The Political System and Government Policy

The political system
Malaysia is a constitutional monarchy with a system of parliamentary democracy. It comprises 13 states as well as two local territories and one administrative capital, including the Federal Capital Kuala Lumpur and Labuan, plus Putrajaya as Malaysia's new Administrative Capital. Each has its own head of state and an elected assembly. Nine of the states are ruled by hereditary sultans who, under a unique system, elect one of their own to be the constitutional monarch or Yang di-Pertuan Agong for a period of five years. Under the terms of the federation, the states of Sabah and Sarawak on the island of Borneo retain certain constitutional prerogatives. However, aside from nominally separate immigration controls, little evidence remains of Sabah and Sarawak's theoretical autonomy.
 
Malaysia's predominant political party, the United Malays National Organization (UMNO), has held power in coalition with other parties since Malaya's independence in 1957. In 1973, an alliance of communally-based parties was replaced with a broader coalition — the Barisan Nasional — composed of 14 parties. Today, the Barisan Nasional coalition has three prominent members — the UMNO, MCA (Malaysian Chinese Association) and MIC (Malaysia Indian Congress). The Prime Minister of Malaysia has always been from the UMNO.

Government Policy and Legislative Framework Regarding Indigenous Peoples
Malaysia has a multicultural and multiracial population consisting of Malays, Chinese, Indians, Eurasians and various ethnic groups. Bumiputra or Bumiputera, literally meaning "son of the soil", is an official definition created primarily to facilitate the implementation of Malaysia's New Economic Policy, which was introduced in 1970. The special position and privileges accorded to the Malays in Peninsular Malaysia, as Bumiputras, were extended to all native groups in Sabah and Sarawak. The Federal Constitution of Malaysia defines a Malay as being one who "professes the religion of Islam, habitually speaks the Malay language, conforms to Malay customs and is the child of at least one parent who was born within the Federation of Malaysia before independence on the 31st of August 1957". Many of the indigenous peoples view the term Bumiputera as objectionable since they are non-Muslims and non-ethnic Malays.

The following terms are used to collectively describe the indigenous groups in the different areas of Malaysia:

• Orang Asli, which translates as "original peoples" or "first peoples", is used for the indigenous minority peoples of Peninsular Malaysia.
  
• Anak Negeri, which translates as "son of the state" or "native", is used for the indigenous peoples of Sabah and Sarawak. In Sarawak, indigenous peoples are also collectively referred to as "Dayaks" or "Orang Ulu". In the Federal Constitution of Malaysia, the indigenous peoples of Sabah and Sarawak are referred to as "natives".                                

Article 161(A) of the Federal Constitution of Malaysia 1957 provides for the special position of the natives of the states of Sabah and Sarawak. It spells out what "native" means and which groups are considered native. It also outlines the conditions for the alienation of lands and the preferential treatment of natives by the state.

Sabah and Sarawak
Besides having a special section in the Federal Constitution, Sabah and Sarawak also have state laws specifically on indigenous peoples. In Sabah, the Native Ordinance of 1952 defines who is a 'native' and the procedure to get a declaration of native status through the Native Courts. The Native Ordinance is used by the Native Courts. It also defines native customary rights. Other laws with special reference to indigenous peoples include the Land Ordinance 1930 (defines Native Customary Tenure Rights - NCR) and the Rural Administration Ordinance 1951 (outlines the powers and duties of Native Chiefs and Village Heads). In Sarawak, the traditional NCR law, the Land Code of Sarawak and the Forest Ordinance govern the indigenous peoples and their land rights. While the NCR laws reflect the importance that indigenous peoples place on balancing human needs and the natural environment, the Land Code and Forest Ordinance treat land as a commodity, thereby allowing maximum exploitation of the natural resources. Since 1958, it has been possible to ignore customary rights and, consequently, much of the indigenous peoples’ ancestral land is now considered state property.

Peninsular Malaysia
The Aboriginal Peoples Act (1954, 1974) was initially enacted to prevent the communist insurgents from getting help from the Orang Asli, and vice-versa. The Act is unique in that it is the only piece of legislation directed at a particular ethnic community. In spite of its repressive nature, the Act does recognize the Orang Asli some rights, such as their right to follow their own way of life. The Act lays down certain ground rules for the treatment, government and administration of the Orang Asli and their land. It effectively accords the Director-General of the Department of Orang Asli Affairs the final say in all matters concerning the administration of the Orang Asli.