64 Chapter 4 | LEGAL FRAMEWORK OF INDIGENOUS PEOPLES’ RIGHTS TO LAND benefit of Orang Asli. These provisions would only give use rights to Orang Asli in the forests. Ironically, Orang Asli are often employed as gatherers or harvesters of forest produce for traders who possess the licences to harvest forest produce, whereas for themselves, provision is made only for their domestic use. National Land (Group Settlement Areas) Act 1960 4.123 Another legislation that must be mentioned is the National Land (Group Settlement Areas) Act 1960. Under that legislation, land agencies, such as the Federal Land Development Authority (FELDA), the Federal Land Consolidation and Rehabilitation Authority (FELCRA) and other agencies such as the Pahang Tenggara Development Authority (DARA), may take over State land to develop it for the purpose of land settlement, which culminates in the issue of land titles to the settlers. Although many of these early programmes and plantations have been established in areas traditionally settled by Orang Asli, Orang Asli as a community have not enjoyed the benefits or been participants in these programmes.190 4.124 Orang Asli have however, been resettled under Regroupment Schemes or what is normally referred to as “Rancangan Pengumpulan Semula” or RPS, with the primary aims of poverty eradication, modernizing their way of life and provisions of social amenities, to regroup and reorganize Orang Asli in suitable centres in their traditional areas, and for security of Orang Asli from subversive and anti-national elements.191 This involves relocating Orang Asli to new areas with the view of transforming the participants into settled self-sufficient and productive farmers. They are required to plant cash crops like palm oil or rubber. This has meant not only a relocation of Orang Asli from their traditional areas but also a loss of ownership and control over their lands and territories.192 INDIGENOUS LAND RIGHTS AND THE FEDERAL CONSTITUTION 4.125 The content of the legislation in each of the regions must be examined in the light of the Federal Constitution which is the supreme law of the land. Although land is a State matter, Article 76(4) empowers the Federal Government to make laws affecting lands for the purpose of ensuring uniformity of such law and policy. This applies throughout Peninsular Malaysia. Article 91 also allows laws for the recognition and protection of Orang Asli customary land rights to be introduced through the National Land Council, but this does not apply for Sabah and Sarawak. There is thus, ample constitutional basis for the contextualised recognition and protection of Orang Asli customary land and resource rights. 4.126 It is established law that the deprivation of Indigenous land rights is a deprivation of the right to livelihood and a right to life under Article 5 of the Federal Constitution. It is also established that native title represents full beneficial ownership of land and is a proprietary right. Article 13 of the Federal Constitution provides that any deprivation or acquisition of Orang Asli lands must be adequately compensated. Where that property or interest is extinguished, the Government must pay adequate compensation according to of Article 13 of the Federal Constitution. 190 Kirk Endicott, “The Impact of Economic Modernisation on the Orang Asli (Aborigines) of Northern Peninsula Malaysia, in JC Jackson and Martin Rudner,(eds) Issues in Malaysian Development, (1979, Spore, Heinemann,). 167-204 at 192. 191 For examples of cases of regroupment and resettlement, see Colin Nicholas, “Orang Asli Rights, Problems, Solutions”. Suhakam Report, 2010, 26. 192 Dentan, R.K. K Endicott, A.G Gomez and MB Hooker, Malaysia and the Original Peoples: A Case Study of the Impact of Development on Indigenous Peoples, Allyn and Bacon 1997above n 8. chapter 4_a4.indd 64 7/5/13 6:46 PM