3. GOOD PRACTICES IN PROMOTING AND PROTECTING THE RIGHTS OF INDIGENOUS PEOPLES: GOOD PRACTICES IN MALAYSIA 3.1 INTRODUCTION The following highlights some of the measures undertaken in Malaysia which are deemed as good practices by SUHAKAM in promoting and protecting the rights of IP. They range from certain legal provisions, policies and specific programmes that are seen to have positive implications on the rights of the Orang Asal. 31 The practices below include those that have proven to have positive impact, as well as those that appear to have the potential to contribute to the promotion and protection of the rights of the Orang Asal in Malaysia. In addition, measures with elements that appear to have positive aspects are also highlighted. 32 3.2 GOOD PRACTICES IN PROMOTING AND PROTECTING THE RIGHTS OF THE ORANG ASAL IN MALAYSIA i. Establishment of the Legitimate/Special Interests of the Orang Asal in Malaysia and their Protection The foremost important piece of legislation that establishes and protects the special interests of the Orang Asal in Malaysia is the Federal Constitution of Malaysia. 33 The Federal Constitution, while underscoring that all persons are equal before the law, has given a few exceptions for the Orang Asal, in that it allows for affirmative action for the protection and advancement of the special interests of Orang Asli in Peninsular Malaysia and natives of Sabah and Sarawak. In the context of the Orang Asli in Peninsular Malaysia, while the Federal Constitution generally proscribes discrimination, 34Article 8(5)(c) states that those anti-discrimination Refer to para. 1.2 of this study Ibid. 33 Federal Constitution of Malaysia (n 11) 34 Federal Constitution of Malaysia (n 11), Article 8(1), 8(2), 8(3), 8(4) 31 32 13