Procedural Justice for the Indigenous Peoples' Land Right in Malaysia

What is it about?

Land right and contest for resources have been continuing issue for the indigenous peoples, ie the Orang Asli in Malaysia. This paper suggests that the issue has to be addressed based on the principle of procedural justice in order to formulate processes that are fair and just to parties affected. It relied on the philosophical propositions on principle and the safeguard based on the same principle required by the law in Malaysia. On this framework, the paper analyses the approaches that have been adopted in some selected common law jurisdictions which provide models for practical applications of indigenous peoples’ rights.

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Why is it important?

It seeks to promote for legal change in Malaysia towards addressing the dispute involving the indigenous peoples relating to their land and resource rights based on the principle of procedural justice.

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