Nevertheless, recent court decisions in matters concerning Orang Asli rights to their traditional land and resources have interpreted the Aboriginal Peoples Act in a manner that ensures its compliance with the Federal Constitution. As can be seen from the summaries of the precedent-setting judgments below, the courts have thus far been proactive and clear as far as the recognition of Orang Asli rights is concerned. Ruled: Only Orang Asli have rights to forest produce in Orang Asli areas (Koperasi Kijang Mas v Kerajaan Negeri Perak) In 1992, the Ipoh High Court, in deciding the case of Koperasi Kijang Mas & 3 others v Kerajaan Negeri Perak & 2 others, held that the State Government of Perak had breached the Aboriginal Peoples Act, 1954 (revised 1974) when it accepted Syarikat Samudera Budi Sdn. Bhd’s tender to log certain areas in Kuala Kangsar. These areas included lands which have been approved by the State Government as Aboriginal Reserves namely the Orang Asli regroupment schemes of RPS Sungei Banun and RPS Pos Legap. The High Court went on further to hold that Syarikat Samudera accordingly had no rights to carry on logging activities and that only Orang Asli as defined in the Aboriginal Peoples Act had the right to the forest produce in these reserves. An important point canvassed by the State Government was that the lands, although approved, had not been gazetted. Justice Malek in a strong opinion held that gazetting was not a mandatory requirement. The approval of the State Government for the lands to be aboriginal reserves had, without the necessity of gazetting, created the reserves and thereafter only Orang Asli have exclusive rights to the forest products in the reserves. This decision has important implications for Orang Asli land rights as official ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS 7