Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

Hassan, Muhamad Sayuti; Nordin, Rohaida

doi:10.1163/15718115-bja10010

Cited by 7 publications

(6 citation statements)

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“…In addition, the Orang Asli Act 1954 (APA) is a significant act for the protection of Orang Asli's rights. The APA is described as an act designed according to the colonial model and continues to remain effective against the Orang Asli until today [17]. This Act has 19 sections covering the definition of Orang Asli, various Orang Asli rights, and JAKOA's administration of Orang Asli.…”

Section: Resultsmentioning

confidence: 99%

A Legal Analysis of a Human Rights-Based Approach to Food Security for Orang Asli

Sayuti Hassan

2024

KSS

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International law recognises the right to food for all, including indigenous peoples. The Food and Agriculture Organisation of the United Nations (FAO) suggests four aspects of food security sustainability: availability, accessibility, utilisation, and food sustainability. In the context of Orang Asli in Malaysia, the Orang Asli Act 1954 does not expressly provide food security for Orang Asli. The National Agrofood Policy 2021–2030 needs to be revised to comprehensively address the issue of Orang Asli food security compared to international legal standards. The gaps in this law are one of the causes that contribute to the inability to address the issue of food security for Orang Asli holistically. Therefore, the main objective of this article is to critically analyse existing laws and policies related to the right to food and food security of Orang Asli and propose a food security model for Orang Asli based on human rights principles and international legal standards. This study employs doctrinal legal methodologies applicable to international law, domestic law, and policies pertinent to Orang Asli food security. The study found that the existing law in APA 1954 needs to be revised to guarantee food security for Orang Asli. Therefore, a hybrid legal model of food security for Orang Asli is significant to address this issue comprehensively as it combines the uniqueness of the customs and aspirations of Orang Asli, human rights principles, and international legal standards. This model could assist the government in accomplishing Sustainable Development Goal 2, which aims to end hunger, achieve food security, and improve nutrition. Keywords: Food security; human rights; Orang Asli; rights to food; UNDRIP.

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Section: Resultsmentioning

confidence: 99%

A Legal Analysis of a Human Rights-Based Approach to Food Security for Orang Asli

Sayuti Hassan

2024

KSS

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“…The research utilises doctrinal legal research (Ansari & Negara, 2023) to delve deeper into the rights of women in the establishment and dissolution of marriage contracts under Oman's Personal Status Law. The data were collected via library research, much like the research conducted by (Romainoor et al, 2023) and (Hassan et al, 2022;HASSAN et al, 2023;Hassan & Nordin, 2020). The study investigates various international legal instruments, including CEDAW, in addition to Islamic law, as they pertain to the rights of women in Oman with regard to marriage and divorce.…”

Section: Methodsmentioning

confidence: 99%

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Aghbari,

Hassan,

Mamari

et al. 2024

LJIH

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The Sultanate of Oman has acceded to CEDAW in 2005. However, Oman has reservations about a few articles of the said Convention because some of its provisions conflict with Islamic Sharia or Oman's national laws, including Article 16 of CEDAW. Therefore, the objective of this article is to critically analyse Article 16 of CEDAW and the extent to which Oman Personal Status Law addresses marriage and divorce-related issues is compatible or in conflict with the Convention. To accomplish this objective, the research employs doctrinal legal research and an analytical approach to examine the texts of the Convention and their Omani equivalents. The analysis revealed that the courts could enforce the articles of CEDAW to assert rights, except for the provisions that Oman expressed reservations about. Oman has reservations regarding several features outlined in Article 16 of the aforementioned Convention, as they conflict with Islamic Law. The study highlights that the Convention effectively governs certain areas that promote gender equality in family matters, including stipulating that a woman's permission is necessary for marriage and her entitlement to dissolve the marital union by divorce or khulu' under appropriate circumstances. In addition, Oman effectively implements certain provisions of the Convention to strengthen women's rights by modifying domestic legislation. In conclusion, the Oman National Law is consistent with the CEDAW, except for the State's reservations concerning the implementation of Article 16 of the aforementioned Convention.

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“…To achieve this aim, the government came up with a set of acceptable and adequate guidelines to safeguard and advance the welfare of the Orang Asli. This policy also showcased the Orang Asli's growing economic and development progress (Hassan & Nordin, 2020).…”

Section: Background Information Of Orang Asli and Its Legal Frameworkmentioning

confidence: 95%

“…The right to self-determination encompasses indigenous people's participation in decisionmaking. However, the Malaysian state's recognition of indigenous people's participation in decision-making is still ambiguous, especially the Orang Asli in Peninsular Malaysia (A/ HRC/25/57/Add.2; Hassan & Nordin, 2018;2020). The majority of Orang Asli are marginalised, and vulnerable.…”

Section: Introductionmentioning

confidence: 99%

Comparative Frameworks of Orang Asli Decision-Making Process and the Māori of New Zealand on Sustainable Development Goal

Hassan¹,

Nordin²,

Zahir³

et al. 2023

JSSM

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The primary objective of this article is to critically analyse Orang Asli's participation in decision-making by examining international law standards as well as Māori legal recognition and practices in New Zealand. The current study adopts a qualitative socio-legal approach to examine Malaysian law's legal framework on Orang Asli's participation and evaluate if the Aboriginal Peoples Act 1954 (APA) can provide for Orang Asli's protection. It could be argued that the APA's current provisions are insufficient and do not safeguard the Orang Asli's right to self-determination, as recognised by international law. This article also argues that Orang Asli and other indigenous peoples have a significant role in the decision-making process, as mandated by the UNDRIP, and so contribute to the attainment of the SDGs and the 2030 Agenda. The papers concluded that in the Orang Asli context, the legal recognition and practices of Māori in the decisionmaking process should be emulated. As a result, the current study suggests that the APA be amended to include unambiguous recognitions and mechanisms that allow Orang Asli to participate in decision-making. The recognition is required to ensure that the Orang Asli's right to self-determination is protected following international law norms and contributes to achieving the SDGs.

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Political Participation of Aboriginal People (Orang Asli) in Peninsular Malaysia: Examining the Compatibility of the Aboriginal Peoples Act 1954 with Undrip Standards

Cited by 7 publications

References 0 publications

A Legal Analysis of a Human Rights-Based Approach to Food Security for Orang Asli

A Legal Analysis of a Human Rights-Based Approach to Food Security for Orang Asli

Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective

Comparative Frameworks of Orang Asli Decision-Making Process and the Māori of New Zealand on Sustainable Development Goal

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