Legal protection of the rights to education of Orang Asli children in Peninsular Malaysia

Abstract

This study examines the existing legal framework for the protection of Orang Asli children in Malaysia, focusing on their rights under domestic laws and international treaties, including the United Nations Convention on the Rights of the Child (UNCRC) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The research identifies key issues, including gaps in child-centered policies, the absence of a national strategic vision for Orang Asli child welfare, and limited coordination among support services, which impair the effective implementation of laws and guidelines. The research adopts a qualitative methodology, utilizing doctrinal analysis of legal provisions, case studies, and interviews with stakeholders, including government agencies, non-governmental organizations, and social activists. The study highlights ongoing reforms in Malaysia following the ratification of UNCRC and UNDRIP in 2007 and evaluates the effectiveness of these efforts in addressing the unique challenges faced by Orang Asli children. Comparative analysis with jurisdictions such as Australia and New Zealand provide insights into international best practices, emphasizing the importance of integrated legal frameworks and support services. However, the thesis identifies that while Malaysia demonstrates a commitment to reform, there is a pressing need for a holistic, child-centered approach tailored to the Orang Asli context. This approach involves coordinated policies, community-based support systems, and culturally sensitive child welfare initiatives. The research concludes with recommendations to develop a comprehensive legal framework and a strategic vision for Orang Asli child welfare, addressing existing gaps and fostering a more inclusive and effective system of protection. These measures aim to enhance the well-being of Orang Asli children, ensuring their rights are upheld and they are protected from harm.