THE ABORIGINES ( NEGRITO ) IN MALAYSIA
The paper reviews content about aborigines1 (negrito) in Malaysia. It explained and described the incidents or events related to the negritoes in Malaysia. First and foremost, it started from the history of the negritoes in Malaysia. Followed by the characteristics of negrito. Besides that, we will discuss about the organization of negrito. So, we will explain the religion, marriage and family, society, life, hunting and gathering.
sad aborigines, Malaysia, history, characteristics, organization, religion, marriage, family, society, life, hunting and gathering
The Aborigines are one of the Indigenous peoples of Malaysia. The term of Orang Asli or aborigines means the original or first peoples of Peninsular Malaysia. Altogether there are 18 Orang Asli tribes. Negerito, Senoi and Proto-Malay are the three main groups for Orang Asli. The Orang Asli are peoples with unique languages, knowledge systems and religious beliefs. Based on their traditional values, visions, needs and priorities, they are having their own varied thinking of development. They have precious knowledge of practices for the tenable management of natural resources. They have a special connection to and use of their traditional land. Few of the northern Orang Asli groups speak languages. It is recommend a historical link with the indigenous peoples in Burma, Thailand and Indo-China. It is estimated that there are more than 370 million indigenous people spread through 70 countries worldwide. The Orang Asli have much in common with other umconcerned segments and societies such as lack of political representation, economic marginalization and poverty, lack of access to social services and prejudice. There is also population problem within the community and this often guide to the neglect of their health and essential needs like proper clothing and healthy foods for the families.
Orang Asli are the earliest population having been staying in Malaysia since about 5000 years ago in Peninsular Malaysia,. It is believed that most of them come from China and Tibet which goes through mainland of Southeast Asia before ledge in Peninsular Malaysia and the Indonesian archipelago. The Aborigines are not a homogenous group. Each tribe has it’s own language and culture and perceives itself as different from the others.
The lifestyle and means of survival of the Orang Asli varies. In Peninsular Malaysia, fishing is the chief occupation of coastal communities such as the Orang Laut,Orang Seletar and Mahmeri. Other communities practise permanent agriculture and conduct their own rubber,oil palm or cocoa farms. Another approximately 40% of Orang Asli peoples live close to or within forested areas. These include of the Semai, Temiar, Che Wong, Jahut, Semelai and Semoq Beri communities which employ in swiddening as well as hunting and gathering. They trade in petai, durian, rattan and resins to earn cash incomes. A very small number, especially among the Negerito groups are still semi-nomadic and depend on seasonal harvests from the forest.
In Sabah, the coastal and riverline communities essentially engage in fishing and cultivation of food for their own consumption. Excess food, cash crops and jungle produce provide them with a cash income. The majority of the aboriginal population live in the rural areas as subsistence farmers practicing diversified agriculture combined with tapioca,wet padi,fruits and vegetables. An increasing number of them cultivate cash crops. In Sarawak,the rural indigenous population also practice rotational cultivation with an emphasis on hill rice.These communities compliment their diet by hunting and gathering forest produce. A small smount of the Penan community still lead a nomadic life,hunting and gathering while the rest of the community guide a settled or partially settled life.The rural aboriginal communities depend on the river for their drinking water,food,washing and transportation.
1.1 Central issues of Aborigines
1.1.1 Land Rights
Malaysia as a country with a pioneer past, has experienced a number of typical land and resources conflicts with the aboriginal communities. The conflicts can be recalled back to the dual legal administration for land that were followed before independence had happened, a formal set of codified laws and another informal set of laws based on the customary practices of indigenous communities. Meanwhile, the latter was not agreed to perform independently, complicating land tenure systems further. These conflicting land tenure systems have mainly affected the development in some countries such as Malaysia, it has also affected the resources of the indigenous communities by exploitation. conflicts with indigenous communities over its land and resources. Despite law protecting the right to land in Sabah and Sarawak, for example, in practice the State has been able to alienate large tracts of land for logging, development projects and commercial purposes.
In Malaysia, the indigenous people are only considered as a tenant at will on the land inherited and there is no title given to them by the Aboriginal People Act 1954 (Art 13). Johor High Court in the case of Adong Bin Kuwau ; Anor v Kerajaan Negeri Johor ; Anor has been decided Adong bin Kuwau native rights to land should be decided according to local tradition, Adong only eligible for compensation for loss of life and non-value land. Recruitment and compensation issues taking ancestral lands in Malaysia is not in compliance with the Declaration of Indigenous Organizations of the United Nations in which the indigenous right to the lands, territories and resources and includes customs, traditions and their rights to land.
The Court of Appeal affirmed the rights of the Orang Asli to their traditional lands, unanimously threw out an appeal ( by the Selangor state government, United Engineers Malaysia, the Malaysian Highway, Authority and the Federal Government ) and held that the High Court as not misguided when it decided, in 2004, on the basis of substantial evidence and fact that was not challenged, to rule that the Temuans ( an Orang Asli sub-group ) did indeed have property rights over their customary lands.
In Sarawak, the Court of Appeal upheld an appeal by two companies; Borneo Pulp Plantation and Borneo Pulp and Paper, along with the Superintendent of Lands and Surveys of Sarawak, against the Iban of Rumah Nor, Bintulu on 8 July 2005. Even though the community of Rumah Nor lost the case due to insufficient evidence, this judgement is seen as a bittersweet victory for indigenous peoples in Sarawak because the appellate court re-affirmed the concept of native customary rights on temuda (cultivated land),pulau (communal reserve) and pemakai menoa (community’s territorial domain). The community of Rumah Nor currently has its appeal filed with the highest court in Malaysia, the Federal Court, and this is still pending.
In Sabah, Rungus indigeneous communities succeeded in getting their land removed from land vested with the Sabah Forestry Development Authority (SAFODA) in Kanibongan for the planting of Acacia Mangium in 1983. The Rungus indigenous communities were given verbal assurances that the land would be returned to the people after the trees had been harvested. However, the agreement was never fulfilled.
1.1.2 Conflict with development of land
Land development undertaken by the government in the area of Aboriginal land has caused conflict between the developer and the local community.This situation has resulted in Aboriginal involved were left homeless and the search for forest resources for their livelihood.Torren system practiced by Malaysia through the National Land Code 1965 only give importance to the land registered in the Land Registry, and the ancestral lands inherited from generation to generation is not included in the registration system under the land laws of Malaysia.State government authorities can take any land,including land occupied by Orang Asli as provided by the Land Acquisition Act1960(NoorAshikin,2011) . In Haji Abdul Rahman & Anor v Mahomed Hassan ,the court (Lord Dunedin) held that the land administration system of the State of Selangor is a system of registration of title modeled on the Australian Torren system. Under such a system, there is no room for the application of equity.
1.1.3 Customary Land Conficts
The protection of Aboriginal reserve land can be easily undone by the State Authority as state in Aboriginal Act and under Article 8(5)(c) of the Federal Constitution, it legitimizes discriminatory legislation in favour of Orang Asli by the way of provisions in the law of their protection, well-being and advancement (including the reservation of land) or the reservation to aborigines of a reasonable proportion of suitable positions in the public service. This situation is contrary to Clause (85) (5) of the Constitution of Malaysia for the Aboriginal reserve land is federal land, where cancellation is only possible with the consent of the Federal Government. State Authority may choose not to make a declaration of Aboriginal reserves and authority to determine eligibility for Aboriginal living permanently in the area of Aboriginal reserves. In the case of Sangka Chuka & Anor v Entadbir Tanag Daerah Mersing, Johor & Ors , this situation can lead to problems of interpretation error or abuse of these qualifications and can affect Aboriginal reserve land . The word “may” also mean that the provisions of this Act is to allow and do not require the protection of Aboriginal land reserves allow it to be withdrawn at any time and cause the loss of Aboriginal land and whatever there is in the area of the reserve. Section 12 of the Act there is also mention of compensation for trees and crops cultivated by indigenous peoples but again words “may” not guarantee payment of benefits because it is determined ultimately by them. ( Anthony Williams- Hunt, 2005).
2.0. HISTORY OF THE NEGRITOES
1.0 History of the Negritoes
‘Negrito’ means a member of any certain dark-skinned peoples living in Oceania and South-East Asia. The Negritoes or as known as the Semang are of an unknown origin. Some believe that the Negritoes may be descendants from the ancient Australoid-Melanesian, who are the settlers of Southeast Asia. The Negritoes are also believed that they are descendants of wanderers that formed a relation between Africa and Australia because they have shown strong physical similarities with the African Pygmies, but they are still genetically closer to other Southeast Asian populations. Evidence indicates and proves that they have physical features which strongly resemble the African dwarfs rather than any of the other main South East Asian ethnic groups.Tribes of the NegritoesThe negrito tribe consists of Kensiu, Kintak, Lanoh, Jahai, Mendriq and Bateq ethnic races. The Kensiu are only found in Kampung Lubok,Legong,Kedah.Due to racial prejudice among neighbouring people groups the Kensiu have decided to avoid contact with the public.While the Government has tried to interfere with the Kensiu community,this not only caused difficulty to their community but is also a traumatic transition for them as well.There is very little activity among their settlements and most of their structures are in very dilapited conditions.Their main source of income is trading forest products such as rare wood,resins,honey and herbs in exchange for necessities such as salt,knives,tobacco etc.The Kensiu do not allow marriage with outsiders.They only allow their Kensiu cousins from Thailand or people within the Kintaq community.Those who marry outsiders will be evicted from the village.Ancient beliefs still remain strong within their community. The Kintak reside at the outer edges of the districts of Gerik,Hulu Perak.They lived a nomadic life back in the old days to find suitable food sources.Due to serious attention given by the Government towards the Indigenous communities,the Kintak have modernized their style of living so that they are on par with the modern world.They also take part in professional fields such as wide or blue-collared services.They are free to marry with whom they desire on the condition that the married couple agree to build their place for living and shelter.They belief in the Tok Batin’s powers.They fear the Tok Batin’s powers because they believe that his powers are unbeatable,extraordinary and maintained. Once known as Sabub,the Lanoh have settlements scatteres in the northern regions of Perak especially in the Lenggong district.The Lanoh’s used to be hunter-gatherers.The caves were used as shelters during hunting trips. They also drew on cave walls using charcoal and made pictures by carving limestone rock.Now most of them work in rubber and oil palm plantations.The Lanoh people believe in naturalism such as all animals captured in the forest are not allowed to suffer in pain during captivity. The Jahai have various settlements in northeastern Perak and northwestern Kelantan. Just like the Lanoh’s,the Jahai used to be hunter-gatherers as well.When the Government launched the Temenggor Dam,their community was flooded.Due to the damage done,Jabatan Hal-Ehwal Orang Asli(JHEOA)which is know known as Jabatan Kemajuan Orang Asli(JAKOA)decided to promise the Jahai peoples with new houses,tarred roads,electricity,amenities,agricultural opportunities and monetary compensation.Their houses are made from bamboo,wood and bertam leaf attap.Their main source of income is gathering forest products such as petai,rattan and medicinal herbs.The Jahai practice three religions,Animism,Islam and Christanity. The Mendriq community reside around the edges of Kuala Lah,Gua Musang,Kelantan.They were initially Normadic but resettlement projects have taken away their identity and history and also economic security.They used to scout for food,fruits and also gather forest reserves for medical use.In the present day,they grow cash crops but struggle to make enough income for food and other necessities because of competition of the produce.This has caused their diet to deteriorate,thus causing malnutrition among their community.The Mendriq are animists.They believe in the forces of the jungle and strongly fear the spirits of dead ancestors and killed animals. The Bateq have various settlements in Kelantan,Terengganu and Pahang.Their main source of survival is through a combination of hunting and gathering wild foods and trading forest products such as rattan and resin wood for food,tobacco and manufactured goods.They are a nomadic community where most of them move between three villages every six months.The women tend crops while the men hunt mousedeer,monkeys,gibbons,birds and harvest bamboo.The Bateq community are animists and they disown their people who have converted to Islam. They are settled in the areas around titiwangsa Mountains and are centralized mostly on the northern side of the Peninsular. Descendants of Hoabinhians. The Negritoes are probably posterities of the Hoabinhian rain forest foragers who inhabited the Malay Peninsula from 10,000 to 3,000 years ago. The genetic evidence supports that Negritos are posterities of Hoabinhian hunter-gatherers who occupied northern parts of Peninsular Malaysia during late Pleistocene. These Hoabinbian hunter-gatherers later cooperated with the Senoi agriculturists during early Holocene era. When agriculture arrived in the peninsula at about 4,000 years ago, some Hoabinhians became farmers while others continued searching widely for food, supplementing their stores by trading with other traders. In the early days, the Negritoes traded with Malay-speaking settlers, but the relations gradually go off with the growth of the Malay population and its political power, leading to extensive Malay slave invading of Negritoes and other aboriginal peoples in the 19th century. The British colonial government banned slavery in the late 19th century and established policies to protect the Orang Asli. The Department of Aboriginal Affairs which was established in 1954 was to win the Orang Asli away from Communist terrorists, and is now charged with providing education, health care, and economic development to the Orang Asli. The relationship between the Malays and the Negritoes tend to be strained because of the conceited attitude of the Malays and government pressures on Semang to become Muslims. Relations with non-Malays are generally more pleasant. The Negritoes was then known as the Orang Asli in peninsular Malaysia.
The Aborigines in Malaysia have many characteristics. The Boys from Muslim tribes often leave home at the age of 7 and live in a surau (a prayer house & community centre) to learn religious and cultural teachings.They have many festivals such as Turun mandi, baby blessing ceremony; Baralek – wedding ceremony; Batagak pangulu – clan leader inauguration ceremony; Manyabik – harvesting ceremony and many more.Traditional Orang Asli music includes saluang jo dendang which consists of singing along with a bamboo flute, and talempong gong-chime music. Dances include the tari piring (plate dance) and tari payung (umbrella dance). 6. Randai is a folk theatre tradition which incorporates music, singing, dance, drama, and the silat martial art. It is usually performed for traditional ceremonies and festivals. ceremonial orations consist of many forms including aphorisms, proverbs, religious advice, parables, and similes. The Orang Asli traditional houses are called Rumah gadang (big house).The Rumah Gadang are usually owned by the women of the family who live there and are passed from mother to daughter. Traditional folktales (kaba) consist of narratives which present the social and personal consequences of either ignoring or observing the ethical teachings.For negrito, they are of an unknown origin.They are egalitarian. Beside that, negrito have dark skin,frizzy-haired,short statute and mostly steatopygia. Thier genetic is Y-chromosome Haplogroup C-M130. We can note that negrito have lived as a freestanding group for a long time from genetic research.The language they used mostly Malay.Most works and activities are done by both male and female or husband and wife teams except the heavy work like hunting and cutting down the large trees was done my male.They have no religious authority or scripture. They feel alter from group to group and individual to individual.They consider that a number of deity superhuman beings live in the stone pillars and below the earth. Actually these beings are mostly linked with natural phenomena such as wind,stone and old large tree.Their shaman is called “Hala”. “Hala” can be both sex. They act as healers.Thier functions are curing illnesses by songs,charming,herbal medicines and massages. On the other hand, negrito is also believe that the shadow-soul goes to an island in afterworld in the western horizon upon death. They entomb corpse in swallow graves.
“Based on Section 3 in the Aboriginal Peoples Act 1954 (Act 134), the Aborigines is defined as follows: Any of which the father is a member of the Aborigines ethnic groups, who speaks the Aborigines languages and follows the way of life of the Aborigines and traditions of the Aborigines beliefs and includes the descent through the man; Any person of any race were to be adopted as a child by the Aborigines and raised as an Aborigines, habitually speaks the languages of the Aborigines, follows to the way of life of the Aborigines and traditions of the Aborigines and becomes a member of the Aborigines community, or Children of any union between an Aborigines woman and a man from another race, provided that the child habitually speaks the Aborigines languages and beliefs of the Aborigines and is still a member of an Aborigines community.” There are government and non-governmental organizations that cater to the needs and welfare of the aborigines in Malaysia. The Jabatan Kemajuan Orang Asli (JKOA) is a government department that handles matters pertaining to settlement development, human capital development, economic development and social development. The department has been involved in the settlement activities via a few projects since 1980. Among the projects are preparation of homes for the affected aborigines, infrastructure development and commercial crops such as palm oil and rubber. Under the human capital development initiative, a number of programmes are implemented to prepare the youth for future development. A lot of programmes are being carried out to cater for the children of the aborigines to continue their studies and eventually to acquire higher academic qualification. This effort includes preparing them to further their studies in overseas. The economic development initiative focuses on improving the economy of the aborigines via involvement from RISDA and FELCRA on palm oil and rubber plantation. While the social development programme provides housing assistance to the poor aborigines. However, there are a number of non-governmental organizations that are established to protect the aborigines such Persatuan Orang Asli Semenanjung Malaysia (POASM) whose main objective is to protect their identity, heritage and future. POASM urges for their needs and development to be reoriented; given respect, cooperation, freedom and social justice. This involves improving the laws, policies and the institutions that are responsible in the aborigines’ affairs. This include the national dispute-resolution arrangements especially in relation to the settlement of aborigines claims to land and resource rights. The POASM also urges that the aborigines must be consulted in matters relating to the plan and implementation of programmes affecting them. Center for Orang Asli Concerns (COAC) which was established in 1989 is another establishment that protects the interest of the aborigines in Malaysia and somewhat dissatisfied by the way JAKOA is administered and hope it has more representatives from the aborigines. This establishment assists in court cases involving aborigines rights and disseminate news and information about the aborigines.
5.0. RELIGION OF THE NEGRITOS
The Negritoes does not have any religious authority or scripture and their beliefs differ from group to group and individual to individual. Nevertheless, there are resemblances discoverd among the Negritoes and other Orang Asli. Most of the groups tend to see the world as a disk resting on the back of a turtle. And above the earth is a heaven filled with blossoms. It is also believed that the earth is connected to the earthly world by stone pillars.The Negritoes believe that there are perpetual superhuman beings living in the stone pillars and below the earth. They were once humans and infrequently return back to earth and appear in people’s dreams. Most of these beings are gifted with natural phenomenon powers. The thunder god, the “Grandmother” and the snake are important figures of the superhuman beings. 2.2.1 The thunder god The thunder god has the power and control to tumble trees on Negritoes who break taboos.The “Grandmother” of the underworld helps the thunder god. The Snake is the one that supports the earth, and is also one who can create destructive floods.The shaman in the negritoes are known as ‘hala’. The ‘hala’ can either be male or female and they often heal people. They receive trainings through their dreams. Songs, massages, herbal medicines and spells are used by these shaman to cure illnesses. Sometimes they go into trances in healing ceremonies to cure diseases. When the negritoes die, most groups believe that the shadow-soul goes to an island in the afterworld. Before the soul of the dead departs, it loiters as a malicious ghost on the terrestrial. 2.4.2 Traditions of the funerals Rituals and the setting up of protective measures during the traditional Negritoes funeral are practised by the negritoes to protect people from the spiteful spirits. The negritoes bury the dead on a platform in a tree which is known as a tree burial.. The shaman are often buried in a different way as their heads will be above the ground.
6.0. MARRIAGE AND FAMILY OF THE NEGRITOES
Couples in the negrito come together willingly by the approval of each other, their parents have little or no power on that. The negritoes’ tradition discourages a marriage between family members. A small feast is usually set up and gifts were given to the bride’s family from the groom during the ceremony. Among the settled groups, the groom sometimes does a bride service for the bride’s family where he would give service to his bride and her family. Couples may join the camp of the each others family or alternate between both.Polygyny and polyandry are very rarely practised in the negrito community. In most cases, divorce is acceptable especially if there is no children in the family or the couple is simply not living together any more. Most of the time the break ups are ultimately peaceful and harmonious. The negritoes who have divorced usually still remain in the same camps together.The recognition of divorce differs, it is only applicable to certain conditions occuring in the family especially among young couples who do not have children yet. The divorce can be proposed by either one of the spouse, the outcome of the divorce is executed by the moving out of the current shelter that they once lived in together. In the negrito community, it is usual for former spouses, both remarried, to live peacefully in the same camp although the divorces were harsh. The younger children usually stay with their mother when their parents divorce whereas the older children had the privilege to make their own choice to stay with either one of them. In remarried families, the step-parents would normally treat the spouse’s children like their own.
The family protects their preadolescent children by giving them shelter. While the adolescent daughters sleep in an extension or share a separate shelter with other girls and the adolescent boys usually share separate canopies. The mother in a family normally devotes more than the father although it is the duty of both the parents to give them shelter and care. The children tend to pick up skills through casual observation and participation much more better rather than strict training. Western negritoes tunnel-houses provide adjacent housing for marital family divisions. Occasionally a Malay-style house will be shared by more than one family in a settled group, but each family has its own section and cooking fire.
8.0. NEGRITO SOCIETY
In Negrito society, a marriage family is one of the most crucial element. There are no descent groups and no bards that always camp together. In fact, they are made of families that come together and break up as necessity and convenience apply. The Negrito believe in the principle that all people are equal and deserve equal rights. There are no head man or leaders to lead the camp groups and the individual automony of families is delighted. Social control is applied through informal social pressure. Therefore, thunder god will punish the offender if some taboos are broken. The Negrito society hate cruelty and violence. Negotiations or public airing of a grievance is proceed when conflict occurs and the decision will be made by the group itself. On the other hand, individuals who are unfriendly will join different groups. Most activities including chores are often done in mixed groups or husband and wife teams. Even though both groups dig for tubers, women spend more time on this. Men always do hunting jobs and heavy staff such as chopping or cutting huge trees.
9.0. NEGRITO LIFE
The temporary camps which last around a month and a half is inhabit by the Negrito.The camps include frames with a brunch of lean-tos made from branches and surrounded by palm thatch. Each lean-to is a home to marriage family, a widow and widower or a group of unmarried boys and girls. 20 shelters with 6 to 60 people are provided in each camp. The migrant western Negrito groups live in lean-to that organised in 2 rows, facing another and form a tunnel. Furthermore, the Aboriginal Affairs built Malay. Style bamboo and thatch houses, or cinder block houses. Most of the involved in dam projects, logging and development. The Department of Aboriginal Affairs has undertook to convince the Negrito to take up commercial crop production and has been training them to do so. Unfortunately, many Negrito combated.The Negrito love singing. During singing sessions, all of them which means both men and women put on flowers, leaves and also pigments. It is considered rude to say thank you when they received a portion of meat. In addition, their migrant life made it implausible to carry around heavy gongs or instruments because it likely break. Nowadays, the nomadic life is over and this has regarded to the appearance of Negrito musical instruments today. Apart from all the “jungle stories”, shamanism is a practice that involves a practitioner reaching altered stated of consciousness in order to perceive and interact with what they believe to be a spirit world which found among the Orang Asli. Here we find music that works as ways to heaven with drums beating players into trance.
10.0. NEGRITO HUNTING AND GATHERING
Traditionally, to cultivate food and manufactured goods, the Negrito society hunted and gathered wild food and traded forest products. From time to time, the Negrito planted a few crops and work for the outsiders. They usually assisted Malays to harvest their rice crop in order to get a portion of the rice crop. The food they eat is wild yams, which come in 12 types and are worthy. Wild foods comprised of bamboo shoots, nuts and seasonal fruits. Hunters used blowguns and poison darts to catch monkey, gibbons and birds as their primary sources of wild meat. Bamboo rats are excavated out of theirs burrows and fish with nets, poison, hooks, lines and also spears. They had gave up hunting massive game with bows and arrows.
The Negrito harvested crops they have been carried out for slash-and-burn agriculture and grew dry rice, cassava, maize, and sweet potatoes. After harvesting, food is shared among them. Sometimes, dogs are kept as guard animals. This is because they are useless in hunting monkey and birds. Some Negrito reared chickens for food and kept dogs and monkeys as pets. Bamboos which are evergreen perennial flowering plants were used by the Negrito to create blowpipes, cooking vessels, water containers and sleeping platforms. Mats are baskets which made from pandanus, belts and ladders are from rattan. Cloth used to made from bark. Metal tools such as knives, spear points and digging blades and things like tobacco , flour , rice and cloth are obtained through trading products such as rattan, beeswax , herbal medicines, honey and resinous woods with Chinese and Malay traders.
12.0 THE RIGHT OF THE ABORIGINES TO LAND
Aborigines view land as community property, the basis of their cultural identity and sometimes life itself. The salient features of the aboriginal title were summarized by Mohd Noor J (as he then was) in the High Court’s decision of Sagong bin Tasi ; Ors v. Kerajaan Negeri Selangor ; Ors as followings
a. It is right acquired in law and is not based on any document of tittle,
b. It does not require any conduct by any person to complete it, nor does it depend upon any legislative, executive or judicial declaration
c. It is a right enforceable by the courts
d. The aboriginal tittle and interest in aboriginal land is not lost by colonization, Instead, the radical tittle held by the sovereign becomes encumbered with native rights in respect of aboriginal land
e. The aboriginal tittle can be extinguished by clear and plain legislative intent or by an executive act authorized by such legislation, but compensation should be paid, and
f. The aboriginal people do not become trespassers on their own land by the establishment of a colony or sovereignty
Generally, the rights of the Orang Asli to land have not been formally codified in any written law in Malaysia. Under National Land Code 1965, all land belongs to the state authorities. The rights to the land will be given only to individuals who register the tittle at Land Office. Meanwhile, the ancestral land of the Orang Asli which is obtained by way of tradition from generation to generation is not included in the registration system under Malaysian land law thus, the matter become a state concern . In this context, the state authority has the power to take into possession, any land including those occupied by the Orang Asli community, as provided under the Land Acquisition Act 1960 (hereinafter mentioned as ‘LAA’ ). According to S.3 of LAA, the state authority may acquire any land which is needed:
a) For any public purpose;
b) by any person or corporation for any purpose which in the opinion of the state authority is beneficial to the economic development of Malaysia or any part thereof or to the public generally or any class of the public; or
c) for the purpose of mining or for residential, agricultural, commercial, industrial or recreational purposes or any combination of such purposes.
13.0 ABORIGINAL PEOPLE ACT
The Emergency guided to the formation of the Department of Orang Asli Affairs (JHEOA) and the passing of the Aboriginal Peoples Act 1954. First of all, the Aboriginal Peoples 1954 normally served to avoid the communist insurgents from seeking assist from Orang Asli. It was purposed at avoiding the demonstrator from transmitting their ideology which is a system of idea and ideals, especially one which forms the basis of economic or political theory and policy to the Orang Asli. For instance, there are provisions in the Act which let the Minister concerned to forbid any non-Orang Asli from arriving an Orang Asli area, or to forbid the entry of any written or printed material. The Minister has the final say even in the meeting of headman. The Aboriginal Peoples Act treats the Orang Asli if they were a people weak to guide their own lives and demand the ‘protection’ of the authorities to secure their behavior. It rewards the state authority the right to let Orang Asli community to leave and stay away from an area while the Act grants for the institution of Orang Asli Areas and Orang Asli Reserves. Essentially, an Orang Asli is allowed to persist in a particular area only at the satisfication of the state authority. It can abolishits status and the Orang Asli are left with no other legal remedy but to move elsewhere if at such time the state hopes to reclaim the land. In addition, in the event of such displacement happening, the state is not obligated to purcase any compensation or appropriate an alternative site. The Aboriginal Peoples Act neglected certain ground rules to treat Orang Asli and their lands. Definitely, Aboriginal Peoples Act deals the Minister disturbed or the Director-General of the Department of Orang Asli Affairs (JHEOA) the final say in all being concerning the government organization of the Orang Asli. The state authority has the final decision in matters concerning land.
In conclusion, Negrito are divided into 6 tribes which are Kensiu, Kintak, Lanoh, Jahai, Mendriq, Bateq This assignment helps our group to understand better about the Aborigines,Negritoes, Central and land issues
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14. Aghakhanian, F., Yunus, Y., Naidu, R., Jinam, T., Manica, A., Hoh, B. P., ; Phipps, M. E. (2015, May). Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4453060/
15. Negrito. (2018, August 29). Retrieved from https://en.wikipedia.org/wiki/Negrito
16. Hays, J. (n.d.). SEMANG (NEGRITOS), SENOI, TEMIAR AND ORANG ASLI OF MALAYSIA. Retrieved from http://factsanddetails.com/southeast-asia/Malaysia/sub5_4c/entry-3647.html
18. Persatuan Orang Asli Semenanjung Malaysia (POASM). (2013, June 22). Retrieved from http://www.hati.my/orang-asli/persatuan-orang-asli-semenanjung-malaysia-poasm/
19. LATEST HIGHLIGHTS. (n.d.). Retrieved from https://www.coac.org.my/
20. https://www.google.com/search?q=autonomy;oq=autonomy;aqs=chrome 69i57j0l5.4090j0j7;sourceid=chrome;ie=UTF-8
21. 2002 2 CLJ 543
22. Ibid.,at p. 612. Also see Calder v. A-G of British Colombia 1973 34 DLR (3d).
23. Ibid. Also see the Wiki People v. The State of Queensland ; Ors 1996 187 CLR 1 at p. 84.
24. Ibid. Also see Mabo No 2, headnotes at p. 2.
25. Ibid. Also see Mabo No 2, headnotes at p. 3.
26. Ibid. Also see Ward ; Ors (on behalf of the Miriuwang and Gajerrong People ; Ors v. State of Western Australia ; Ors 1998 159 ALR at p.498
27. Cheah Wui Ling, (2004), Sagong Tasi and Orang Asli Land Rights in Malaysia: Victory, Milestone or False Start? Retrieved 8 August 2008 from
29. McGinley, M. (2014, February 20). Indigenous peoples of malaysia. Retrieved from https://www.slideshare.net/MarkMcGinley/indigenous-peoples-of-malaysia
30. User, S. (n.d.). Kaum Kintak. Retrieved from https://www.perakgis.my/jakoa/index.php/kenali-orang-asli/suku-kaum-orang-asli/kaum-kintak
31. Hays, J. (n.d.). SEMANG (NEGRITOS), SENOI, TEMIAR AND ORANG ASLI OF MALAYSIA. Retrieved from http://factsanddetails.com/southeast-asia/Malaysia/sub5_4c/entry-3647.html