COMPARATIVE FRAMEWORKS OF ORANG ASLI DECISION-MAKING PROCESS AND THE MĀORI OF NEW ZEALAND ON SUSTAINABLE DEVELOPMENT GOAL

Abstract

The primary objective of this article is to critically analyse Orang Asli’s participation in decision-making by examining international law standards as well as Māori legal recognition and practices in New Zealand. The current study adopts a qualitative socio-legal approach to examine Malaysian law’s legal framework on Orang Asli’s participation and evaluate if the Aboriginal Peoples Act 1954 (APA) can provide for Orang Asli’s protection. It could be argued that the APA’s current provisions are insufficient and do not safeguard the Orang Asli’s right to self-determination, as recognised by international law. This article also argues that Orang Asli and other indigenous peoples have a significant role in the decision-making process, as mandated by the UNDRIP, and so contribute to the attainment of the SDGs and the 2030 Agenda. The papers concluded that in the Orang Asli context, the legal recognition and practices of Māori in the decisionmaking process should be emulated. As a result, the current study suggests that the APA be amended to include unambiguous recognitions and mechanisms that allow Orang Asli to participate in decision-making. The recognition is required to ensure that the Orang Asli’s right to self-determination is protected following international law norms and contributes to achieving the SDGs