KUALA LUMPUR, Jan 24 — A coalition of Orang Asli organisations and civil society groups has voiced concern over the government’s recent engagement session on proposed amendments to the Aboriginal Peoples Act 1954, saying the process did not satisfy expectations for full consultation.
In a joint statement today, the groups said the session on January 22 in Bangi — organised by the Department of Orang Asli Development (Jakoa) — was presented as a consultation but “failed to be a meaningful, transparent and rights-based engagement”.
They described the event as “more of a question-and-answer session and not an engagement session”, adding that the approach did not align with Free, Prior and Informed Consent (FPIC).
“Decisions appear to have been made beforehand; Orang Asli were asked to be present merely to be ‘heard’, not to determine,” they said.
The coalition said the amendments, as presented, appeared to expand administrative and regulatory powers of Jakoa and its director-general, and did not clarify how Orang Asli communities would exercise influence over decisions involving their land and affairs.
The statement said the proposed changes did not reflect “any real recognition of self-determination”.
They also questioned the involvement of Deputy Dewan Rakyat Speaker Datuk Ramli Mohd Nor as a panel member, saying his participation raised concerns about “the risk of legislative interference in matters that fall under executive responsibility”.
On land rights, the groups said the proposed amendments did not address the longstanding issue of Orang Asli Customary Land and Territories.
They noted that the study did not include provisions for recognition of customary land or mechanisms for resolving disputes, despite such conflicts being a major reason amendments were sought.
“We are concerned that the core issue which prompted the call for amendments — the need to resolve customary land and territorial conflicts — was not included,” they said.
The coalition also objected to statements made during the session that Orang Asli “live on state land”, saying this contradicted court rulings in cases including Adong bin Kuwau and Sagong Tasi, which they said recognised customary land rights as part of Malaysian common law.
The groups said the Federal Constitution, particularly Article 8(5)(c), allowed for measures to safeguard the interests of Orang Asli communities.
They argued that the government’s explanation — that customary land could not be incorporated because there was no existing constitutional provision — was “not legally justified”.
The statement further called on Putrajaya to disclose the full draft amendment Bill and consultant study report to Orang Asli communities before any tabling in Parliament.
The coalition disagreed with the government’s position that the documents fall under the Official Secrets Act, saying: “There can be no FPIC when affected communities are denied access to the text of the law that will determine their future.”
They said they have prepared their own memorandum of demands and an alternative draft Bill, based on local case law and international Indigenous standards, as part of efforts to offer constructive input.
The groups urged the government to pause the amendment process until matters involving customary land and community participation are addressed.
The statement was endorsed by 15 Orang Asli organisations, including JKOAK, JKOAP, the Centre for Orang Asli Concerns (COAC), Jaringan Orang Asal SeMalaysia (JOAS) and Pusat Komas.
