Pertembungan Antara Hak Beragama dan Hak Penentuan Kendiri Orang Asli: Adakah DHOA Sediakan Solusi
Abstract
The Conflict Between Religious Rights and the Right to Self-determination of Aboriginal Peoples: Is UNDRIP Provide A Solution
The rights of indigenous peoples have been recognized internationally, especially the right to self-determination through the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007 by the General Assembly of the United Nations (UN). Despite of that recognition, comprehensive legal solution to the issue of religious freedom among the Orang Asli is yet to be seen. Therefore, the main objective of this article is to analyze the issue of religious freedom of Orang Asli from the perspective of domestic and international law. In addition, this article also identifies problems and suggests solutions to issues related to religious rights among Orang Asli. To achieve this objective, the study uses socio-legal methods by focusing on the provisions of domestic law such as the Federal Constitution, the Orang Asli Act 1954 (Act 134) and certain policies and international law. The analysis in this article found that the Orang Asli are entitled and have a freedom to practice their religion in accordance with the recognition provided by the Federal Constitution. This is in line with the rights to self-determination of indigenous peoples as stipulated in UNDRIP and international law. In this context, a harmonious approach must be balanced to allow the sensitive issues can be properly addressed. Thus, the approach that is seen more appropriate and friendly towards the Orang Asli should be taken, by emphasising to the economic, educational and main issues for the Orang Asli, namely the issue of customary land. Without denying that the issue freedom of religion is an important one, but the issue of customary land for the Orang Asli is their life.
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ISSN 0126-5636 | e-ISSN : 2600-8556
Faculty of Islamic Studies
Universiti Kebangsaan Malaysia
43600 UKM Bangi, Selangor Darul Ehsan
MALAYSIA
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