THE government’s plan to amend the Aboriginal Peoples Act 1954 (APA) is a rare opportunity to put right decades of legal and policy shortcomings in protecting Orang Asli land.
But for the reform to mean anything, it must do more than tweak procedures. It must also lock in the principles our courts have already recognised.
From the case of Adong Kuwau in 1997 to Sagong Tasi in 2002 and beyond, the Malaysian judiciary has been clear: Orang Asli have customary land rights even without formal titles.
These rights, rooted in tradition and daily survival, are protected under the Federal Constitution.
The courts have also ruled that both federal and state governments owe a fiduciary duty to safeguard these lands not as a matter of policy choice but as a binding legal obligation.
In Eddy Salim’s case (2017), the Court of Appeal reiterated that this duty extends to preventing unlawful encroachment and ensuring fair remedies. Cases such as Sangka Chuka (2016) have recognised rights over forests used for hunting and gathering, and Mesara Long Chik (2018) acknowledged “geran adat” claims arising from occupation.
Yet, on the ground, most Orang Asli territories remain outside gazetted reserves. Under the current APA, protecting these lands is left to the discretion of state governments, a loophole that has allowed logging, plantations and infrastructure projects to proceed without proper consultation or fair compensation.
The amendments must change this. They should make it a legal duty to identify, demarcate and gazette customary lands based on historical evidence and community mapping. They must embed the principle of Free, Prior and Informed Consent (FPIC) into every stage of decision-making.
And they must ensure that compensation reflects not only the value of the land but also the cultural and livelihood loss suffered when it is taken.
State governments need not wait for Putrajaya. They can act now by establishing joint committees with Orang Asli communities to map and negotiate land boundaries. Doing so would prevent disputes, honour court rulings and show real commitment to justice.
The courts have already drawn the map. The question now is whether Parliament, and the states, will follow it.
ASSOC PROF DR IZAWATI WOOK
Faculty of Syariah and Law
Universiti Sains Islam Malaysia
(The writer is an academic and researcher with expertise in indigenous peoples and law and the rights of the Orang Asli.)
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