In the states of Sabah and Sarawak, native courts for the IP had been formalised by the
British colonial rulers in recognition for the traditional legal systems. These courts, play
an important role in resolving disputes within the indigenous communities. However,
such courts do not exist in Peninsular Malaysia for the Orang Asli. In this regard, many
advocates of the IP’s rights are calling for the establishment of native courts in
Peninsular Malaysia. Native Courts serve as a crucial mechanism in recognising the
indigenous legal system. 140
(vi)
Health
Access to healthcare is a major issue for IP in Malaysia. Malnutrition is seen as a serious
problem for indigenous communities especially among the women and children. This
may be due to loss of land and forest, resulting in an imbalanced diet. The common
illnesses among indigenous communities include tuberculosis, malaria, anaemia and
dengue. The incidence of infectious diseases among IP is much higher than nonindigenous population. For example, the incidence of tuberculosis (TB) among Orang
Asli in Perak is about 240 per 100,000 or 5.5 times that of the overall Perak population. 141
The poor nutrient intake and limited dietary habits have resulted in chronic energy
deficiency 142 especially among the indigenous women.
Indigenous communities, especially those who live in the interior areas, face difficulties
in accessing medical treatment and healthcare services due to the distance between their
homes and the medical facilities. The clinics available in the villages do not provide
comprehensive healthcare services. In addition, language barrier is also an issue.
Indigenous communities find it difficult to communicate with the doctors or medical
officers. As a result of these factors, many IP do not seek medical treatment.
Jannie Lasimbang, ‘Sistem Perundangan Orang Asli di Malaysia’ in Round Table Discussion on Indigenous
Legal System, held on 18 May 2012
141
Jeyakumar Devaraj, ‘Between Myth and Reality : Why are Orang Asli more Prone to Illness?’ in World
Conference of Primary Care Physicians, held in Kuching, Sarawak in March 1999)
142
Lim Hwei Mian et al., ‘Nutritional Status and Reproductive Health of Orang Asli Women in Two Villages in
Kuantan, Pahang’ (Dec 1998) Malays J Nutr. 4(1) 49
140
52