1.4 FIDUCIARY DUTY AND COMPLIANCE WITH THE FEDERAL CONSTITUTION It should be evident by now that the Orang Asli have been accorded certain ‘special’ rights both under the Federal Constitution, the Aboriginal Peoples Act as well as in the 1961 Policy Statement. Unfortunately, in practical terms, the Federal Constitution and the Aboriginal Peoples Act have been interpreted by administrators and the authorities in a manner that denies the Orang Asli the enjoyment of these rights. Even the clear directions given in the 1961 Policy Statement have been whittled down or ignored completely, especially when alternative action programme plans are drawn up. This is especially so in the area of Orang Asli customary land rights. This issue was taken up by the Court of Appeal in the Sagong Tasi case (September 2005). Acknowledging that the purpose of the Aboriginal Peoples Act 1954 was to “protect and uplift the First Peoples of this country”, Judge Gopal Sri Ram asserted that, “it was therefore fundamentally a human rights statute, acquiring a quasi-constitutional status giving it preeminence over ordinary legislation. It must therefore receive a broad and liberal interpretation.” This, he said, was in keeping with the early debates and discussions as recorded in the Federal Legislative Council hansards, newspapers of the day and archival records which clearly showed that Orang Asli lands were to be recognized. For example, as noted in the judgment, when the Orang Asli representative, Tok Pangku Pandak Hamid, asked the Minister of Education if the government had any plans to ensure that the hereditary lands of the Aborigines are reserved for their use, Enche Mohd Khir Johari replied: Steps are now being taken to create these reserves and there are also in existence others which were ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS 13