“Mechanisms enabling the participation of indigenous peoples in external, nonindigenous decision-making processes can be problematic for various reasons. They
may operate in environments where indigenous peoples are politically, socially and
economically non dominant and, while they enhance indigenous peoples’ participation,
they do not go so far as to level the playing field with non-indigenous individuals and
peoples, they do not allow greater indigenous influence over decisions in practice,
because they are poorly implemented, or suffer from previously unforeseeable problems;
or because they give privilege to the participation of certain indigenous individuals over
that of others, creating concerns about their ability to achieve equality between
individuals.” 5
In this light, some of the practices recorded in the Expert Mechanism’s study were
included based on the elements of those practices which appear to have positive aspects. 6
Moreover, the Expert Mechanism had even included in its report some practices which it
qualifies as among those that might not have been well implemented. It did so in order to
draw attention to the potential that they have to promote and protect the right of the IP
to participate in decision making. 7
The Expert Mechanism went on to underscore that “Good practices may be found in, inter
alia, a law, a policy programme, a single project and/or in a component of a project” 8
Similarly, the following good practices included by SUHAKAM would encompass
measures – including laws, policies and programmes – that have positively impacted, as
well as those that appear to have the potential to contribute to the protection and
advancement of the rights of IP in the Country. In addition, measures with elements that
appear to have positive aspects are also highlighted in following study.
Before concluding, this study will highlight some of the current and persisting challenges
that impede the full realisation of the rights of the Orang Asal in Malaysia.
EMRIP (n.2), 3,4
Ibid.
7
Ibid.
8
EMRIP (n.2), 4
5
6
5