Social and Legal Status
The government agency entrusted to oversee the affairs of the Orang Asli is the Jabatan Hal Ehwal Orang Asli (Department of Orang Asli Affairs) (JHEOA). This body is under the Malaysian Ministry of Rural Development, and it was first set up in 1954. Among its stated objectives are to eradicate poverty among the Orang Asli, improving their health, promoting education, and improving their general livelihood. There is a high incidence of poverty among the Orang Asli. In 1997, 80% of all Orang Asli lived below the poverty line. This ratio is extremely high compared to the national poverty rate of 8.5% at that time.
Some legislations which concerns Orang Asli are 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 accorded 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. A landmark case on this matter is in the 2002 case of Sagong bin Tasi & Ors v Kerajaan Negeri Selangor. The case was concerned with the state using its powers conferred under the 1954 Act to evict Orang Asli from gazetted Orang Asli Reserve Land. The High Court ruled in favour of Sagong Tasi, who represented the Orang Asli, and this decision was upheld by the Court of Appeal.
The Orang Asli are theoretically classified as Bumiputras, a status signifying indigenity to Malaysia which carries certain social, economic, and political rights, along with the Malays and the natives of Sabah and Sarawak. However, this status is generally not mentioned in the constitution.
The former Prime Minister of Malaysia, Dr. Mahathir Mohamad made controversial remarks regarding the Orang Asli, saying that Orang Asli were not entitled more rights than Malays even though they were natives to the land, he posted on his blog comparing the Orang Asli in Malaysia to Native Americans in the US, Maoris in New Zealand, and Aboriginals in Australia. He was criticized by spokespeople and advocates for the Orang Asli who said that the Orang Asli desired to be recognized as the natives of Malaysia and that his statement would expose their land to businessmen and loggers.
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