4. CURRENT AND PERSISTING CHALLENGES IMPEDING THE PROMOTION AND PROTECTION OF THE RIGHTS OF THE ORANG ASAL IN MALAYSIA The following section highlights some of the contemporary and persisting issues that impede the promotion and protection of the rights of the Orang Asal in Malaysia. i. Customary Land rights The IP have a special bond with their customary land, which is part of their identity. Customary land constitutes an integral element of their culture and way of life. Through their deep understanding of, and connection with the land, indigenous communities have been able to manage their resources for generations. The Federal Constitution of Malaysia gives a certain level of protection for the natives of Sabah and Sarawak to continue their special relationship with their land, including spelling out the fiduciary obligation of the Federal and State Governments that ensures the respect, recognition and protection of customary land rights. However, the Orang Asli in Peninsular Malaysia is left out in this specific provision. Mainstream development and forest conservation have greatly infringed the IP’s claim to their customary land. This often means that their livelihood and future are seriously threatened. Many indigenous communities continue to be expelled from their territories under the pretext of the establishment of protected areas, including forest reserves and national parks. Forced displacement of the IP from their traditional lands as a result of laws and policies that favour the interests of commercial companies and the Government are major factors in the impoverishment of these communities. Over the years of conducting various studies and receiving complaints from the IP, SUHAKAM has found that many issues exist with regard to native customary right (NCR) to land, such as: • Lack of or non-recognition of NCR to land by the Government; • Differing perspectives of NCR to land between the Government and the IP; 44