Orang Asli, Land, Forests and the Law: Towards Justice and Equality

Orang Asli, Land, Forests and the Law: Towards Justice and Equality evaluates the rights in land and forest resources of the Orang Asi communities who are indigenous and minority peoples of Peninsular Malaysia. The study argues that justice, fairness, equality, and non-discrimination are the basic principles that had, end have until present day, influenced the development of the laws relating to access to resources including by the Orang Asli. It thus advocates that the present laws should be interpreted, and their reform should be considered in the context of these principles. These principles are derived from multiple perspectives: historical, legal, and philosophical—used to construct a framework to propose reform of the laws affecting access to land and resources by the Orang Asil. This is multi-fold: aspects of fairness in the allocation of resources; fairness in restitution for, or reparation of, wrongs; and fairness in processes and procedures. Considering the international law position as well as the approach in other selected jurisdictions, this book suggests that a rights-based approach be taken in reforming the law. This will be significant not only to the wellbeing of the Orang Asli but the whole society.