The Indigenous World 2026: Malaysia

Written on 22 April 2026. Posted in 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, according to a special report by the Department of Statistics Malaysia (DOSM), the Orang Asli population in Peninsular Malaysia was estimated at 227,900 in 2025.^[1] The 18 recognised 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 (plus 12 new ethnic groups which are discussed below). They account for 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 categorised 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 recognising 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 recognised under common law. The principal act that governs 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 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Legal, policy, and emerging governance frameworks

As noted in The Indigenous World 2025, legal and policy reforms affecting Orang Asal in Malaysia have been characterised by incremental change, prolonged uncertainty, and limited Indigenous participation. Developments in 2025 largely reflected a continuation of these patterns rather than a substantive transformation in how Indigenous rights are recognised or implemented.

In Peninsular Malaysia, proposed amendments to the Aboriginal Peoples Act 1954 (Act 134), initiated by the federal government through the Department of Orang Asli Development (JAKOA), remained unresolved throughout the year. The proposed revisions were framed by the government as efforts to modernise administrative provisions and empower Orang Asli communities through seven focus strategies, namely land, education, health, economy, leadership, infrastructure and culture.^[2] However, Orang Asli organisations continued to raise concerns about the lack of transparency and meaningful consultation in the amendment process.^[3] Memoranda submitted by Orang Asli groups reiterated demands for legal recognition of customary land rights, self-determination in village governance, and the incorporation of Free, Prior and Informed Consent (FPIC) into law. The government has responded that they will hold public hearings in early 2026.^[4]

In Sabah, 2025 also saw renewed public and political attention on questions of authority and governance in the context of the Malaysia Agreement 1963 (MA63). The Malaysia Agreement, which governs the terms under which Sabah and Sarawak joined the federation of Malaysia, defines constitutional arrangements related to autonomy, revenue sharing and decision-making authority between the federal government and the Bornean states. A High Court ruling affirming Sabah’s constitutional right to a 40% net revenue entitlement was widely regarded as a landmark decision and contributed to heightened discourse on state autonomy and long-standing grievances over marginalisation.^[5] This renewed emphasis was reflected in the 2025 Sabah state election, where voting patterns indicated growing support for local-based political parties and an increased assertion of “Sabah for Sabahans” sentiment.^[6] Meanwhile, proposals to replace the existing Native Courts Enactment with a revised version^[7] similarly illustrated the slow and uncertain pace of reform. Native Courts play a central role in Orang Asal systems of justice and governance, particularly in matters relating to land, family, and adat (customary law and Indigenous norms governing social relations, land use and community life). While the state government announced plans in 2024 to raise the minimum age of marriage within Native Courts’ jurisdiction, including tabling cabinet papers to end child marriage in native communities,^[8] no legislative amendments had been enacted by the end of 2025.

At the national level, other legislative initiatives also advanced with limited consideration of Orang Asal rights. The proposed Seed Bill, intended to regulate plant varieties and seed management, raised concern among Orang Asal farmers and civil society organisations, who warned that the Bill could restrict traditional seed-saving, exchange, and cultivation practices central to Indigenous livelihoods, food security, and the transmission of agricultural knowledge.^[9]

In parallel, new governance frameworks related to climate and carbon management were introduced at both federal and state levels. In 2025, Malaysia enacted the Carbon Capture, Utilisation and Storage (CCUS) Act,^[10] while Sabah passed the Climate Change and Carbon Governance Enactment.^[11] Although framed as responses to climate commitments and economic opportunities, Orang Asal organisations noted that these laws were developed without explicit safeguards for Indigenous land rights, FPIC, or Indigenous participation, despite their potential implications for forests and customary territories.^{[12] [13]}

Taken together, these developments reinforced concerns that reforms affecting Orang Asal remain fragmented, slow-moving, and largely procedural, offering limited protection from ongoing land dispossession and resource encroachment and without adequate involvement and consultation with Indigenous Peoples.

Land rights, development pressures, and economic interventions

Land remained the primary source of insecurity for Orang Asal in Malaysia in 2025.

In Peninsular Malaysia, developments involving state-linked economic interventions and carbon-related initiatives highlighted ongoing tensions around Orang Asli land governance and consent. The Pahang Orang Asli Corporation (ORACO), a state-linked corporation established by the Pahang State Government to manage and implement commercial development projects on Orang Asli land, continued to be presented by the state as a vehicle for Orang Asli socio-economic development, particularly through the management of commercial agricultural schemes on Orang Asli land.^[14] At the same time, Orang Asli organisations and their allies raised concerns regarding the concentration of decision-making authority within ORACO, limited transparency, insufficient community consent, limited community control over land use, and the longer-term implications of corporatised land management for customary tenure and self-governance.^[15]

Similar concerns were reflected in debates surrounding a forest carbon initiative in Pahang linked to Enggang (Pekan) Sdn Bhd, a private company, which was authorised under an agreement with the Pahang State Government to manage, restore, and commercialise carbon credits from forest reserves covering approximately 97,000 hectares.^[16] Orang Asal organisations and allies working on Orang Asli rights highlighted the fact that the project framework treated Orang Asli primarily as “stakeholders” rather than rights-holders, and raised concerns regarding engagement and consent processes that did not meet genuine FPIC standards.^[17] Taken together, these developments contributed to heightened uncertainty among Orang Asli communities regarding land security and governance.

In Sarawak, Orang Asal communities continued to pursue legal challenges against plantation and logging operations alleged to have encroached on Native Customary Rights (NCR) land. Disputes over land clearing, forest access, and compensation remained unresolved in many areas. Opposition to large-scale infrastructure projects, including hydropower development, also persisted, reflecting long-standing resistance to projects perceived as threatening Orang Asal territories, livelihoods, and cultural heritage.^[18]

Furthermore, although the shelving of the Papar dam project in Sabah reduced immediate displacement risks, no formal binding commitment was announced, leaving communities uncertain as to whether the project might be revived.^[19]

Peace and security

Although Malaysia did not experience armed conflict in 2025, Orang Asal continued to face peace and security challenges rooted in structural inequality, land insecurity, and shrinking civic space. Across Peninsular Malaysia, Sabah, and Sarawak, unresolved land claims, development pressures, and governance decisions translated into prolonged tension, social stress, and mistrust toward state institutions.

In Kampung Kelaik, Kelantan, ongoing land encroachment progressively restricted the Temiar community’s access to areas used for customary practices, including rituals and ancestral burial grounds, undermining livelihoods, cultural continuity, and social cohesion. ^[20]

Meanwhile, in Kampung Sena, Pahang, the Jakun community faced acute legal insecurity when they were compelled to defend their customary land in the Kuantan High Court against a lawsuit filed by 96 individuals claiming 99-year leasehold titles over the village territory. Rather than engaging in physical protest, the community responded through collective legal action supported by Indigenous leadership networks and legal advocacy bodies. After being served with a legal summons on 28 August 2025, giving them only four days to prepare a defence, community members mobilised rapidly with the support of neighbouring villages and traditional leaders. The case was heard on 2 September. Although Kampung Sena had been officially recognised by the Department of Orang Asli Development (JAKOA) for more than four decades, the village was never gazetted as an Orang Asli Reserve, enabling leasehold titles to be issued between 2020 and 2022. The plaintiffs sought eviction orders, demolition of homes, and control over existing oil palm planted on the land.^[21] On 26 September 2025, the court directed that the matter be considered for conversion from an originating summons to a writ of summons, a move that would require a full trial with oral testimony, including evidence based on customary use and oral history. On 14 October 2025, the plaintiffs withdrew their originating summons and were ordered to pay RM6,000 (1,300 Euros) in costs to the Jakun defendants, before refiling the case as a writ.

Both cases underscored how unresolved land recognition and fragmented governance expose Orang Asal communities to prolonged stress, eviction risks, and insecurity despite long-standing occupation and recognition.

The resurgence of autonomy discourse in Sabah was reflected across political debates, media commentary and public forums. It also coincided with renewed attention on the Keningau Oath Stone, a customary site symbolising historical commitment, Indigenous systems of authority and moral accountability, particularly following severe flooding and infrastructure neglect, highlighting ongoing governance failures affecting rural Indigenous communities.^[22] This renewed attention occurred alongside persistent material insecurity in rural Orang Asal territories. For instance, two villages, Kampung Sonsogon Makatol Darat, Kota Marudu, and Kampung Minusuh, Tongod, filed a lawsuit in November 2025 against their elected representative and the Sabah state government, citing decades of neglect and a failure to provide basic services. According to court filings, the communities alleged violations of their constitutional rights to life and equality, pointing to the absence of roads, electricity, clean water, healthcare access, and education facilities. Community representatives stated that repeated appeals to authorities over many years had gone unanswered, leaving legal action as a last resort. The case underscored how prolonged marginalisation and lack of infrastructure in Indigenous territories constitute not only development failures but also ongoing peace and security concerns, deepening feelings of exclusion and mistrust toward state institutions.^[23]

In Sarawak, peace and security challenges were particularly pronounced in interior regions such as Baram and Ulu Baram, where Orang Asal communities continued to oppose proposed hydropower projects, citing risks to ancestral territories and cultural heritage. In other forested areas, Orang Asal communities defending their Native Customary Rights (NCR) land from logging and plantation activities faced arrests, investigations, and legal action. In mid-2025, two Indigenous Penan men were arrested following community actions to stop logging activities in interior forest areas.^[24] They were subsequently released but were required to attend further court proceedings on charges of obstructing forestry officials during operations. According to community sources, the men were asked to sign documents upon their release that were later understood to form an admission of guilt. As of the end of 2025, the case remained unresolved and with a final decision still pending into 2026. The Penan men continue to be subject to monitoring by the government. At the organisational level, Orang Asal and environmental groups supporting affected communities also faced heightened scrutiny. The Indigenous-led organisation SAVE Rivers publicly stated that it was a non-profit organisation after being questioned by the Sarawak Forest Department regarding its activities.^{[25] [26]} Civil society actors expressed concern that such actions were contributing to a climate of intimidation and discouraging legitimate Indigenous organising.^[27]

These developments demonstrate that peace and security challenges faced by Orang Asal in Malaysia are non-violent but deeply structural, arising from legal uncertainty, prolonged land disputes, criminalisation of Orang Asal defenders, and the erosion of customary governance systems.

Moving forward

While legal and policy reforms continued to advance slowly, and with limited Indigenous participation, Orang Asal themselves remained the primary drivers of progress through leadership, collective organising, and knowledge-sharing. One positive development was the appointment of the Chairwoman of Pertubuhan Wanita Orang Asal Malaysia (PWOAM) as a permanent member of the National Women and Family Council, which was welcomed as a step toward greater representation of Orang Asal women’s perspectives in national policy spaces.^[28] Orang Asal-led gatherings also played an important role in strengthening networks and articulating shared priorities. National and regional platforms such as the 3^rd Malaysia Indigenous Peoples Education Conference (MIPCE)^[29] and World Indigenous Peoples’ Day commemorations brought together Orang Asal leaders, women, youth, and organisations from Peninsular Malaysia, Sabah, and Sarawak.^[30] In Peninsular Malaysia, Orang Asal organisations facilitated dialogues on Orang Asli health and well-being through the Bicaraq Kesihatan gathering, which centred community perspectives on access to healthcare, Indigenous healing practices, and systemic inequalities.^[31]

Taken together, these developments reflected not a resolution of structural challenges but rather the continued resilience and organising capacity of Orang Asal in the face of ongoing land encroachment, regulatory expansion, and criminalisation. Moving forward, the experiences of 2025 reaffirmed that lasting peace and security will depend on the recognition of Orang Asal as rights-holders, the protection of customary lands, and the institutionalisation of Indigenous participation in decision-making, all conditions that remain largely unmet despite gradual reforms.

Junia Anilik is a Kadazan from Penampang and the Head of Programmes of 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 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Notes and references

^[1] Department of Statistics Malaysia (DOSM). Special Report on the Demographics of Orang Asli. Putrajaya: DOSM, 14 October 2025. http://www.statistics.gov.my/uploads/release-content/file_20251014161813.pdf

^[2] Sinar Harian. “Pindaan Akta Orang Asli 1954: Perlindungan dan Kemajuan Komuniti Orang Asli di Malaysia.” 31 July 2025. https://www.sinarharian.com.my/article/741179/berita/nasional/pindaan-akta-orang-asli-1954-perlindungan-dan-kemajuan-komuniti-orang-asli-di-malaysia

^[3] Sinar Harian. “Komuniti Orang Asli Desak Pindaan Akta 134 Dibuat Secara Adil, Inklusif.” 20 November 2025.
https://www.sinarharian.com.my/article/757407/berita/nasional/komuniti-orang-asli-desak-pindaan-akta-134-dibuat-secara-adil-inklusif.

^[4] Malaysia Gazette. “Parlimen Rancang Sesi Pendengaran Pindaan Akta Orang Asli Akhir Januari 2026.” 18 November 2025. https://malaysiagazette.com/2025/11/18/parlimen-rancang-sesi-pendengaran-pindaan-akta-orang-asli-akhir-januari-2026/

^[5] The Star. “Court Ruling on Sabah’s 40% Revenue Share Is a Historic Win for MA63, Say Sabah Leaders.” 18 October 2025.
https://www.thestar.com.my/news/nation/2025/10/18/court-ruling-on-sabah039s-40-revenue-share-is-a-historic-win-for-ma63-say-sabah-leaders

^[6] Jesselton Times. “Sabah Election 2025: ‘Sabah for Sabahans’ Drives Vote as Local Parties Tighten Grip on Power.” 6 December 2025. https://jesseltontimes.com/2025/12/06/analysis-sabah-election-2025-sabah-for-sabahans-drives-vote-as-local-parties-tighten-grip-on-power/

^[7] The Star. “New Version of Sabah Native Court Enactment in the Works, Says CM Hajiji.” 1 May 2025. https://www.thestar.com.my/news/nation/2025/05/01/new-version-of-sabah-native-court-enactment-in-the-works-says-cm-hajiji

^[8] 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

^[9] The Borneo Post. “Sabah Indigenous Farmers Reject Proposed Act Amendments.” 17 November 2025.
https://www.theborneopost.com/2025/11/17/sabah-indigenous-farmers-reject-proposed-act-amendments/.

^[10] Government of Malaysia. Carbon Capture, Utilization and Storage Act 2025 (Act 870). Federal Gazette, 2025. https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/2995040_BI/Act%20870%20CARBON%20CAPTURE,%20UTILIZATION%20AND%20STORAGE%20ACT%202025.pdf

^[11] Daily Express. “Climate Enactment Opens Doors to Green Investors in Sabah.” 29 July 2025.
https://www.dailyexpress.com.my/news/263474/climate-enactment-opens-doors-to-green-investors-in-sabah/.

^[12] The Edge Malaysia. “Sabah Passes Climate Change and Carbon Governance Enactment.” 9 October 2025. https://theedgemalaysia.com/node/772381

^[13] The Edge Malaysia. “Sabah Positions Itself as Carbon Market Leader.” The Edge Malaysia, 29 December 2025. https://theedgemalaysia.com/node/787546

^[14] New Straits Times. “Oraco Delivers Record Payouts to Orang Asli Communities.” 29 August 2025. https://www.nst.com.my/news/nation/2025/08/1267482/oraco-delivers-record-payouts-orang-asli-communities

^[15] Center for Orang Asli Concerns (COAC). “Kenyataan Media Bersama Hentikan Kerja ORACO”. Press statement. 19 January 2025. https://drive.google.com/file/d/1p4VQFDkXJFw6moj69FWp58ICchc_90uo/view.

^[16] Enggang (Pekan) Sdn Bhd. “Pahang Peatland Restoration Project.” Accessed 2025. https://www.enggang.com/our-projects/#pahang-peatland-restoration

^[17] Center for Orang Asli Concerns (COAC). “COAC Rejects Enggang (Pekan) Sdn Bhd.” Press statement. 24 June 2025. https://drive.google.com/file/d/12VKOgFnG2ch4anHAPiI9EW2xV0C8dbNS/view

^[18] Berita Harian. “JOAS Serah Memorandum Tuntut Hak Peribumi Sarawak.” 24 November 2025.
https://www.bharian.com.my/berita/nasional/2025/11/1475677/joas-serah-memorandum-tuntut-hak-peribumi-sarawak

^[19] New Straits Times. “Sabah Shelves Controversial Papar Dam Project.” 6 March 2025.
https://www.nst.com.my/news/nation/2025/03/1184690/sabah-shelves-controversial-papar-dam-project

^[20] Berita Harian. “Penduduk Kampung Kelaik Sukar Teruskan Amalan Adat Akibat Pencerobohan.” 10 March 2025.
https://www.bharian.com.my/berita/kes/2025/03/1370957/penduduk-kampung-kelaik-sukar-teruskan-amalan-adat-akibat-pencerobohan

^[21] https://www.facebook.com/photo?fbid=1090273923233145&set=a.418525200408024

^[22] Bernama. “Keningau Oath Stone: A significant symbol in Malaysia’s Formation.” 15 September 2025. https://bernama.com/en/news.php?id=2467604

^[23] Malaysiakini. “Two Indigenous Villages Sue Sabah Assemblyman, State Government over Neglect.” 27 November 2025. https://www.malaysiakini.com/news/761947

^[24] Bruno Manser Fonds. “NGOs Call for the Immediate Release of Two Indigenous Penan from Sarawak, Malaysia.” 2025.
https://bmf.ch/en/news/ngos-call-for-the-immediate-release-of-two-indigenous-penan-from-sarawak-malaysia-289

^[25] The Borneo Post. “Upper Baram Communities Require Official Approval for NGO Engagement.” 30 September 2025. https://www.theborneopost.com/2025/09/30/upper-baram-communities-require-official-approval-for-ngo-engagement/

^[26] Free Malaysia Today. “We’re a Non-Profit NGO, SAVE Rivers Tells Sarawak Forest Department.” 5 September 2025. https://www.freemalaysiatoday.com/category/nation/2025/09/05/were-a-non-profit-ngo-save-rivers-tells-sarawak-forest-dept

^[27]Free Malaysia Today. “Scrap Approval Rule for NGOs to Engage Local Community, Say CSOs.” 3 October 2025. https://www.freemalaysiatoday.com/category/nation/2025/10/03/scrap-approval-rule-for-ngos-to-engage-local-community-say-csos

^[28] Pertubuhan Wanita Orang Asal Malaysia (PWOAM). “PELANTIKAN PENGERUSI PWOAM SEBAGAI AHLI TETAP MAJLIS WANITA DAN KELUARGA NEGARA (MWKN).” Facebook post. 25 November 2025. https://www.facebook.com/permalink.php?story_fbid=pfbid0sj3qFWFrTAHWzi6pU8uLLd4dqaGAmD1nuRZzVqnrV1akqkbV5T6sgc7ZmEZPxoo6l&id=100086079741375&rdid=20WGtDBsnj3UBhDD

^[29] Daily Express. “MIPCE 3 Strengthens Indigenous Identity through Education.” 15 December 2025.
https://www.dailyexpress.com.my/news/272533/mipce-3-strengthens-indigenous-identity-through-education/

^[30] The Star. “Rights of Orang Asli Paramount.” 10 August 2025. https://www.thestar.com.my/news/nation/2025/08/10/rights-of-orang-asli-paramount

^[31] Center for Orang Asli Concerns (COAC). “Bicaraq Kesihatan Kesejahteraan Orang Asli.” Facebook post. 20 October 2025. https://www.facebook.com/centerfororangasliconcerns/posts/bicaraq-kesihatan-kesejahteraan-orang-aslibicaraq-kesihatan-kesejahteraan-orang-/1129118986015305/

Tags: Global governance