representative. 41 The conduct of public affairs stated above refers to the exercise of legislative, executive and administrative powers, and include the formulation and implementation of policy at international, regional and local levels. 42 In Malaysia, representation of the Orang Asal and their interests in the Government are guaranteed by the Federal Constitution. In the context of the Orang Asal’s representation in the Senate, Article 45(2) 43 of the Federal Constitution, which provides the composition of the Malaysian Senate, states the following: “The members to be appointed by the Yang di-Pertuan Agong shall be persons who in his opinion have rendered distinguished public service or have achieved distinction in the professions, commerce, industry, agriculture, cultural activities or social service or are representative of racial minorities or are capable of representing the interests of the aborigines” 44 With respect to the Orang Asal’s representation in the public service, Article 8(5)(c) of the Federal Constitution allows for the reservation of a reasonable proportion of suitable positions in the public service especially for the Orang Asli in Peninsular Malaysia. 45 Additionally, Article 153(2) provides that the Yang di-Pertuan Agong shall exercise his function under the Constitution and federal law to reserve for, among others, the natives of Sabah and Sarawak, reasonable proportions of positions in public service (other than the public service of a State). 46 iii. Native Courts The Orang Asal utilises their unique traditional customs or Adat to govern their daily lives. They include customary laws that govern their social system as well as on their lands, territories and resources, among others. 47 The United Nations Declaration on the International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR), Article 25(a) 42 HRC (n. 40), para. 1, 5 43 Federal Constitution of Malaysia (n. 11), Article 45(2) 44 Ibid. 45 Federal Constitution of Malaysia (n. 11), Article 8(5)(c) 46 Federal Constitution of Malaysia (n. 11), Article 153(2) 47 SUHAKAM (n. 9) 41 15