A/HRC/40/53/Add.1
of women with disabilities, indigenous women and ethnic minority women, still needs to be
significantly increased.
D.
1.
The cultural rights of indigenous peoples
Sabah and Sarawak
51.
The Constitution of Malaysia recognizes the status of indigenous peoples in Sabah
and Sarawak and has from the beginning granted them a certain degree of protection and
autonomy. The active involvement of indigenous peoples in the management of parks and
reserves as well as the representation and integration of arts, crafts, traditional costumes and
performances in museums, tourism-related products and the national arts academy’s
curriculum are positive features. However, more must be done to preserve diverse mother
tongues, to include indigenous peoples’ histories in school curricula and to increase the
representation of indigenous peoples in the bodies focused on their issues and rights in all
parts of Malaysia.
52.
The Special Rapporteur has received reports of pressure to conform culturally. This
includes the negative perception of culturally significant tattoos, which may prevent
employment in the police and the army and has led to invasive physical examinations, and
pressure to convert to Islam, to practise Islam in school or to adopt Muslim names.
53.
Because customary marriages are not always recognized, cases were brought to the
attention of the Special Rapporteur concerning difficulties in registering children of couples
married under customary law, for lack of what is considered a legitimate marriage
certificate.
54.
The most difficult issue remains that of customary land disputes, and the more than
400 cases awaiting judgment. This situation has a significant impact on indigenous peoples’
ability to exercise customary rights over their lands, upon which they depend for fishing,
hunting, farming and water, and which are critical for their cultural survival. The Native
Customary Rights Land Survey Programme is reportedly unknown to some relevant
stakeholders, who have not been consulted about its work to identify and recognize
customary lands. The July 2018 amendment to the Sarawak Land Code is also strongly
contested. Any sustainable resolution of this issue can only be reached with clear and
meaningful consultation of all the persons concerned and with full application of the
principle of free, prior and informed consent.
2.
Peninsular Malaysia
55.
The Orang Asli in Peninsular Malaysia do not seem to enjoy the same recognition as
the Sabahans and Sarawakians and are often socioeconomically disadvantaged. The 1954
Aboriginal Peoples Act states that the Director General for Orang Asli Affairs, now known
as the Department for Orang Asli Development, is responsible for ensuring the
“administration, welfare and advancement of aborigines” (para. 4). However, there were
widespread concerns about failures to safeguard endangered minority languages, to
preserve access to the forest for cultural practices and to enable indigenous peoples to
maintain their ways of life. Some report feeling pressured to conform and become
“Malays”, adopt Islam and assimilate, especially at school. There are also reports of
attempts to register Orang Asli persons as Muslims, and about the use of material
inducements to promote conversion.
56.
At school, Orang Asli children are reportedly sometimes pressured to join Muslim
prayers and wear headscarves, and accounts of their history and ways of life are almost
completely absent in the curriculum. Teachers need to integrate tolerance and respect for
diversity in their daily interactions with children. The Special Rapporteur expresses grave
concern about the reports of bullying of Orang Asli children in schools, which contributes
to the incidence of dropping out. She was especially concerned that such bullying is
considered “normal”. All relevant agencies must take a strong position against this
phenomenon, develop and implement a systematic programme to combat it and provide
tools for teachers and school administrators to prevent it.
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