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Pelaksanaan Prinsip “Izin, Maklum Awal, Bebas dan Telus” (IMABT) dalam Hal Ehwal Berkaitan Orang Asli di Semenanjung Malaysia.

Authors :
AHMAD A’SRI, SYAHIRAH NADIAH
NORDIN, ROHAIDA
Source :
Malaysian Journal of Law & Society; 2022, Vol. 31, p3-17, 15p
Publication Year :
2022

Abstract

The issue of Indigenous peoples’ rights has always been fought for both internationally and domestically. This writing focuses on implementing the principle of “Free, Prior, and Informed Consent” (FPIC) in the affairs of the Orang Asli in Semenanjung Malaysia. Article 3 of the Declaration of the Rights of Indigenous Peoples (DHOA) 2007 recognise the FPIC principle which entails the spirit of the right of Indigenous peoples to self-determination. The principles of IMABT and consultation are key aspects of the right to self-determination that allow the Indigenous community of a country to be involved in the decision-making process on matters that may affect them. Malaysia has not prepared any guidelines for implementing the FPIC principle despite agreeing with the adoption of the DHOA. Therefore, this paper presents a proposal to implement on FPIC guideline which is practical and suitable for Orang Asli in Malaysia. For this purpose, the Philippines will be used as a reference country to see how this principle is implemented in the country. If this principle is successfully implemented, it will be a great starting point that recognizes the rights of Orang Asli and will also be able to improve their socio-economic status. [ABSTRACT FROM AUTHOR]

Details

Language :
Malay
ISSN :
13947729
Volume :
31
Database :
Complementary Index
Journal :
Malaysian Journal of Law & Society
Publication Type :
Academic Journal
Accession number :
161493298
Full Text :
https://doi.org/10.17576/juum-2022-31-01