• Indigenous peoples in Malaysia

    Indigenous peoples in Malaysia

    The peoples of the Orang Asli, the Orang Ulu, and the Anak Negeri groups together constitute the indigenous population of Malaysia. Although Malaysia has adopted the UN Declaration on the Rights of Indigenous Peoples, the country’s indigenous population is facing a number of challenges, especially in terms of land rights.

The Indigenous World 2025: Malaysia

The 2020 Census shows that the Indigenous Peoples of Malaysia were estimated to account for around 11% of the 32.4 million national population. They are collectively known as Orang Asal. The Orang Asli are the Indigenous Peoples of Peninsular Malaysia and they numbered 206,777 in 2020.

The 18 Orang Asli subgroups within the Negrito (Semang), Senoi and Aboriginal-Malay groups account for 0.8% of the population of Peninsular Malaysia. In Sarawak, the Indigenous Peoples are collectively known as Natives (Dayak and/or Orang Ulu). They include the Iban, Bidayuh, Kenyah, Kayan, Kedayan, Lunbawang, Punan, Bisayah, Kelabit, Berawan, Kejaman, Ukit, Sekapan, Melanau and Penan (and 12 new ethnic groups that are discussed below). They constitute around 1.2 million or almost 50% of Sarawak’s population of 2.45 million people. In Sabah, the 39 different Indigenous ethnic groups are known as Natives or Anak Negeri and make up some 2.1 million or 62% of Sabah’s population of 3.4 million. The main groups are the Dusun, Murut, Paitan and Bajau groups. While the Malays are also Indigenous to Malaysia, they are not categorized as Indigenous Peoples because they constitute the majority and are politically, economically and socially dominant.

In Sarawak and Sabah, laws introduced by the British during their colonial rule recognizing the customary land rights and customary law of the Indigenous Peoples are still in place. However, they are not properly implemented, and are even outright ignored by the government, which gives priority to large-scale resource extraction and the plantations of private companies and State agencies over the rights and interests of the Indigenous communities. In Peninsular Malaysia, while there is a clear lack of reference to Orang Asli customary land rights in the National Land Code, Orang Asli customary tenure is recognized under common law. The principal act governing Orang Asli administration, including occupation of the land, is the Aboriginal Peoples Act 1954.

Malaysia has adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and endorsed the Outcome Document of the World Conference on Indigenous Peoples but has not ratified ILO Convention 169.


This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here


 

Resilience in a world of challenges

In 2024, Orang Asal youth in Malaysia played a pivotal role in advocating for their communities’ rights, preserving cultural heritage, and addressing pressing socio-environmental challenges. Leveraging digital platforms and grassroots initiatives, youth emerged as key drivers of change, balancing Indigenous knowledge with modern tools in order to amplify their voices.

Youth-led initiatives, including short films, digital storytelling, and community workshops, have become essential in raising awareness about land rights and community struggles. For instance, Jahut tribe member (‘Jungle Girl’) Nur Rafidah Man’s digital campaigns promoting forest-based products showcase the adaptability of Orang Asal youth in combining economic empowerment with cultural advocacy.[1] Meanwhile the collective Apa Kata Wanita Orang Asli (AKWOA) empowers young Orang Asli women to use creative media, including short films and social media, to amplify their voices. Their TikTok account, with over 9,600 followers, highlights how Orang Asal youth are adapting to modern platforms to address identity, land, and education issues.[2]

These efforts have also bridged generational gaps, creating spaces for intergenerational knowledge transfer. While elders possess Indigenous knowledge, youth are utilizing their technical expertise and creativity to ensure these practices remain relevant and visible in today’s world. Orang Asal youths in Sabah are also implementing their initiatives, such as community workshops focusing on cultural identity and heritage.[3] Through these programmes, youth participants explore their ancestral roots while addressing contemporary challenges such as climate change and socio-economic challenges, fostering a stronger sense of community and self-awareness.

Despite their remarkable contributions, Orang Asal youth often face immense challenges that can feel overwhelming. Climate change, diminishing resources, and the ongoing loss of ancestral lands pose significant threats to their communities. Many also struggle with preserving their identity in the face of modern pressures, compounded by the gradual erosion of Indigenous knowledge. These complex issues highlight the importance of ongoing support and collaborative efforts to bolster their resilience and empower them to continue their advocacy.

Child marriage also remains a pressing issue among Orang Asal communities, which is often linked to poverty and lack of educational access. For example, in Sarawak in 2023, there were 2,026 reported teenage pregnancies.[4] While Malaysia’s civil law sets the minimum legal age for marriage at 18, girls as young as 16 can marry with a special licence granted at the discretion of the Chief Minister. In contrast, native customary laws often lack a defined minimum age, considering girls “mature” once they experience their first menstruation. This loophole has led to troubling cases where underage rape victims are married to their perpetrators, perpetuating cycles of abuse.[5]

Law and policy developments

Meanwhile, their communities continue to face significant legal and systemic challenges. In Sarawak, the Interpretation (Amendment) Bill 2022 facilitated a progressive change by approving over 3,000 applications for Native status for children of mixed marriages since November 2023, marking a milestone in identity and legal recognition.[6] However, the Bajau Laut (or Palau), the nomadic sea community in Sabah, remain stateless and marginalized. Their lack of legal recognition has left them without access to education, healthcare, and basic services. Reports in 2024 of violent demolitions of their stilted homes further exacerbated their vulnerability. Advocacy groups are intensifying calls for legal protection and recognition of their traditional livelihoods.[7] Currently, the native courts are seen as crucial in upholding Indigenous traditions and mediating disputes yet they are often under-resourced and limited in scope. Proposals for reform include expanding their jurisdiction, providing adequate training for court officials, and integrating customary laws with broader legal frameworks to strengthen Indigenous governance and autonomy.[8]

In parallel, there are discussions to amend the Orang Asli Act, which advocates hope will provide stronger protections for Orang Asli rights, particularly in the context of land tenure and community governance.[9] Activists are pushing for clearer legal recognition of customary lands and mechanisms to ensure Free, Prior, and Informed Consent (FPIC) in all decisions affecting Orang Asli territories.

However, these efforts face significant challenges, particularly from initiatives such as the controversial role of the Pahang Orang Asli Corporation (ORACO). ORACO has been criticized for attempting to centralize control over Orang Asli agricultural lands, prioritizing corporate interests over the welfare and autonomy of Orang Asli communities. Many Orang Asli leaders have accused ORACO of undermining customary land rights by pushing for monoculture plantations and profit-driven projects without adequate consultation. This has led to growing calls for transparency and a halt to ORACO's actions until safeguards are implemented to protect Orang Asli lands and livelihoods within a culturally appropriate framework.[10]

Struggle for lands and resources

Orang Asal lands across Malaysia remain under threat from deforestation, mining, and large-scale development projects. Extensive logging in Kelantan has exacerbated soil erosion and flash flooding, contaminating water sources essential to Orang Asli communities.[11] Similarly, the Upper Baram Forest Area in Sarawak, once an Indigenous-led conservation model, has faced setbacks due to logging concessions and a lack of transparency. Abrupt cancellations of international conservation agreements have sidelined Indigenous communities, undermining efforts to sustainably manage 283,500 hectares of forest and agricultural land.[12] Despite these challenges, Indigenous leaders continue to advocate for the revival of conservation initiatives and greater Orang Asal involvement in forest governance.

As Malaysia moves closer to enacting a national climate change bill, civil society groups and Orang Asal leaders are emphasizing the critical need to incorporate Orang Asal rights into this legislation. Development projects aimed at mitigating climate change, such as solar farms and hydroelectric dams, often proceed without the FPIC of Indigenous communities.[13] The proposed 300-megawatt hydroelectric dam in Kelantan’s Nenggiri Valley threatens to displace over 1,000 Orang Asli.[14] Similarly, Sarawak’s ambitious plans to become the “Battery of ASEAN” involve building multiple cascading dams across 10 river basins, including the Baram Dam, which was halted in 2015 due to strong resistance from Orang Asal communities.[15],[16],[17] While the Baram project was suspended, concerns persist about its potential revival, which would threaten over 20,000 Orang Asal and submerge significant tracts of ancestral land. Projects like the Tutoh/Apoh Dam, also proposed in Sarawak, have drawn criticism for bypassing FPIC protocols.[18]

In Sabah, silica mining in Kudat and the Nature Conservation Agreement (NCA) are both framed as climate change mitigation measures. The silica mine in Kudat is intended to extract silica for the production of glass used in solar panels, a key component of renewable energy infrastructure. Meanwhile, the NCA aims to generate carbon credits by preserving forests in Sabah, contributing to global carbon offset programmes. However, these initiatives have often disregarded Orang Asal voices and FPIC principles, raising concerns about their social and environmental impacts. Orang Asal leaders stress the need for greater transparency and community participation to ensure that such initiatives respect their socio-cultural and ecological significance while truly delivering on their climate promises.[19], [20]

Rare earth mining has also emerged as a significant concern, particularly in Pahang and Perak, where mining projects are being pursued to meet the growing global demand for green energy technologies. While these resources are touted as essential for the energy transition, the extraction processes are often invasive, threatening ecosystems and displacing Orang Asal communities. Many families are now forced to travel long distances for clean water, as mining activities further exacerbate water scarcity.[21]

There have, however, been some landmark victories in Orang Asal rights. In Perak, the recent case of the Ulu Geruntum mini-hydro dam highlights the importance of Orang Asal advocacy and judicial support. In September 2024, a Malaysian court ruled against a mini-hydro dam project in Ulu Geruntum, citing the failure of developers to secure FPIC from the Orang Asli communities affected. The dam, proposed without proper consultation, would have affected Orang Asli villages, disrupted their livelihoods, and caused significant environmental damage. The court decision not only halted the project but also awarded nominal compensation to the community for the destruction of their ancestral grave sites and trees. This demonstrates the potential of legal systems to uphold FPIC principles and safeguard against encroachment.[22] And in the Taiping High Court, the Orang Asli's right to their land was upheld. However, this ruling limited their claims to core settlement areas, excluding traditional foraging and hunting grounds that are equally vital for their cultural and economic survival.[23] This limitation highlights ongoing challenges in securing comprehensive land rights despite legal victories.

Global advocacy and regional dynamics

The international community has increasingly recognized the struggles and contributions of Malaysia’s Orang Asal. The Universal Periodic Review (UPR) highlighted the need for stronger protections for land rights, environmental justice, and FPIC. Key recommendations from the UPR included ensuring the full implementation of FPIC in all development projects impacting Orang Asal lands, addressing gaps in the enforcement of land rights, and establishing clear mechanisms for Orang Asal participation in policy-making processes. These recommendations also stressed the importance of providing targeted support for Orang Asal women and youth to enhance their representation in leadership roles.[24] Similarly, the CEDAW Committee’s concluding observations emphasized the marginalization of Orang Asal women, calling for targeted actions to combat child marriage, improve access to education, and implement gender-sensitive land policies.[25] Notably, this was the first time a shadow report has been submitted to the CEDAW Committee by Malaysian Orang Asal groups, and this significantly influenced the strength and specific nature of the concluding observations.[26]

The coming year presents both challenges and opportunities for Malaysia’s Orang Asal. Development pressures are expected to intensify, particularly from energy and resource-based projects. However, the resilience and advocacy of Orang Asal communities, supported by international recommendations and youth-driven initiatives, offer hope for stronger recognition of their rights. Key priorities include strengthening FPIC processes, integrating Indigenous knowledge into policy frameworks, and ensuring equitable benefit-sharing. Youth empowerment, cultural preservation, and environmental stewardship will remain central to building resilient and self-determined Orang Asal communities.

Junia Anilik is a Kadazan from Penampang and the Head of Programmes at Partners of Community Organizations in Sabah (PACOS Trust), which is an associated member of the Jaringan Orang Asal SeMalaysia (JOAS), the Indigenous Peoples’ Network of Malaysia. This email address is being protected from spambots. You need JavaScript enabled to view it.

 

This article is part of the 39th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. The photo above is of an Indigenous activist Funa-ay Claver, a Bontok Igorot, standing alongside Indigenous youth activists and others. They are protesting against the repressive laws and human rights violations suffered through the actions and projects of the Government of the Philippines and other actors against Indigenous Peoples at President Marcos Jr’s national address on 22 July 2024 in Quezon City, Philippines. The photo was taken by Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas and is the cover of The Indigenous World 2025 where this article is featured. Find The Indigenous World 2025 in full here

 

Notes and references

[1] The Sun Daily. “Rainforest to Reels: Orang Asli Finds Success on TikTok.” 26 March 2024. https://thesun.my/style-life/going-viral/rainforest-to-reels-orang-asli-finds-success-on-tiktok-KH12262008

[2] The Star. “The Power of Storytelling.” 16 September 2024. https://www.thestar.com.my/news/focus/2024/09/16/the-power-of-storytelling

[3] Majlis Belia Orang Asal Facebook Page. https://www.facebook.com/Mboas.admin

[4] The Vibes. “Girls from Iban Community Account for Highest Cases of Teenage Pregnancies.” 23 June 2024. https://www.thevibes.com/articles/news/102500/girls-from-iban-community-account-for-highest-cases-of-teenage-pregnancies

[5] Nabalu News. “Sabah to Table Cabinet Papers to End Child Marriages in Native Communities.” 20 November 2024. https://www.nabalunews.com/post/sabah-to-table-cabinet-papers-to-end-child-marriages-in-native-communities

[6] The Borneo Post. “Over 3,000 S’wak Bumiputera Applications Approved Since November 2023.” 18 November 2024. https://www.theborneopost.com/2024/11/18/over-3000-swak-bumiputera-applications-approved-since-november-2023/

[7] ABC News. “Who Are Bajau Laut People and Why Are They Being Evicted?” 11 August 2024. https://www.abc.net.au/news/2024-08-11/who-are-bajau-laut-people-and-why-being-evicted/104182780

[8] MSN News. “Beyond Rituals and Animal Sacrifices: Sabah’s Native Courts Resolve Disputes, Preserve Tradition, and Offer Practical Justice over Costly Civil Court Battles.” Accessed 21 November 2024. https://www.msn.com/en-my/news/national/beyond-rituals-and-animal-sacrifices-sabah-s-native-courts-resolve-disputes-preserve-tradition-and-offer-practical-justice-over-costly-civil-court-battles/ar-AA1uspT2?ocid=BingNewsVerp

[9] Malay Mail. “DPM Zahid: Act 134 to Be Amended, Legal Aspects on Orang Asli Land, Marriage to Be Improved.” 23 February 2023. https://www.malaymail.com/news/malaysia/2023/02/23/dpm-zahid-act-134-to-be-amended-legal-aspects-on-orang-asli-land-marriage-to-be-improved/56431

[10] Malaysiakini. “Orang Asli Claim Overlogging Destroyed Their Main Water Source.” 14 December 2024. https://www.malaysiakini.com/news/713848

[11] Eco-Business. “Malaysia Civil Society Asserts Need for Climate Change Bill to Protect Local and Indigenous Consent.” 11 August 2024. https://www.thevibes.com/articles/news/103063/orang-asli-claim-overlogging-destroyed-their-mainwater-source

[12] The Star. “Sarawak Fulfilling Its Aspiration to Be the Battery of ASEAN.” 28 October 2024. https://www.malaysiakini.com/news/722649

[13] The Vibes. “Sarawak to Develop 10 River Basins to Supply Hydropower.” 1 November 2024. https://www.eco-business.com/news/malaysia-civil-society-asserts-need-for-climate-change-bill-to-protect-local-and-indigenous-consent/

[14] Dayak Daily. “Communities of Tutoh River and Mulu Oppose to Building of Cascading Dam, Demand Consultation.” 14 February 2024. https://www.malaysiakini.com/news/696118

[15] The Star. “Sarawak Fulfilling Its Aspiration to Be the Battery of ASEAN.” 28 October 2024. https://www.thestar.com.my/business/business-news/2024/10/28/sarawak-fulfilling-its-aspiration-to-be-the-battery-of-asean

[16] The Vibes. “Sarawak to Develop 10 River Basins to Supply Hydropower.” 15 April 2024. https://www.thevibes.com/articles/news/101631/sarawak-to-develop-10-river-basins-to-supply-hydropower

[17] The Vibes. “Sarawak Govt Confirms Construction of Three More Hydroelectric Dams.” 16 January 2024. https://www.thevibes.com/articles/news/100693/sarawak-govt-confirms-construction-of-three-more-hydroelectric-dams

[18] Dayak Daily. “Communities of Tutoh River and Mulu Oppose to Building of Cascading Dam, Demand Consultation.” 16 January 2024. https://dayakdaily.com/communities-of-tutoh-river-and-mulu-oppose-to-building-of-cascading-dam-demand-consultation/#google_vignette

[19] The Vibes. “Native Activist Raises Concerns over Environmental Impact of Sand Mining in Kudat.” 19 February 2024. https://www.thevibes.com/articles/news/101026/native-activist-raises-concerns-over-environmental-impact-of-sand-mining-in-kudat

[20] Mongabay News. “UN Probes Controversial Forest Carbon Agreement in Malaysian Borneo.” 18 March 2024. https://news.mongabay.com/2024/03/un-probes-controversial-forest-carbon-agreement-in-malaysian-borneo/

[21] Malaysiakini. “Pos Lanai Rare Earth.” 29 July 2024. https://newslab.malaysiakini.com/pos-lanai-rare-earth/en/

[22] Mongabay News. “Malaysian Court Shuts Down Hydroelectric Dam Project on Indigenous Land.” 12 September 2024. https://news.mongabay.com/2024/09/malaysian-court-shuts-down-hydroelectric-dam-project-on-indigenous-land/#:~:text=A%20Malaysian%20court%20ruled%20this%20week%20that%20hydropower,secure%20proper%20consent%20and%20must%20halt%20operations%20immediately

[23] Malay Mail. “Taiping High Court Upholds Orang Asli Land Rights in Gerik, Limits Claims to Core Settlement Area.” 29 October 2024. https://www.malaymail.com/news/malaysia/2024/10/29/taiping-high-court-upholds-orang-asli-land-rights-in-gerik-limits-claims-to-core-settlement-area/155234

[24] Cultural Survival. “Malaysia under Scrutiny: UN Review Highlights Indigenous Rights Concerns.” Accessed 26 February 2024. https://www.culturalsurvival.org/news/malaysia-under-scrutiny-un-review-highlights-indigenous-rights-concerns

[25] Office of the United Nations High Commissioner for Human Rights (OHCHR). “Concluding Observations on the Combined Third to Fifth Periodic Reports of Malaysia.” 6 June 2024. https://www.ohchr.org/en/documents/concluding-observations/cedawcmysco6-concluding-observations-sixth-periodic-report

[26] The Star. “Championing the Rights of Indigenous Women and Girls in Malaysia.” 4 June 2024. https://www.thestar.com.my/lifestyle/family/2024/06/04/championing-the-rights-of-indigenous-women-and-girls-in-malaysia

Tags: Land rights, Youth, International Processes

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