From Wards to Citizens: Indigenous Rights and Citizenship in Malaysia
2010; Wiley; Volume: 33; Issue: 1 Linguagem: Inglês
10.1111/j.1555-2934.2010.01094.x
ISSN1555-2934
Autores Tópico(s)Asian Geopolitics and Ethnography
ResumoPoLAR: Political and Legal Anthropology ReviewVolume 33, Issue 1 p. 89-108 From Wards to Citizens: Indigenous Rights and Citizenship in Malaysia Rusaslina Idrus, Rusaslina Idrus Institute of Southeast Asian StudiesSearch for more papers by this author Rusaslina Idrus, Rusaslina Idrus Institute of Southeast Asian StudiesSearch for more papers by this author First published: 13 May 2010 https://doi.org/10.1111/j.1555-2934.2010.01094.xCitations: 31Read the full textAboutPDF ToolsExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Abstract In recent years, indigenous peoples in Malaysia have begun to pursue a new strategy in claiming property rights: they are turning to the legal system, using lawsuits to make their claims. In this article, I suggest that this changed approach marks an important turning point in the Orang Asli-Malaysian state relationship. The legal arena reframes the narrative of struggle from one of “development failure” to one of rights and entitlement. I explore a landmark case, Sagong Tasi and Ors. v. State of Selangor and Ors., in which Orang Asli plaintiffs argued for their rights based on their position as wards of the state, as citizens of the nation, and as indigenous people with worldwide recognition. While the explicit focus of this court case (and others like it) is on property rights, the process involved has raised important questions concerning Orang Asli citizenship rights. In drawing on multiple kinds of positioning and demanding that the state fulfill an obligation to them, the Orang Asli are using the legal space to reconfigure and redefine their relationship to the Malaysian State. References Cited Anaya, S. James 2000 Indigenous Peoples in International Law. New York : Oxford University Press. Brosius, Peter 1999 Locations and Representations: Writing in the Political Present in Sarawak, East Malaysia. Identities 6(2/3): 345–386. Dentan, Robert Knox, Kirk Endicott, Alberto G. Gomes, and M. B. Hooker 1996 Malaysia and the “Original People”: A Case Study of the Impact of Development on Indigenous Peoples. Boston : Allyn and Bacon. Department of Orang Asli Affairs, Malaysian Government 2004 Population Figures. Electronic Document. Website of Department of Orang Asli Affairs, http://www.jheoa.gov.my/40, accessed December 11, 2009. Endicott, Kirk and Robert Dentan 2008 [2004] Into the Mainstream or Into the Backwater? Malaysian Assimilation of Orang Asli In Civilizing the Margins: Southeast Asian Government Policies for the Development of Minorities. Christopher Duncan, ed. Pp. 24–55. Singapore : NUS Press. Duncan, Christopher, ed. 2008 (2004) Civilizing the Margins: Southeast Asian Government Policies for the Development of Minorities. Singapore : NUS Press. Edo, Juli 1998 Claiming our Ancestor's Land: An Ethnohistorical Study of Seng-oi Land Rights in Perak, Malaysia. PhD. Dissertation, Department of Anthropology, Australian National University . Geertz, Clifford 2000 Local Knowledge: Further Essays in Interpretive Anthropology. New York : Basic Books. Goh, Beng Lan 2009 Revisiting Pluralism in Malaysia. Unpublished Background Paper, Revisiting Pluralism in Malaysia Workshop, July 9–10, 2009. Organized by Southeast Asian Studies Programme, National University of Singapore . Hansen, Thomas Blom and Finn Stepputat 2001 Introduction. In States of Imagination: Ethnographic Explorations of the Postcolonial State. Thomas B. Hansen and Finn Stepputat, eds. Pp. 1–40. Durham , NC : Duke University Press. Hefner, Robert 2001 Politics of Multiculturalism: Pluralism and Citizenship in Malaysia, Singapore, and Indonesia. Hawaii : University of Hawaii Press. Hirsch, Susan and Mindie Lazarus-Black 1994 Introduction. In Contested States: Law, Hegemony, and Resistance. Susan Hirsch and Mindie Lazarus-Black, eds. Pp. 1–34. New York : Routledge. Jomo, K.S. 2004 The New Economic Policy and Interethnic Relations in Malaysia. Identities, Conflict and Cohesion. Programme Paper Number 7. United Nations Research Institute for Social Development . Kymlicka, Will 1995 Multicultural Citizenship: A Liberal Theory of Minority Rights. Oxford : Oxford University Press. Li, Tania 2000 Articulating Indigenous Identity in Indonesia: Resource Politics and the Tribal Slot. Comparative Studies in Society and History 42(1): 149–179. Li, Tania 2001 Masyarakat Adat, Difference, and the Limits of Recognition in Indonesia's Forest Zone. Modern Asian Studies, 35(3): 645–676. Li, Tania 2007 The Will to Improve: Governmentality, Development, and the Practice of Politics. Durham , NC : Duke University Press. Malaysian Department of Statistics, Malaysian Government 2009 Population Statistics. Electronic Document. Website of the Malaysian Department of Statistics, http://www.statistics.gov.my, accessed December 11, 2009. Malaysian Government 1954 Aboriginal Peoples Act [Revised 1974]. Moore, Sally. F. 2000[1978] Law as Process: An Anthropological Approach. Hamburg : LIT Verlag. Nicholas, Colin 2000 The Orang Asli and the Contest for Resources: Indigenous Politics, Development, and Identity in Peninsular Malaysia. Copenhagen : International Work Group for Indigenous Affairs. Nobuta, Toshihiro 2009 Living on the Periphery: Development and Islamization of the Orang Asli. Subang Jaya , Malaysia : Center for Orang Asli Concerns. Noone, H. Deane 1936 Report on the Settlements and Welfare of the Ple-Temiar Senoi of the Perak-Kelantan Watershed. Taiping : Perak Museum. Noone, Richard with Dennis Holman 1972 In Search of the Dream People. New York : W. Morrow & Co. Postero, Nancy 2005 Indigenous Responses to Neoliberalism: A Look at Bolivian Uprising of 2003. PoLAR: Political and Legal Anthropology Review 28(1): 73–92. Postero, Nancy 2006 Now We Are Citizens: Indigenous Politics in Postmulticultural Bolivia. Palo Alto : Stanford University Press. Povinelli, Elizabeth 2002 The Cunning of Recognition: Indigenous Alterities and the Making of Australian Multiculturalism. Durham , NC : Duke University Press. Shafir, Gershon, ed. 1998 The Citizenship Debates: A Reader. Minneapolis : University of Minnesota Press. Sieder, Rachel 2001 Rethinking Citizenship: Reforming the Law in Postwar Guatemala. In States of Imagination: Ethnographic Explorations of the Postcolonial State, Thomas Blom Hansen and Finn Stepputat, eds. Pp. 203–220. Durham , NC : Duke University Press. Sieder, Rachel and Jessica Witchell 2001 Advancing Indigenous Claims Through the Law: Reflections on the Guatemalan Peace Process. In Culture and Rights: Anthropological Perspectives. Jane K. Cowan, Marie-Benedicte Dembour and Richard A. Wilson, eds. Pp. 201–225. Cambridge : Cambridge University Press. Speed, Shannon 2005 Dangerous Discourses: Human Rights and Multiculturalism in Neoliberal Mexico. PoLAR: Political and Legal Anthropology Review 28(1): 29–51. Subramanian, Ajantha 2009 Shorelines: Space and Rights in South India. Palo Alto : Stanford University Press. Citing Literature Volume33, Issue1May 2010Pages 89-108 This article also appears in:Law and Inequalities ReferencesRelatedInformation
Referência(s)