1 RIGHTS OF THE ORANG ASLI The Orang Asli are the indigenous minority Malaysians of Peninsula Malaysia. This designation implies two statuses, and with it two sets of inalienable rights—Orang Asli as Malaysian citizens and Orang Asli as indigenous peoples. The second status is of particular focus here as in the context of Malaysian politico-reality, indigenity and marginalization are accepted as reasons enough for the administration of affirmative or positive discrimination. The concurrent rights of the Orang Asli, as indigenous peoples, are enumerated (and governed) in several documents, both nationally relevant and internationally applicable, namely: • • • • 1.1 The Federal Constitution; National Laws, enactments and relevant judicial decisions; Government policy statements; and International Documents and Declarations specific to indigenous peoples. THE FEDERAL CONSTITUTION The Orang Asli are referred to as ‘aborigine’ in Article 160(2) of the Federal Constitution. They are separate from the other indigenous groups mentioned therein viz. the Malays and the natives of Sabah and Sarawak who are ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS 3