The galvanization of temiars' activism for self-determination : a case study of the application of the undrip in Malaysia

Abstract

Internationally, the concept of the right to self-determination has evolved from an understanding of gaining independence from colonial rule during the immediate post-colonial era, to a right to greater autonomy that also applies to peoples within an independent state, including a right applicable to indigenous peoples. Such a right to 'internal' self-determination enables indigenous peoples, inter alia, the freedom to use, manage, and control the indigenous lands and resources. This evolution has led to the drafting and adoption of the United Declarations of the Rights of Indigenous Peoples (UNDRIP) at the UN General Assembly in September 2007. Malaysia is among the initial 143 nations who had voted in favour of the UNDRIP. But this vote has not been translated into the national laws and policies of Malaysia in general, including the courts. The objective of the study, therefore, was to examine how the UNDRIP, as a universally defined standard for the treatment of indigenous peoples, can be used to secure justice and rights for a local indigenous group, the Temiars of Malaysia; or otherwise. This qualitative study engaged a multidisciplinary approach to gather rich data to connect the analysis. They include documents, court reports, interviews, journals, articles, etc. in relation to this topic. These data intend to answer the following questions: (a) When, and how, can a recourse to UNDRIP become a tool for mobilization and empowerment of communities? (b) Can UNDRIP become an instrument for mobilization and empowerment of communities when it is not embraced by the government? (c) In such a situation where UNDRIP is viewed unfavourably by the state, what other factors or conditions can help Temiar achieve effective outcomes. Despite the non-action of the Malaysian Government in relation to UNDRIP, the study revealed that the Temiars were able to strengthen their works of community organizing and engage themselves in political negotiation processes through exposures from trainings and workshops on UNDRIP. The acts of resistance by the Temiars, though visibility was low at the beginning, eventually made the headlines on mainstream media. Therefore, the study holds that UNDRIP remains as an important instrument for the indigenous peoples as a tool for advocacy and empowerment in implementing the right for selfdetermination.