Report of the National Inquiry into the Land Rights of Indigenous Peoples 11 distinctiveness from the dominant society, determination to preserve their rights and identity, intricate relationship with land, territories and region, and the presence of customary, social and political institutions. 2.3 Articles 1 and 2 of the UN Declaration on the Rights of Indigenous Peoples (“UNDRIP”) State that indigenous peoples have the right to enjoy all human rights and freedoms from discrimination, not only as individuals but also as a collective. Indigenous collective rights stem from the way indigenous peoples organise themselves as a group or community. 2.4 In Malaysia, based on the UN working definition, “Indigenous Peoples” would include the aborigines of Peninsular Malaysia and the natives of Sabah and Sarawak, who are also recognised as such by the Federal Constitution and relevant State laws. ORANG ASAL OR INDIGENOUS PEOPLES OF MALAYSIA6 2.5 The majority of the Indigenous Peoples of Malaysia still live in rural and in many cases, remote areas, although more and more also live in the periphery of the urban areas. Many survive by hunting and gathering, fishing, swidden farming, arboriculture, and by trading forest products. A significant number, especially in Sabah and Sarawak, now work in the civil service on in the private sector, but by and large indigenous peoples are still a rural population. Land development projects and Government programmes have turned many into rural peasants or labourers. 2.6 Indigenous peoples of Malaysia have a close relationship to their lands, territories and resources. Their lands and resources are significant not only as a means of livelihood but also as part of their spiritual and cultural life, and form part of their identity as peoples. Indigenous knowledge, innovations and practices on natural resource management are rarely understood. The main concept underlying such resource management is that of use and protect, which incorporates a keen awareness of the environment, an appreciation for conservation and continuity. 2.7 Indigenous Peoples have distinct spiritual and material relationships with their customary land, which forms part of their identity as Peoples. The recognition, and the promotion and protection of rights over indigenous peoples’ customary lands and resources are vital for their development and cultural survival. Because of this close relationship and the need for land for the survival of most indigenous peoples, the economic, psychological and social impacts of land loss are therefore especially serious among indigenous peoples. 2.8 Indigenous communities have their own age old customs or adat related to the use and protection of lands, territories and resources. Adat also forms the foundation of life and existence, and serves as a blueprint in the maintenance order and social system, assertion of identity, education of the younger generation and upholding of traditional belief system and interpretation of reality. Indigenous peoples’ definition of adat includes both written and unwritten customs, rules and norms that govern every indigenous person and community. Adat encompasses customary laws, concepts, principles and practices, and the customary institution that implements and regulates such laws, concepts, principles and practices. In short, it can be called a holistic set of indigenous system of governance. 6 chapter 2_a4.indd 11 The Malay language term “Orang Asal” is often used by indigenous peoples of Malaysia as a collective term to refer to the Orang Asli of Peninsular Malaysia and the natives of Sabah and Sarawak. This term is accepted and used by the Human Rights Commission of Malaysia, but there is still debate among some Government agencies. 7/5/13 6:42 PM