This is the first time the Orang Asal have been given a platform in the United Nations in Geneva, Switzerland, to advocate for the rights of indigenous women and children in Malaysia. Photos: Pertubuhan Wanita Orang Asal Malaysia
Pertubuhan Wanita Orang Asal Malaysia (PWOAM) president Maslah Rompado, together with a delegation of indigenous Malaysian women, were in Geneva recently to present an oral statement to the Committee on the Elimination of Discrimination against Women (Cedaw Committee).
It was the first time an Orang Asal delegation has been given a platform to present and advocate for the rights of indigenous women and children in Malaysia which was a "momentous moment" for the community, says Maslah.
The Orang Asal delegation at the United Nations in Geneva, Switzerland (from left) Ita Bah Nan, Cynthia Lorraine, Rojieka Mahin, Maslah, and Junia Anilik.In the oral statement, Maslah highlighted how indigenous women and girls in Malaysia face intersectional discrimination in laws, policies, and government programmes.
“Individually, indigenous women and girls face discrimination in the form of limited access to education and healthcare, lack of representation in decision-making processes and unequal opportunities for economic advancement. They also face gender-based violence and cultural marginalisation. As a community, (they) experience systemic discrimination in the form of land dispossession, lack of legal recognition and protection of (their) rights, exclusion from decision-making processes, and stereotyping based on ethnicity and gender,” says Maslah.
“Most Indigenous people in Malaysia live in rural areas where schools and healthcare facilities are few, poor (not well-funded) and not culturally sensitive. In Sabah and Sarawak, some women still have to travel five to six hours just to get to the nearest hospital for treatment. There are also cases of pregnant women or those with small babies having to walk one to two hours to get to the nearest clinic. When they arrive, there is inadequate staff and equipment,” she says.
“Many schools in rural indigenous communities are far away from villages and in a poor state. These schools are in old, dilapidated, unsafe buildings, with problems such as roof leaks, faulty electrical wiring, and outdated classrooms,” she adds.
According to the 2020 Census, in Malaysia, 11% of the Malaysian population comprises indigenous peoples, collectively known as Orang Asal, with more than 100 ethnic and sub-ethnic groups. Orang Asli accounts for 0.8% of the population of Peninsular Malaysia, while Sabah has 39 indigenous groups who account for 62% of the population, and Sarawak has 27 indigenous groups that account for 50% of the population.
Even though the rights and well-being of the Orang Asli are protected under Article 8(5)(c) of the Federal Constitution, and the people of Sabah and Sarawak have a special position under Article 161A, indigenous women and girls still face challenges due to poverty, lack of infrastructure, limited access to services, and discriminatory policies, reiterates Maslah.
Making their voices heard
At the Cedaw Session at the United Nations in Geneva, Switzerland, to advocate for the rights of indigenous women and girls.
The participation of Indigenous women and girls is crucial for the country's progress as it ensures that diverse perspectives, experiences, and knowledge are included in decision-making processes, says Maslah, adding that there are many challenges in getting more indigenous women and girls to participate in national development plans.
“Traditionally, indigenous women and girls are looked down upon due to stereotypes that they can't lead, and also because of their lack of capacity and knowledge as they are usually not involved in village development programmes. Therefore, they need to be well-supported with opportunities, resources, as well as training, and their safety ensured when they join these programmes,” she says.
Empowering indigenous women and girls, she adds, can help address systemic inequalities, promote social cohesion, and foster sustainable development.
“In 2018, during Malaysia’s fifth review by the Cedaw committee, they gave recommendations in their concluding recommendations. We urge the government to fulfill those recommendations which include ratifying ILO 169,” she adds.
Earlier in April, PWOAM presentated a shadow report (an alternative report prepared by civil societies) to advocate for the rights of indigenous women, girls and children, to the Cedaw Committee.
The shadow report was delivered through the Office of the United Nations High Commissioner for Human Rights (OHCHR) via email, in conjunction with the review of the Malaysian government's sixth periodic report under Cedaw.
PWOAM and eight other organisations that represent indigenous people in Malaysia - Jaringan Orang Asal SeMalaysia (Joas), Partners of Community Organisations in Sabah (Pacos) Trust, Centre for Orang Asli Concerns (COAC), Apa Kata Wanita Orang Asli, Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM), Malaysian CARE, Sarawak Dayak Iban Association (Sadia) and Society for Rights of Indigenous People of Sarawak (Scrips) - collaborated to prepare the report.
The Malaysian government's report to the Cedaw Committee is currently being reviewed at the 88th session of Cedaw from May 13 to 31 by the Cedaw Committee,
“The shadow report is an advocacy tool to follow up with the government on Indigenous issues which have been neglected through the years. We hope that it will shed light on the issues faced by Indigenous women and girls in Malaysia and help people understand our cultural sensitivities and prevent the patriarchal assimilation of our people,” says Maslah.
There are many negative stereotypes and perceptions that hinder their development and access to opportunities, such as the belief that indigenous people are not capable of making their own decisions, and their traditional knowledge and practices are inferior, that indigenous women and girls don't want development because they're happy where they currently are, says Maslah.
But this can only be the case if we have control and governance of our own land and territories, but instead, mega projects such as dams, mining, plantations, etc are being developed on our land without taking into account our FPIC (free, prior and informed consent on obtaining consent from indigenous peoples for any activities undertaken on their land), she says.
Maslah says that the oral statement highlights the “collective experiences of indigenous women and girls in Malaysia”, and “underscores the pressing need for gender equality, the elimination of discrimination, and their rights to self-determination, and to be treated with respect and dignity”.
“Our children often face discrimination and bullying in schools. In 2015, five young children tragically died running away from their boarding school,” she says.
“We are displaced from our ancestral land, without free and prior informed consent, causing loss of livelihood, food security and cultural identity. The construction of the Nenggiri Dam in Kelantan and Papar Dam in Sabah will adversely affect thousands of indigenous women and girls,” she adds.
Maslah urges state action to prevent and address the discrimination faced by indigenous women and girls in Malaysia, including implementing GR39, UNDRIP and the SUHAKAM 18-point land-rights recommendation, and working in close partnership with indigenous communities.
Inclusion is key
Maslah and Cedaw chairperson Ana Pelaez Narvaez (second and third from left), with other Cedaw committee members Rosario G Manalo and Bandana Rana.Maslah and her delegation of Orang Asal also attended the “From Global To Local” training and mentoring programme by the International Women's Rights Action Watch Asia Pacific (IWRAW Asia Pacific) in Geneva.
The Cedaw committee will present their review report in three weeks' time.
According to Maslah, some of the recommended solutions include: “the government creating programmes to counter discrimination, with meaningful consultation with indigenous women and girls, that integrate indigenous knowledge, culture, and history in the national curriculum; for students to foster mutual understanding of different cultures; and institute policies that respect indigenous cultural rights without the imposition of mainstream culture and religion; and respect the land rights of indigenous people by implementing the 18-point recommendations by the Suhakam National Inquiry into the Land Rights of Indigenous Peoples.”
To address these challenges, some recommendations include “implementing targetted programmes and policies that address the specific needs of indigenous women and girls, such as providing culturally sensitive healthcare services, promoting access to quality education, and supporting economic empowerment initiatives; strengthening partnerships between government agencies, civil society organisations, and indigenous communities to ensure the effective implementation of policies and programmes that benefit indigenous women and girls; enhancing awareness and understanding of the rights of indigenous women and girls among policymakers, service providers, and the general public to promote inclusivity and respect for diversity; and conducting regular assessments and evaluations to monitor the progress of initiatives aimed at improving the rights and well-being of indigenous women and girls and making necessary adjustments based on feedback and data”.
By addressing these challenges and implementing targeted interventions, Malaysia can work towards ensuring the rights and well-being of Indigenous Women and Girls are protected and promoted in line with constitutional provisions and international human rights standards, says Maslah.
Among the issues and questions raised by the Cedaw committee include access to the law for rural women, especially indigenous women, where there needs to be access to legislation such as legal advice, language translation, etc.
In addition to education, the Cedaw Committee recommends that the educational syllabus and curriculum include the history of and information about indigenous people to change negative perceptions and stereotypes of indigenous peoples.
However, Maslah highlights certain issues: the term “aborigine” is used instead of “indigenous”; and a lot of data is presented about rural areas but not all rural women are Orang Asal; many programmes don't reach the Orang Asal community; the programmes are made in the city and only once a year so they might not empower nor help in capacity building for the Orang Asal, since those who attend aren't Orang Asal.
She concludes that that the Orang Asal need to be included in the review so that the cultural sensitivities of the Orang Asal can be included for the new educational policy that will come out in 2027.
