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This thesis explores the emergence of indigeneity among a group of post-foragers living on the eastern coast of Sumatra. In the past, despite the lack of definite ethnic boundaries and the fluidity of their identity, they were known as Utan (‘Forest’) or Orang Utan (‘Forest People’). Since 2006, however, many Utan have adopted the new ethnonym of Suku Asli (‘Indigenous People’) and begun claiming their position within the Indonesian State as an integrated and distinctive ethnic group – a group, that is, associated with a unique ‘tradition’ (adat) and a particular ‘indigenous’ identity. As Suku Asli, they have been trying to integrate this identity and protect the ‘ancestral’ lands with which it is thought to be intimately associated. The emergence of this identity does not reflect only their own aspirations but, also, their entanglement with a number of government development programmes or interventions aiming to transform the lives of local ‘tribespeople’. Throughout these contexts, the most important change has been the development of their indigeneity – an indigeneity which, in the context of Indonesia, is ‘imagined’ and recognised in a very particular way by the State. It is on the basis of this indigeneity that the Suku Asli have begun to re-configure their traditional identity and their place within the Nation State. Focusing on some of its most important manifestations and embodiments, the thesis attempts to chart the emergence of this indigeneity and relate it to the entanglement of the people and the government. Treating indigeneity as a perspective that is created between the locals’ traditionally fluid identity and the government development programmes, I describe some of the ways in which ‘tribespeople’ come to embody, resist and transform the government image of ‘indigenous people’ and accomplish their ‘modernisation’ – a ‘modernisation’ demanding, first and foremost, a distinctive and well-bounded indigenous identity.

“Rakyat Malaysia” maps the contradictions of Malaysian multiculturalism through integrated readings of Orang Asli/Orang Asal activism, contemporary literature/film, public performance, and state narratives. As an interdisciplinary project focusing on questions of race, nationalism, and identity, my dissertation bridges critical conversations in English Literary and Cultural Studies, Southeast Asian Studies, and Cultural Studies. The first chapter of “Rakyat Malaysia” maps how Indigenous activism – encompassing lawsuits, public protests, and community initiatives – is contesting the rhetoric and policies of exceptional multiculturalism. I argue that these efforts are acts of “survivance” (Gerald Vizenor) that assert Indigenous rights to “land, culture, and community” in Malaysia (Simon J. Ortiz). Situating the stakes of Orang Asli/Orang Asal activism at the forefront of my project, I detail how Malaysian literature, film, and public performance evince intersecting investments in their responses to state multiculturalism. The second chapter of this project focuses on two of Jo Kukathas’s performances, “The 1Malaysia Virus” and “Puan Badariah Talks to Mr. TED.” Through the language of viral disease and the embodiment and transgression of Malaysia’s “contact zones” (Mary Louise Pratt), Kukathas’ performances function as “immigrant acts” (Lisa Lowe) designed to unravel state narratives of multicultural harmony. Chapter three turns to Tan Twan Eng’s debut novel, The Gift of Rain (2007), and the film and advertising work of Yasmin Ahmad. Reflecting on Malaysia’s past and present – from World War II, through Independence, and into the 21st century – these texts suggest that mixed-race identity and interracial romance offer alternative conceptions of Malaysian identity. My project concludes by considering how dominant state narratives – Prime Minister Najib Razak’s “1Malaysia” platform and the “Malaysia, Truly Asia” tourism campaign – attempt to stifle the contradictions articulated by these texts and by Orang Asli/Orang Asal activism, in particular. I argue that what the Malaysian government actually produces is a model of “exceptional multiculturalism” that aims to position the country as the ideal version of a “harmonious” multicultural nation. These campaigns advertise a sanitized and commodified version of Malaysian identity, relying on the rhetoric of multicultural harmony in order to police racial diversity and obscure systemic socio-political inequalities.

Centralized forest management is widely regarded as the catalyst for large-scale forest degradation and the loss of access, use and management rights of forest dependent communities. Forest dependent communities are often regarded as impediments to conservation and left out in sustainable forest management initiatives. This paper is a critique of the effects of centralization and alternative livelihood projects under the guise of conservation in a Jakun community of South-East Pahang, Malaysia. This case study revealed that economic pragmatism takes precedence over conservation in light of decreased autonomy over their traditional resources and rapid socio-economic changes which not only severely impedes their means to secure basic needs, but also their ability and desire to utilize forest resources in a sustainable manner. Therefore, there is an increasing need for local peoples to be involved in the management of their resources to maintain ecological integrity and to meet their subsistence needs. The findings justify the need for forest management units in South-East Pahang to develop a framework that addresses the rights of the Jakun to access, use and manage natural resources, which is a vital precondition for social justice to seek a common ground for sustainable forest management.

This thesis makes an original contribution to knowledge by evaluating Malaysian laws on Orang Asli ( OA ) land and resource rights and suggesting an alternative legal framework for better recognition and protection of these rights: (1) by reference to standards derived from the 2007 United Nations Declaration on the Rights of Indigenous Peoples ( UNDRIP ); and (2) having regard to the Malaysian Constitution. Malaysia s vote supporting the UNDRIP and its courts recognition of common law Indigenous customary land rights have not induced state action that effectively recognises the customary lands of its Indigenous minority, the OA people. Instead, state land policies focus on the advancement of OA, a marginalised community, through development of OA lands for productive economic use. Such policies may have some positive features but they also continue to erode OA customary lands. Existing protectionist laws affecting OA facilitate these policies and provide limited protection for OA customary lands. Resulting objections from the OA community have prompted calls to honour the UNDRIP. These tensions and concerns raise legal questions regarding the adequacy of the existing legal framework governing OA customary lands and the extent to which constitutional arrangements can accommodate UNDRIP standards. The special constitutional position of OA that has enabled extensive state control of OA land and lives equally permits legal recognition of OA customary lands compatible with the UNDRIP. However, existing statutory laws affecting OA and placing ultimate power in the state are at odds with UNDRIP standards. These laws have worked to the detriment of OA. Despite the potential of common law Indigenous title, domestic experiences and experiences drawn from Australia and Canada suggest that ordinary common law development of OA customary land rights without state intervention may also fall short of UNDRIP standards. This thesis concludes that statutory recognition of autonomous OA communal ownership of land and resources with necessary legal safeguards provides a viable alternative for reform. However, a formidable challenge to effective reform remains the lack of political will to recognise OA as a distinct community deserving of UNDRIP rights.