[go: nahoru, domu]

Orang Asli: Difference between revisions

Content deleted Content added
clean refs
→‎Status in society: bumiputera = sons of the soil (not "prince of the land")
Line 450:
The Aboriginal Peoples Act is the only law that specifically applies to the Orang Asli.<ref name="OARPS">{{cite book|author=Colin Nicholas |title= Orang Asli: Right, Problems & Solutions |url=http://www.coac.org.my/dashboard/modules/cms/cms~file/6a54e49eb50bf6af44f31ab443fb82a2.pdf|publisher=Suruhanjaya Hak Asasi Manusia (SUHAKAM), Center for Orang Asli Concerns |date=2010 |isbn=978-983-2523-65-9 |access-date=2021-04-10}}</ref> It defines and describes in detail the terms and concepts for recognising the status of Orang Asli communities. Legally, Orang Asli is defined as members of an indigenous ethnic group who are of such origin or who have been admitted into the community by adoption, or they are children from mixed marriages with the indigenous, provided that they speak the indigenous language and follow the way of life, customs and beliefs of the indigenous people. Preservation of the traditional way of life involves the reservation of land for the Orang Asli. Legislation of such matters concerning the Orang Asli is the National Land Code 1965, Land Conservation Act 1960, Protection of Wildlife Act 1972, National Parks Act 1980, and most importantly the Aboriginal Peoples Act 1954. The Aboriginal Peoples Act 1954 provides for the setting up and establishment of the Orang Asli Reserve Land. However, the Act also includes the power according to the Director-General of the JHEOA to order Orang Asli out of such reserved land at its discretion, and award compensation to affected people, also at its discretion.<ref name=coacland>{{cite web|publisher=Center for Orang Asli Concerns|url=http://www.coac.org.my/codenavia/portals/coacv2/code/main/main_art.php?parentID=11400226426398&artID=11475792539604|title=The Law on Natural Resource Management|access-date=2 February 2008}}</ref> The state government may also revoke the reserve status of these lands at any time, and the Orang Asli will have to relocate, and even in the event of such relocation, the state government is not obliged to pay any compensation or allocate an alternative site to the affected Orang Asli victims. A landmark case on this matter is in the 2002 case of [[Sagong Tasi|''Sagong bin Tasi & Ors v Kerajaan Negeri Selangor'']]. The case was concerned with the state government using its powers conferred under the 1954 Act to evict Orang Asli from gazetted Orang Asli Reserve Land. The [[High Courts of Malaysia|High Court]] ruled in favour of Sagong Tasi, who represented the Orang Asli, and this decision was upheld by the [[Court of Appeal (Malaysia)|Court of Appeal]].<ref name="coacland" /> Nevertheless, customary land disputes between Orang Asli and the state government still occurs from time to time. In 2016, the Kelantan state government was sued due to a dispute over land by Orang Asli.<ref>{{cite web|url=https://www.malaysiakini.com/news/343518 |title=Temiar Orang Asli get day in court against Kelantan gov't |author=Alyaa Azhar |publisher=Malaysia Kini |date=30 May 2016 |access-date=2016-12-22}}</ref>
 
The department has broad powers, including controlling the entry of outsiders into the areas of Orang Asli settlements, the appointment and dismissal of village heads (''batins''), the ban on planting any specific plants on Orang Asli lands, the issuance of permits for deforestation, jungle harvesting produce, hunting in traditional areas of Orang Asli, as well as determining the conditions under which Orang Asli can be hired.<ref name="Nicholas"/> When appointing village elders, JAKOA focuses primarily on the candidate's knowledge of the Malay language and his ability to follow instructions. The final decision in all matters concerning the Orang Asli are decided by the authorized state official, the General Director of JAKOA.<ref name="OARPS"/> The department is the de facto "landowner" of the Orang Asli territories, it also shapes the general decisions of the communities, and essentially effectively keeps the Orang Asli in the status of its "children", acting as their state guardian infantilising them in ways not applied to the Malays or natives in [[Sabah]] and [[Sarawak]].<ref name="EIAIR"/>
[[File:Taman Negara (30509997143).jpg|thumb|A [[Batek people|Batek]] family in [[Kuala Tahan]], [[Pahang]]]]
While Malays have been considered a "native people" in Malaysia since colonial times, the Orang Asli, according to local notions, are communities of "primitive" people who never formed an "effective statehood"<ref name="EIAIR"/> and were dependent on the Malay state with political status determined by the practice of Islam, knowledge of the Malay language, and compliance with the norms of Malay society preferring that the Orang Asli "''masuk Melayu''" which is "to become a Malay."<ref name="EIAIR"/>The Malaysian state government does not recognise the Orang Asli as a "people" at all in the sense as defined in United Nations documents.<ref name="Nicholas"/> The Orang Asli's "nativeness" is their attempt to defend a broader political autonomy. Recently, some Orang Asli groups, with the support of volunteer lawyers, have made some progress in asserting their constitutional rights to customary lands and resources in the courts. They demanded compensation in accordance with the principles of common law and the international rights of indigenous peoples.<ref name="MOP1-38"/>
 
In the early 1970s, the government began to introduce [[Malaysian New Economic Policy|New Economic Policy (NEP)]], as part of which created a new class of people "''[[Bumiputera (Malaysia)|bumiputera]]''", "princesons of the landsoil". The Orang Asli are classified as ''bumiputera''s,<ref name=bumi>{{cite web|author=Colin Nicholas|title=Orang Asli and the Bumiputra policy|url=http://www.coac.org.my/codenavia/portals/coacv2/code/main/main_art.php?parentID=11400226426398&artID=11397894520274|publisher=Center for Orang Asli Concerns|access-date=2021-08-11|archive-url=https://web.archive.org/web/20120209191848/http://www.coac.org.my/codenavia/portals/coacv2/code/main/main_art.php?parentID=11400226426398&artID=11397894520274|archive-date=2012-02-09|url-status=dead}}</ref> a status signifying indigeneity to Malaysia which carries certain social, economic, and political rights, along with the [[Malaysian Malays|Malays]] and the natives of [[Sabah]] and [[Sarawak]]. Based on their initial presence on this land, the ''bumiputera'' received economic and political advantages over other non-native groups. In addition to special economic "rights", the ''bumiputera'' enjoy the support of the state government in terms of the development of their religion, culture, language, preferences in the field of education, and in holding positions in government and government agencies. However, this status is generally not mentioned in the constitution.<ref name=bumi/> In reality, ''bumiputera'' as a form of [[Malay supremacy]] policy is used as a political means for the furtherance of the political dominance of the Malay community in the country. The indigenous people of East Malaysia Borneo and Peninsular Malaysia are practically perceived as "lower ''bumiputera''" ''[[pribumi]]''s, and as for the Orang Asli in particular, the Federal Constitution does not even mention them under the label "''bumiputera''". The status of a ''bumiputera'' has little or no benefit to most Orang Asli. They continue to be a dependent ([[Ward (law)|ward]]) category of the population.
 
{{quote box