Rights and interests in land among the Orang Asli in the State of Pahang: a case study

Abstract

This research examines the changes in the customary land tenure among the Semai community in the state of Pahang. The case study shows that despite the locality, the Semai customary land tenure has gradually changed due to the laws and policies introduced by the government. Chapter 1 introduces the research methodology, literature review and historical background of the study. Chapter 2 is a general description of Orang Asli history, social, economic and political institutions. It also explains the changing relationships of Orang Asli and the non Orang Asli communities during various periods starting from the Malay Sultanates through colonial times until Independence. Chapter 3 discusses the positions of the Orang Asli in the Malaysian legal framework with reference to land rights. Chapters 4 and 5 examine the changes of the customary land tenure in the Semai community. The concept and classification of land in the Semai community is also discussed in these chapters. Chapters 6 and 7 study the Semai rights and interests in land. The modes of protecting the Semai land rights and claims over the land are explained in these chapters. Chapter 8 concludes the research with suggestions to improve the tenure system. For example, the Aboriginal Peoples Act 1954 (Revised 1974) should be reviewed especially provisions relating to the security of Orang Asli customary land tenure. Under the Act, the Orang Asli are considered only as tenants-at-will on their customary lands. As tenants-at-will, the Orang Asli have no security on their customary lands. In addition, this has decreased the Orang Asli’s initiative to develop the customary lands. Therefore, provisions for the Orang Asli permanent land tenure through communal titles should be incorporated under the Act to enable the Orang Asli to develop their customary lands.