“Mechanisms enabling the participation of indigenous peoples in external, nonindigenous decision-making processes can be problematic for various reasons. They may operate in environments where indigenous peoples are politically, socially and economically non dominant and, while they enhance indigenous peoples’ participation, they do not go so far as to level the playing field with non-indigenous individuals and peoples, they do not allow greater indigenous influence over decisions in practice, because they are poorly implemented, or suffer from previously unforeseeable problems; or because they give privilege to the participation of certain indigenous individuals over that of others, creating concerns about their ability to achieve equality between individuals.” 5 In this light, some of the practices recorded in the Expert Mechanism’s study were included based on the elements of those practices which appear to have positive aspects. 6 Moreover, the Expert Mechanism had even included in its report some practices which it qualifies as among those that might not have been well implemented. It did so in order to draw attention to the potential that they have to promote and protect the right of the IP to participate in decision making. 7 The Expert Mechanism went on to underscore that “Good practices may be found in, inter alia, a law, a policy programme, a single project and/or in a component of a project” 8 Similarly, the following good practices included by SUHAKAM would encompass measures – including laws, policies and programmes – that have positively impacted, as well as those that appear to have the potential to contribute to the protection and advancement of the rights of IP in the Country. In addition, measures with elements that appear to have positive aspects are also highlighted in following study. Before concluding, this study will highlight some of the current and persisting challenges that impede the full realisation of the rights of the Orang Asal in Malaysia. EMRIP (n.2), 3,4 Ibid. 7 Ibid. 8 EMRIP (n.2), 4 5 6 5

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