SELF-DETERMINATION AND FREE, PRIOR AND INFORMED CONSENT OF THE ORANG ASLI

Free, Prior and Informed Consent (FPIC) plays a vital role in translating indigenous peoples' right to self-determination into practice. Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognised the right to self-determination of indigenous peoples. Irrespective of any current recognition, the right to self-determination of indigenous peoples, including those of the Orang Asli (aboriginal peoples) in Peninsula Malaysia, are still at stake. The main objective of this article is to critically evaluate the compatibility of FPIC and the right to self-determination of the Orang Asli by looking at standards in international law. This article is a socio-legal study and adopts a qualitative approach. The current study analyses the concept of the right to self-determination of indigenous peoples under international law. The study also discusses the definition of FPIC as a manifestation of the right to self-determination. As this study focuses on the position of Malaysia's legal framework towards the Orang Asli, it will evaluate the elements of FPIC as manifestations of the right to self-determination of the Orang Asli's pursuant to Malaysian law as compared to the international law standards. Ultimately, suitable recommendations and possible solutions to improve the recognition of the right to self-determination of the Orang Asli will be presented. This is vital to ensure that protection of the Orang Asli's right to self-determination is compatible with international law and thus assists the Malaysian State in meeting her duties and obligations under international law. (c) 2018 Published by Future Academy www.FutureAcademy.org.UK