Accountability: State Capacity in Upholding the Rights of Indigenous Peoples in Malaysia

Faculty of Law, University Kebangsaan Malaysia UKM 43600 Bangi, Selangor, Malaysia

^* Corresponding Author: rohaidanordin@ukm.my

Abstract

There is no proper mechanism for monitoring the effectiveness of indigenous legislation and evaluating its application in the day-to-day practice of the public administration and society. This paper firstly identifies and conceptualises the variables of State capacity and, secondly, provides empirical advances that analyse State capacity under each variable to demonstrate in practicing how those variables influence or determine the actual enjoyment of the indigenous peoples’ rights in Malaysia. Toward the purposes of this analysis and from the literature review [14,45], this analysis has identified the following variables: (i) accountability; (ii) legal legitimacy; (iii) political will; and (iv) capacity building and resources. This paper however will focus on the first variable: State accountability. The analysis clearly illustrates the implementation gap in the public administration. In few exceptions, State bureaucracy reacts as a State capitalist or rent-seizing State towards new legislation or policy passed in favour of indigenous peoples and, in doing so, rejects the recognition of the indigenous peoples’ rights.