Abstrack:
The scope of the right to self-determination is still unresolved, even after the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the General Assembly in 2007. Article 3 of the UNDRIP recognizes the indigenous people?s right to self-determination that they can freely determine their political status and freely pursue their economic, social and cultural development. The main objective of this article is to critically evaluate the right to self-determination of Orang Asli particularly on the right to natural resources that have great impact on their traditional life as well as their economic development. Firstly, this article provides brief background information on Orang Asli including their origin, demography, history and their legal position under national laws. Secondly, this article analyzes the concept of self-determination of indigenous peoples by looking at the international laws, norms and practices. Thirdly, the legal framework on the right to natural resources will be analyzed by looking at the relevant domestic acts, court cases as well as government policies that affect the life of Orang Asli. The compatibility of domestic law with the international standards on the rights to self-determination and natural resources is the main aspect of this section. Finally, this article concludes that irrespective of the latest recognition on the rights to self-determination of indigenous peoples, there is much more to be done to ensure protection in practice. Thus, it is hoped that this article could provide positive contribution towards better recognition and protection of the rights of indigenous peoples, particularly to Orang Asli in Peninsular Malaysia.
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