Aboriginal Ethnic Group Commonly Known As Orang Asli In Peninsular Malaysia: Re-Examining The Right To Take Forest Produce

Abstract

In Malaysia, the Aboriginal Peoples Act 1954 (APA 1954) provides protection for the indigenous people. They are commonly known as the Orang Asli in Peninsular Malaysia. Meanwhile, the National Forestry Act 1984 (NFA 1984) was enacted to provide for the administration of forests within the States of Malaysia. The provision of law relating to prohibition on taking forest produce in Malaysia is made applicable to the Orang Asli. This leads to injustice as collecting forest produce has been their traditional existing way of life. This paper is extremely important and aims to highlight the social issues of whether the provision of law under the NFA 1984 is reducing the overall income of the Orang Asli community and whether the prohibition of taking forest produce should not be made applicable to the Orang Asli community. This paper adopts a qualitative research methodology and employs a doctrinal content analysis as it provides a deeper understanding of the tension between the legal protection of forests and the Orang Asli's prerogative or right to gather forest produce in Peninsular Malaysia. In the context of the socio-economic, this paper proposed that the law should be amended as it disturbs the economic stability and well-being of the Orang Asli community in Peninsular Malaysia.