Thus it can be seen that the Orang Asli were deemed to be in possession
of titled rights to their traditional lands all this while despite claims by the
authorities to the contrary.
1.3
GOVERNMENT POLICY
In 1960, after the end of the communist insurgency in the then Malaya,
the government decided to continue the institution of the Department of
Aborigines—now renamed the Jabatan Hal Ehwal Orang Asli (JHEOA)—in
order that it will be able to realise the mandate of the Federal Constitution
and the Aboriginal Peoples Act that the welfare and progress of the Orang
Asli are taken care of.
In this light, the government, through the JHEOA, introduced in 1961 the
important policy document entitled, Statement of Policy Regarding the
Administration of the Orang Asli of Peninsula Malaysia (hereinafter called the
‘1961 Policy Statement’).
The 1961 Policy Statement has several ‘broad principles’ that assures the
Orang Asli of their wide-ranging rights. Among these are:
[1(a)] The aborigines … must be allowed to benefit on
an equal footing from the rights and opportunities which
the law grants to the other sections of community….
special measures should be adopted for the protection of
institutions, customs, mode of life, person, property and
labour of the aborigine people.
[1(b)] The social, economic, and cultural development of
the aborigines should be promoted with the ultimate object
of natural integration as opposed to artificial assimilation
…. Due account must be taken of the cultural and religious
values and of the forms of social control.
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ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS