provisions do not prohibit “any provision 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” 35. Further, the Federal Constitution affords the special position and protection to the natives of Sabah and Sarawak. Article 153(1) of the Federal Constitution provides that “it shall be the responsibility of the yang di-Pertuan Agong [King] to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article”. 36 Article 153 goes on to specify the approaches in order to protect those legitimate interests, such as establishing quotas for entry into the civil service, as well as for the attainment of public scholarships and education. 37 With respect to native land in Sabah and Sarawak, Article 161A(5) of the Federal Constitution has excluded the application of Article 8 concerning equality and nondiscrimination to any State law that seeks to reserve or alienate land for their natives, or for giving the natives preferential treatment for the alienation of land by the State. 38 ii. Representation of the Orang Asal in the Government The EMRIP underscores that the IP’s participatory and decision-making rights are vital to enable them to protect their cultures and languages, as well as their lands, territories and resources. 39 The representation of IPs in their Government is among the various means available to ensure the realisation of their right to participate in decisionmaking. 40 Article 25(a) of the International Covenant on Civil and Political Rights (ICCPR) provides that every citizen has the right, and shall be given the opportunity to take part in the conduct of public affairs, either directly or through their freely elected Federal Constitution of Malaysia (n. 11), Article 8(5)(c) Federal Constitution of Malaysia (n. 11), Article 153 (1) 37 Federal Constitution of Malaysia (n. 11), Article 153(2), 153(3), 153(4), 153(8A) 38 Federal Constitution of Malaysia (n. 11), Article 161A(5) 39 EMRIP, Expert Mechanism advice No. 2(2011): Indigenous peoples and the right to participate in decision (EMRIP, 2011) para. 1 making <http://www.ohchr.org/Documents/Issues/IPeoples/EMRIP/Advice2_Oct2011.pdf>accessed 30 July 2014 40 UN Human Rights Committee (HRC), CCPR General Comment No. 25: Article 25 (Participation in Public Affairs and the Right to Vote), The Right to Participate in Public Affairs, Voting Rights and the Right of Equal Access to Public Service, 12 July 1996, CCPR/C/21/Rev.1/Add.7, para. 2 35 36 14