unambiguously accorded special privileges and protection under Articles 153 and 161A. Article 153 in fact imposes a responsibility that enables, indeed obliges, the Yang DiPertuan Agung to provide these special privileges. While the Federal Constitution does not explicitly state that the Orang Asli do not enjoy such clearly defined provisions of special privileges and protection, it does nevertheless provide some recognition of their special status. More specifically, the Federal Constitution provides that the ‘aborigine’ is within the responsibilities and powers of the Federal Government as distinct from the State Governments (Ninth Schedule, Federal List No. 16). This is a provision that enjoins the Federal Government with all powers and responsibilities. Article 8(5)(c) in fact, enables the Government to provide: “… for the protection, well-being or advancement of the aboriginal peoples of the Malay Peninsula (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service.” However, it is frequently held by the authorities that in the reservation and alienation of lands for the Orang Asli, the Federal Constitution appears not to be on side of the Orang Asli. Officers of the Department of Orang Asli Affairs (JHEOA), in particular, frequently assert that because the Federal Constitution provides that all matters pertaining to land comes under the purview of the individual states (Ninth Schedule, State List No. 2), this provision hinders the establishment of land reserves for the Orang Asli as provided in Article 8(5)(c). Basically they argue that while the Orang Asli are a federal matter, land is a state matter. As such, their hands are tied in this regard. However, as contended by Rachagan (1990: 103), Lim (1997: 3-4) and others, the Federal Constitution does actually contain adequate provisions for the Federal Government to establish these land reserves. Specifically, the acquisition of land for the creation of reserves for Orang Asli comes within 4 ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS