A/HRC/42/47/Add.2
used for washing and for the toilets. The Special Rapporteur observed a pattern of relying
on alternative water supplies, such as water collected directly from rivers and streams,
transported in bottles or supplied by non-sustainable gravity-fed water systems, or on
systems connected to the central network with scarce water availability.
31.
The Special Rapporteur observed that the lack of adequate water, particularly the
scarce availability of water, clearly had consequences on sanitation: several toilets built
inside brick houses and communal toilets in the villages did not function. When the Special
Rapporteur asked a villager about the situation regarding sanitation, he replied with a
rhetorical question: “without water, how can we use the toilet?” In terms of access to toilets,
it was reported that, of the 850 indigenous villages, only approximately 700 villages had
sanitation facilities. In some villages, the Special Rapporteur saw clean and sturdy toilets
that had been built by the Department of Orang Asli Development following the flooding
between December 2014 and January 2015. However, many explained that those toilets
were unused because of a lack of water to flush with.
32.
Furthermore, the lack of water services meant that Orang Asli had to rely on water
from rivers for washing. Travelling from one village to another, on the side of the road, the
Special Rapporteur saw one water point that had been installed by the community through a
connection to the oil palm plantation nearby. A villager passing by had his ablutionary
products in a basket and a towel on his shoulder and was about to take a shower. He
explained that water was a basic human need and that it was clear that his basic needs had
not been met. The Special Rapporteur travelled in a car between villages but the indigenous
peoples had to walk or take a motorbike on the rough road to take showers. In addition to
the quality of drinking water, the quality of water used for personal use, such as bathing,
was another concern for the Special Rapporteur. In one village, the water flowing in the
river was described as “chocolate” in colour during the rainy season, and like “tea with
milk” during the dry season. This led the Special Rapporteur to question whether the river
was clean enough for the indigenous peoples to use for washing, particularly for menstrual
hygiene. When the Special Rapporteur was in one of the villages, he saw young children
washing themselves in the river that ran next to the settlement. The indigenous women
explained that they preferred to wash their entire body in the river during menstruation,
which some of them did three times a day.
33.
The Special Rapporteur stresses that a targeted policy is needed to ensure that Orang
Asli have proper access to water and sanitation services. The capacity of the Department of
Orang Asli Development needs to improve so as to ensure that services are appropriate,
sustainable and compatible with indigenous cultural values. He hopes to see more resources
allocated to upgrade and maintain the water infrastructure of the Orang Asli villages so that
indigenous peoples are no longer marginalized. Furthermore, he highlights that indigenous
peoples have the right to participate and be consulted on matters affecting them,
particularly on decision-making related to technical solutions and other key issues of their
water and sanitation facilities (see United Nations Declaration on the Rights of Indigenous
Peoples, arts. 18–19).
B.
Rural population
34.
Those living in rural areas require particular attention from the Government, in order
to improve their access to water and sanitation services and to ensure sustainability of the
water and sanitation services. In the rural areas of Malaysia, the main sources of water
include rainwater, gravity-fed water from the mountains and groundwater. In the rural parts
of states in East Malaysia, most of the gravity-fed water systems were installed after the
1980s as a result of a joint effort by the Ministry of Health and the communities. According
to the Government, poor rural communities and those at higher risk of water-borne diseases
are currently given priority when installing rural water supplies and sanitation facilities.
While the water supply was available in rural areas, in some rural villages that the Special
Rapporteur visited, responsibility for their maintenance had been handed over from the
Ministry of Health to the community without any financial support from the Government.
He highlights that, for the population to enjoy their rights to water and sanitation, it is
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