the meaning of the definition of “Federal purposes” contained in Article
160(2). Article 83 of the Federal Constitution, on the other hand, provides
for the acquisition of land for Federal purposes. Article 83(1) states:
If the Federal Government is satisfied that land in a State,
not being alienated land, is needed for federal purposes,
that Government may, after consultation with the State
Government, require the State Government, and it shall
then be the duty of that Government, to cause to be made
to the Federation, or to such public authority as the Federal
Government may direct, such grant of the land as the
Federal Government may direct:
Provided that the Federal Government shall not require the
grant of any land reserved for a State purpose unless it is
satisfied that it is in the national interest so to do.
The powers of acquisition as detailed in Article 83 of the Federal Constitution
are moreover not fettered. That is, the land may be acquired in perpetuity
and without restrictions as to the use of the land. Hence, not only is the
federal Government empowered to obtain land for Orang Asli reserves, it
may also acquire for the Orang Asli exclusive rights over particular tracts
of land for specific purposes such as fishing, hunting, gathering, logging,
mining, settlement, and such. These are powers vested in the Federal
Constitution but, sadly, they are yet to be exercised in favour of the Orang
Asli to any significant extent (cf. Rachagan 1990: 105).
Thus, aside from the general rights in the Federal Constitution accorded
to Malaysian citizens, including rights to property, association and religion,
the Federal Constitution also stipulates that special rights and protections
are to be accorded to the Orang Asli community.
ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS
5