Addressing the Rights of Indigenous Peoples to Resources in Malaysia: A Procedural Justice Approach

Wook, Izawati

doi:10.1163/15718115-02601003

Cited by 4 publications

(2 citation statements)

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“…They highly appreciate if the government can assist them in encompassing consultative participation and active engagement. This is in consonance with the suggestion by Wook (2019) that there must be provisions for a just process that provide opportunity for Orang Asli to participate in decision-making process with special consideration on their norms and decision-making institutions (Wook, 2019). It is also essential that any decision taken by the government in relation to the development of Orang Asli should not adversely affect the uniqueness and the special conditions of Orang Asli (Aiken & Leigh, 2011).…”

Section: Customary Land Of Orang Asli In Kampung Parit Gongsupporting

confidence: 62%

Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Khan

Mohd

Hassan

et al. 2021

UUM Journal of Legal Studies

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The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of ‘adat perpatih’ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security over their rights on the said customary land and the guarantee of their future generations’ socio-economic wellbeing. Having said that, this paper proposes several legal and administrative measures to not only address the uprising issues, but also to ascertain that the rights of Orang Asli residing in Peninsular Malaysia are secured.

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Section: Customary Land Of Orang Asli In Kampung Parit Gongsupporting

confidence: 62%

Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Khan

Mohd

Hassan

et al. 2021

UUM Journal of Legal Studies

Self Cite

View full text Add to dashboard Cite

show abstract

Section: Customary Land Of Orang Asli In Kampung Parit Gongsupporting

confidence: 52%

Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Khan

Mohd

Hassan

et al. 2021

UUM Journal of Legal Studies

View full text Add to dashboard Cite

The Orang Asli group forms a minority community in Peninsular Malaysia, whose livelihood mostly depends on their land and the surrounding area. Dispute over customary land rights of Orang Asli has been continual in Malaysia although Malaysian Courts, in several cases, have upheld the Common Law rights of Orang Asli to their customary lands. This poses a challenge to some Orang Asli communities and State Governments. Based on focus group discussion, profiling survey, and library research methods, this paper analyses the land rights of Orang Asli in Peninsular Malaysia, by placing focus on Orang Asli in Kampung Parit Gong, Jelebu, Negeri Sembilan. The findings indicate that the Kampung Parit Gong Orang Asli community has been strictly adhering to the customs of â€˜adat perpatihâ€™ since yesteryears, and that they highly value the land, both through usage of land and by inheritance. Several important concerns were raised by the Orang Asli in Kampung Parit Gong, particularly on the security over their rights on the said customary land and the guarantee of their future generationsâ€%9

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Justice implications of health and food security policies for Indigenous peoples facing COVID-19: a qualitative study and policy analysis in Peru

Chicmana-Zapata,

Arotoma-Rojas,

Anza-Ramírez

et al. 2023

Health Policy and Planning

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The spread of COVID-19 in Peru resulted in the declaration of a national health emergency, in which Indigenous peoples were identified as being particularly vulnerable due to their pre-existing poor health indicators and disadvantaged social conditions. The aim of this paper is to examine how the Peruvian government responded to the health and food needs of the Shawi and Ashaninka Indigenous peoples of Peru during the first 18 months of the pandemic (March 2020–August 2021). This study uses both official policy documents and real-world experiences to evaluate policy responses in terms of their immediate impact and their longer-term sustainability and contribution to the improvement of health, well-being and justice for Indigenous communities. Four health and food security responses were evaluated: the Amazon Health Plan and Indigenous Command; food aid; cash aid; and COVID-19 vaccination. We employed the Multidimensional Injustice Framework to analyse the justice implications of the design and implementation of responses. Data collection included 71 interviews with government officials (n = 7), Indigenous leaders (n = 31) and community members (n = 33). The results show how national and regional governments released policies to address the health and food needs of Indigenous peoples directly or indirectly, as part of a broader focus on vulnerable people. However, justice implications were not sufficiently addressed in the design or implementation of the responses. On the distributive dimension, Indigenous communities were prioritized to receive health goods and services, nevertheless, the distribution had shortcomings that impeded their collection and Indigenous food systems and livelihoods were largely overlooked. On the procedural dimension, Indigenous representatives were included to provide culturally sensitive feedback on health interventions, but without funding, and furthermore, the community members had only passive participation. This paper points out the importance of considering and addressing justice implications for more effective and fairer health and food policy responses to current and future health crises.

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Addressing the Rights of Indigenous Peoples to Resources in Malaysia: A Procedural Justice Approach

Cited by 4 publications

References 0 publications

Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Customary Land Rights of Orang Asli: A Case Study in Kampung Parit Gong, Negeri Sembilan, Malaysia

Justice implications of health and food security policies for Indigenous peoples facing COVID-19: a qualitative study and policy analysis in Peru

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