Gov't plans to amend Aboriginal Peoples Act, offer better protection

EXCLUSIVE

 | The federal government is planning to propose amendments to the Aboriginal Peoples Act 1954, according to a deputy minister in the Prime Minister's Department.

Mohamed Farid Md Rafik, who is deputy national unity and social well-being minister, said the plan is being developed with the aim of providing better protection for the Orang Asli in the country.

Among the issues being discussed, Farid said, are matters pertaining to the community's rights to their ancestral land.

"In the perspective of the Aboriginal Peoples Act, especially when it comes to land issues, we are looking at how the law can be changed to better protect the interests of the Orang Asli.

"This is among the initiatives that are in the pipeline. We are going to propose a new bill to amend this law, so that we can improve protection for the community," Farid told Malaysiakini yesterday.

Elaborating further, the Tanjung Piai MP said among the issues being discussed is ensuring fair compensation for Orang Asli in the event that their land is taken over.

"Under the (existing) law, sometimes when plots of land that have been gazetted for the Orang Asli were taken over, they were not compensated fairly.

"They are paid according to an 'old style' of calculation, such as by counting how many rubber trees are on their land and such. This is an old practice, which has been in use since the 1940s.

"So, this is among the things we want to change, to ensure that at least if anything happens, the Orang Asli will be protected, and there must be no other choice than to compensate them properly, either through replacement of the land taken from them or with monetary compensation," Farid said.

Putrajaya to discuss with state gov'ts

Asked about the rights of the Orang Asli to land in their respective locations, especially in states that do not have gazetted ancestral land for the community, he said the federal government would assist the community in getting compensation from the states involved to ensure their welfare and livelihood, among others.

"When the Orang Asli have gazetted lands for them, it is easier for us (federal government) to help them through the Orang Asli Development Department. The federal government can help them in terms of development and such.

"But, for those who are only given 'kawasan rayau' (roaming areas), sometimes the Orang Asli would ask for things like land areas 'seluas mata memandang' (as far as the eyes can see), or up to thousands of acres for themselves.

"This is difficult for us to discuss with the state governments. But we will try our best to get for them something that would not only ensure their welfare but also to generate income for them, among others," Farid said.

The deputy minister admitted that it would not be an easy task for the federal government, as land issues fall under the jurisdiction of the states.

As such, he said, discussions with each state would have to be done on a case-by-case basis.

"There is yet to be a law that requires state governments to commit to giving (their lands) to the Orang Asli,” he said. - Mkini