The plight of Malaysia’s indigenous peoples

The official Orang Asli development unit, under the ministry of rural development has been accused of marginalizing families who don't convert. In contrast, villagers who do are provided with Infrastructure, amenities, cash handouts and gifts. Utazs or Islamic teachers are stationed in villages to influence people to convert. Within the department, Muslim Orang Asli are promoted over non-Muslims.

This has created a class divide. According to an ethnographic study, refusal to convert was regarded as being in opposition to the government, with Orang Asli afraid of being arrested and jailed. The Malaysian government has not tried to integrate Orang Asli communities into society but rather to assimilate them into the Malay community instead.

In pre-colonial times, the Orang Asli were said to have been attacked by Malays, killing the men and taking the women and children as slaves. The Malays at the time considered Orang Asli as savages, labelling them as Sakai, a derogatory term, conveying the meaning of "savage." They were interned in fortress villages during the emergency period (1948-1960), first by the British and then after independence by the Malayan government.

From a Malay perspective, the government's program of assimilating Orang Asli to the Malay culture has some cultural basis. Under the colonial period, Muslim Orang Asli were considered Malays and non-Muslim Orang Asli were classified as aborigines. The term "masuk Melayu" (become a Malay), has taken on the meaning "masuk Islam" (become a Muslim). From this perspective "Malay Adat" or custom is accommodating to outside peoples who assimilate and take on Malay customs and practice Islam. Many ethnic groups like the Indians and Chinese coming to Malaya, adopted Malay customs, like the Mamaks and Babas.

Orang Asli suffer a high incidence of poverty, with many village communities lacking even basic amenities, including health care. Their homes and farms lack legal land tenure, and many fear forcible eviction. Some feel alienated within their own land. The culprits encroaching on customary lands are the often authorities themselves. Rights and freedoms are institutionally restricted, and their very culture and freedom of religion are being attacked. Their customs, culture, and relationship to the land are ignored within the constitution.

Constitutional history and the subsequent application of administrative law has shown that there is built in discrimination against the Orang Asli. Although, Section 8 (1) of the Malaysian constitution guarantees that all persons are equal before the law, an exception has been made for the Orang Asli under clause (5) C of the same section, givnig the federal government the right to legislate for their "protection, well-being and advancement" including the reservation of land. This has been abused where administrators have been free to decide what is best for the Orang Asli without consultation with the Orang Asli communities.

These constitutional powers are extended by the Aboriginal Peoples Act 1954, which confers powers to the federal government over the Orang Asli. Orang Asli activist groups in conjunction with the Malaysian Bar Council. The groups claimedt  hat the act has not protected the Orang Asli, but harshly interfered with all aspects of Orang Asli lives. The government according to the Malaysian Bar Council has acted in contravention to the Malaysian appellate court's ruling, giving legal recognition to Orang Asli rights over customary lands and related resources, and exceeded the law by evicting Orang Asli from these lands.

In contrast, the indigenous peoples of Sabah and Sarawak, under Part VI of the Malaysian constitution are required to give consent over matters affecting them. This was never extended to the Orang Asli, making these groups the most marginalised group in Malaysia, something that is being regularly taken advantage of in Malaysia today.

Some have ventured into politics as an attempt to further their rights. Orang Asli activist Armani Williams joined the Chinese-dominated Democratic Action Party in 2011, but left a few months later, as he found the party wasn't interested in minority issues. Armani stood for a Perak state constituency in 2013 as a member of Parti Keadilan Rakyat but was defeated. Ramli Mohd. Nor subsequently won a Cameron Highlands seat as a member of the United Malays National Organization in 2019. Since his election, Ramli has been active fighting for Orang Asli rights. He is currently arguing that the next director general of JAKOA should be an Orang Asli.

But he has a long and dispiriting campaign ahead of him. His people are becoming more dispossessed without any way to seek remedy as state governments ignore the courts. The Ketuanan Melayu doctrine of ethnic Malay superiority is a major factor in further destroying multicultural Malaysia.