Statelessness Working Paper Series No. 2016/07 3. Stateless and populations at risk of stateless in Malaysia 3.1 The Orang Asli The term ‘Orang Asli’ refers to different aboriginal groups of Peninsular Malaysia, and constitute only 0.6% of the Malaysian population. 14 Three different groups of Orang Asli have been identified: Semang-Negrito, the Senoi, and the Proto-Malay. The Semang-Negrito have existed in Malaysia for over 25,000 years and are believed to originate from the Sunda Landmass (now the South East Asian States) and New Guinea.15 The Senoi migrated from Mainland South East Asia in approximately 2,000 BCE, while the Proto-Malay migrated from Borneo and Sumatra about the same time as well. 16 The three categories are further divided into nineteen ‘aboriginal ethnic groups’,17 which are scattered in all parts of Peninsula Malaysia except for the States of Perlis and Penang. 18 The Aboriginal people are a recognised people under the Federal Constitution of Malaysia and the Aboriginal Peoples Act of 1954. The experience of communities that have been in Malaysia from time immemorial is the opposite of that of the asylum seeker. British colonial policy created before the independence of Malaysia aimed at winning the Orang Asli over to the side of the British against nationalistic Malaysian communists. A federal-level Department of Aborigines was set up in 1953 which is today the Department of Orang Asli Development (JAKOA). As such the approach by the British towards the Orang Asli has been paternalistic. The paternalistic approach was emulated by the Malaysian government post-independence. The Orang Asli are treated as a population that is unable to fend for itself and requires the assistance of a particular department to oversee their welfare and activities. The ‘10th Malaysia plan of the Economic Planning Unit within the Prime Minister’s Department’ stipulates the strengthening of capabilities of the Orang Asli communities through integrated development programmes and specific enhancement assistance.19 Although there was no mention of the JAKOA within the ‘10th Malaysian Plan’, nevertheless the Orang Asli remain heavily dependent on the department. The Orang Asli suffer the brunt of the consequences of being at risk of statelessness particularly when births of their children are not registered. If the JAKOA within the vicinity is inactive, there may be cases of Orang Asli children without birth registration certificates. 3.2 The Invisible Malaysians The Indian community on the other hand only began to settle in Malaysia in the late 18th century. For this group of people, the efforts of the government have been centred on poverty eradication. In fact, the efforts of the Malaysian government, in eradicating poverty were meant to reach all segments of Malaysian society. The government’s rural development programmes in the 1970s and 1980s however never reached out to persons of Indian origin in plantations, including the workers living in estate quarters as plantations were classified as private property. As such Indians continued to be marginalised and some lived without documents since they were unable to leave 14 Datuk Abu Jabar Che Nai, ‘Empowering the Orang Asli’ 26 May2010, Star Online, http://thestar.com.my/news/story.asp?file=/2010/5/26/focus/6335356&sec=focus 18 June 2012. 15 W. Howells, Getting Here: The Story of Human Evolution, Compass Press, Washington D.C, 1997, p 203. 16 I. Carey, Orang Asli: The Aboriginal Tribes of Peninsular Malaysia, Oxford University Press, 1976, 13-18. 17 C. Nicholas, ‘The Orang Asli: Origins and Classification’ Vol I2 Peoples and Traditions, Encyclopeadia Malaysiana, p 20. 18 Yahya Awang, Kajian Mengenai Masalah Ketiadaan Dokumen Pengenalan Diri Di Kalangan Masyarakat Orang Asli Semenanjung Malaysia, p 1. 19 10th Malaysian Plan 2011 - 2015, Economic Planning Unit, Prime Ministers Department, Putarjaya p 163. 3