and advance in agricultural technique and the choice of
suitable sites.
Since then, the JHEOA has introduced a number of action plans and
‘programme summaries’ for the attainment of the goals and principles
as outlined in the 1961 Policy Statement. But the 1961 Policy Statement
still remains as the only official policy governing the administration and
development of the Orang Asli that is still in force today.
This was confirmed by the then Deputy Director-General of the JHEOA,
Yahaya Hj. Awang, in his sworn testimony in the Shah Alam High Court
during the hearing of the Sagong Tasi case in 2001. He also testified that
there is no evidence of withdrawal of this policy thus far and as such it is still
in force (Notes of Evidence, Sagong Tasi case, Shah Alam High Court, 2001).
This being so, it is clear that the intention of the Government in 1961 was
to accord the Orang Asli with various rights, including the rights to their
traditional lands and to their culture, in accordance with the deliberations
of the 1953 Legislative Council hearings when the Aboriginal Peoples Bill
(which later became the Aboriginal Peoples Act 1954) was debated and
eventually passed. In fact, Dato Onn Jaafar in moving the Bill to the
Legislative Council on 27 October 1953, reiterated that it was to be a
“comprehensive legislation for the protection of aborigines throughout the
Federation.”
Thus the 1961 Statement of Policy Regarding the Administration of the
Orang Asli of Peninsula Malaysia puts in clear, unambiguous terms how
the legislators of the Aboriginal Peoples Act intended the Orang Asli to be
treated by further enumerating those rights in writing.
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ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS