The balance between biodiversity conservation, land acquisition, natural resource utilization and indigenous peoples is often wrought with conflict. Legislation governing the use of natural resources should ideally protect biodiversity and address the needs of indigenous peoples, but in many places, falls short of these ambitions. In a recent study published in Biodiversity Conservation, researchers examined the weaknesses in select natural resource laws that affect the indigenous peoples of Peninsular Malaysia, and compared these laws with data on a specific group of indigenous people’s use of natural resources, collected through questionnaires. In addition to suggesting potential solutions to address legislative weaknesses, the researchers make a strong case for why natural resource legislation is a matter of concern for conservationists.
Peninsular Malaysia contains some of the world’s most wildlife-rich forests and is home to a diverse group of indigenous peoples known as the Orang Asli, or “original people.” The Orang Asli hold legal occupancy rights in many protected forests under the Aboriginal Peoples Act (APA) of 1954, but inconsistencies and ambiguities plague much of the legislation affecting their rights to hunt, fish, use land, and harvest Non-Timber Forest Products (NFTPs). The Wildlife Protection Act of 2010 attempts to regulate hunting by listing ten species that the Orang Asli are allowed to hunt for sustenance. But the list includes the threatened pig-tailed macaque and sambar deer, as well as two species of rare leaf monkeys, while commonly hunted wild squirrels are not included on the list, raising questions about how policymakers gathered information to inform this legislation.
Though allowances for subsistence hunting are important, a lack of regulations and enforcement can make way for a problematic system of exploitation. For example, because the Orang Asli are allowed to hunt restricted animals in areas otherwise restricted from commercial hunting, they are sometimes paid to hunt wildlife for middlemen who sell the animals on the black market. This system not only exploits the land and the Orang Asli, but also fuels the perception that indigenous peoples are the main reason for the unsustainable harvesting of natural resources.
While the Orang Asli practice some subsistence hunting and gathering, they have been primarily trade-oriented for thousands of years, so the harvesting of Non-Timber Forest Products (NFTPs) is perhaps the most important source of livelihood for their communities. Currently, 55% of the Orang Asli interviewed in the study report that they sell NTFPs for their livelihood. Rattan, honey, bamboo, forest fruits, and various herbs are among the products sold to outsiders. NTFP extraction needs to be addressed and regulated not only for the benefit of the Orang Asli, but also because the unchecked harvesting of NTFPs can have a detrimental impact on biodiversity. The best way to set up reasonable protocols, according to the study, is to involve the Orang Asli in the decision-making process.
In an interview with mongabay.com, lead author Sheema Abdul Aziz, as well as former Community Education and Engagement Manager with WWF-Malaysia Rejani Kunjappan and former Head of Policy with WWF-Malaysia Preetha Sankar further discuss these issues. The views they express here are not a reflection of the organizations in which they have worked and are therefore not organizational viewpoints.
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