No abstract

The prevailing view about the Orang Asli’s occupation of land and access to forest resources are that they are ‘privileges’ extended by the states or at the governments’ discretion. It is widely believed that the Orang Asli live on the State land as tenant-at-will. This paper proposes to examine the position of the Aboriginal Peoples Act 1954 (Act 153) (the APA) and trace its historical background. It takes both historical and doctrinal approaches in the legal research methodology. Situated within this historical background, the principle that developed from it and the position of the laws, the paper argues that under the principle of respect to the rights of the existing inhabitants, the law recognizes the rights of the Orang Asli to their land and resources that arose from their custom and practice. The APA establishes a framework to recognize and protect these rights. There is no legal basis for the perception that the Orang Asli live on the State land on the benevolence of the State. Keywords: Legal history; Aboriginal Peoples Act 1954; Indigenous peoples; Orang Asli; Peninsular Malaysia.

No abstract

Two national parks in Malaysia have been recognized by the Convention Concerning the Protection of the World"s Cultural and Natural Heritage as the world heritage sites; the Gunung Mulu National Park and Kinabalu Park. None of the forest in Peninsular Malaysia has achieved that status but four have made it through the nomination list. The Malaysian government"s recent initiative was to list three reserved areas, namely the Forest Research Institute Malaysia (FRIM), the Royal Belum National Park and the Gombak Selangor Quartz Ridge. The nomination for the UNESCO World Heritage Site is indeed a good move in protecting the Malaysian forest. Even though there is no direct mention of "forest" stated under the Convention, it tacitly indicates the importance of the conservation of natural forest habitat for flora and fauna and a heritage for humankind. An outstanding forest site shall be conferred a world heritage status when it possesses at least one of the criteria of an Outstanding Universal Value or OUV. Ten criteria are listed as OUV in the Operational Guidelines for the Implementation of the World Heritage Convention and it is divided as a cultural or natural heritage. This paper explores on the OUV of Malaysian forests, either included in or nominated to the World Heritage List. It describes the different OUV opted by different forest and that exemplifies the diversity and uniqueness of Malaysian forest.

The concept of procedural justice has been promoted as a potential solution in the contest for resources involving indigenous peoples and others. It seeks the formulation of processes that are fair and just both to indigenous peoples and to the other parties affected. Using a comparative approach, this paper analyses processes and mechanisms adopted in some selected common law jurisdictions against the ideal of procedural justice. It seeks to consider mechanisms which conform to the principle of procedural justice to address the issue of indigenous peoples’ rights to land and resources in Malaysia. The principle is relevant in Malaysian common law which also subjects matters affecting fundamental liberties to procedural justice. Comparative perspectives provide models for practical applications of indigenous peoples’ rights. They assist policy analysis through learning from the successes and failures of other jurisdictions in improving legal reform.