2025

Suhakam said policy gaps have left indigenous communities vulnerable to land disputes, displacement, and the loss of livelihoods. (Bernama pic)
PETALING JAYA : The Human Rights Commission of Malaysia (Suhakam) has called for Article 153 of the Federal Constitution to be amended to explicitly recognise the Orang Asli as entitled to the same constitutional safeguards and affirmative action measures as other indigenous groups.
In a statement, Suhakam said such recognition was essential to ensuring that the rights, identity, and entitlements of the Orang Asli were no longer subject to administrative ambiguity or exclusion.
Suhakam said the amendment was also in line with its call to develop and implement a comprehensive national action plan to safeguard the rights of indigenous peoples.
'For decades, these communities have endured systemic neglect, marginalisation, and violations of their fundamental rights, particularly concerning land, identity, and socio-economic inclusion,' said the rights body.
Article 153 of the Federal Constitution ensures that the Malays and natives of East Malaysia have access to 'such proportion' of positions in the public service, scholarships, as well as permits and licences for the operation of any trade or business, as the Yang di-Pertuan Agong may deem reasonable.
In its statement, Suhakam also pushed for the creation of an independent national commission on indigenous peoples, as recommended in its National Inquiry into the Land Rights of Indigenous Peoples.
The proposed commission would advise the government on relevant laws and policies, monitor sustainable development on indigenous lands, encourage indigenous participation at all levels, and conduct research on issues affecting their communities.
Suhakam said the commission must comprise mostly indigenous representatives, selected transparently and with community endorsement, to ensure that it truly represents their voices and respects the principle of self-determination.
Suhakam said although the government accepted 17 of its 18 recommendations from the national inquiry, progress had been slow.
Suhakam also called for a full review of the Aboriginal Peoples Act 1954 and a reform of the Orang Asli development department (Jakoa).
It said Jakoa, currently the main federal agency overseeing Orang Asli affairs, must evolve into a rights-based institution capable of protecting indigenous rights, not just delivering welfare.
Another critical issue highlighted in the statement was a lack of alignment between federal and state policies, particularly in the recognition and protection of ancestral and customary land. Suhakam said policy gaps had left indigenous communities vulnerable to land disputes, displacement, and the loss of livelihoods.
Suhakam said both federal and state governments must uphold their responsibilities as custodians of indigenous land and resources, including enforcing land rights through clear, consistent policies aligned with international standards such as the UN Declaration on the Rights of Indigenous Peoples and the ILO Convention 169.
'These instruments affirm indigenous peoples' rights to free, prior, and informed consent, and to preserve their culture, lands, and institutions,' said Suhakam.
Suhakam added that no meaningful reform could happen without the active involvement of indigenous communities and civil society, stressing the necessity of their participation to ensure that any changes are effective and accepted by those directly affected.