for approving or rejecting any project or activity affecting their lands, territories and
other resources. Based on the EMRIP’s Final Report on The Study on Indigenous
Peoples and The Right to Participate in Decision-Making, the participation of IP in the
internal process of decision making that is free from external interference, should be
supported by the community and the authority. 128
FPIC is recognised by intergovernmental organisations, international bodies, as well as
in international human rights law in varying degrees and increasingly in the laws of
States. 129 However in Malaysia, the respect towards the FPIC principle is nearly nonexistent, and as such, violates the international standard.
Numerous reports and
complaints show that the Social and Environmental Impact Assessments (SEIA/EIA)
that are required before certain projects commence were not conducted in a proper
manner and that communities were often not consulted.
(iii)
Education
Education of indigenous children is at a worrying level. Many indigenous children fail to
master the 3M skills (reading, writing, arithmetic). In addition, the number of indigenous
children who drop out from schools before Standard Six is alarming. 130 As a result,
indigenous students fail to master core subjects, including the Malay language, English,
Mathematics and Science. For example, almost 50% of indigenous children at Kampung
Kolam Air Pantai, Seremban in Negeri Sembilan have been reported to be uninterested
in going to school, 131 while a higher number of indigenous children were reported to
have dropped out in Sabah and Sarawak. 132
Based on a research by University Utara Malaysia entitled “Children of the Orang Asli
Minority in Malaysia: Achieving the Malay Language Literacy” carried out by Abdul Sukor
EMRIP (n 2), para. 18
Fergus MacKay, ‘Indigenous People's Right to Free, Prior and Informed Consent and the World Bank's
Extractive Industries Review’ (Summer 2004) Sustainable Development Law and Policy 4(2), 43-65
http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1380&context=sdlp>
130
Johari Talibet al., ‘Bagaimana kanak-kanak Orang Asli gagal di sekolah?’ (2007) MALIM: Jurnal Pengajian
Umum Asia Tenggara 8, 51-76 <http://journalarticle.ukm.my/1142/1/1.pdf>
131
Utusan Online, ‘50% anak Orang Asli enggan kesekolah’ Utusan Online (Seremban, 26 September 2011)
<http://www.utusan.com.my/utusan/info.asp?y=2011&dt=0927&pub=Utusan_Malaysia&sec=Selatan&pg=ws
_03.htm#ixzz2FYUwQem5>accessed 20 December 2012
132
Liz Gooch, ‘Indigenous Malaysians Miss School, Agency Finds’ The New York Times Online (Kuala Lumpur,
September
9,
2012)
<http://www.nytimes.com/2012/09/10/world/asia/10ihteducmalay10.html?_r=0>accessed 1 August 2013
128
129
47