Federal sues Kelantan on Asli land rights
Published on: Saturday, January 19, 2019
Kuala Lumpur: The Attorney-General’s Chambers has filed a civil suit at the High Court of Malaya in Kota Bharu on behalf of the Federal Government to, among others, seek recognition of the Orang Asli’s land rights in Pos Simpor near Gua Musang.
In a statement issued here Friday quoting Attorney-General Tommy Thomas, the AGC also filed an injunction to prevent intrusion and destruction of their native land for commercial gain by the private sector.
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This is the first time since Independence that the Federal Government is instituting legal proceedings on behalf of the Orang Asli in giving recognition of its constitutional and legal duty to protect them as well as to promote their well-being and development, he said.
“The Prime Minister and the Cabinet, aware of the struggles experienced by Orang Asli, have decided that legal proceedings ought to be considered to reflect the Federal Government’s commitment to them. Plus, this is in line with the promise in its manifesto.
“The defendants are the Kelantan government, Kelantan Land and Mines director, Kelantan Forestry Department director and five private entities. The beneficiaries of this action are the Orang Asli. The litigation is also free of cost for the Orang Asli,” he said.
He said the Kelantan government and its agencies recently issued logging licences to private companies, which then used heavy machinery to fell trees and take the logs out of a vast area of the forest cleared for planting of durian and rubber trees.
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However, he said, the Kelantan government did not consult with the Temiar Orang Asli before approving the logging licences or offer any compensation to them.
Thomas said their action had resulted in the Temiar Orang Asli being denied their ancestral land and had caused erosion, pollution and destruction to the Pos Simpor ecological system and landscape.
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He said that although the state government had jurisdiction on matters pertaining to land, forestry and minerals, they were also bound to their main responsibility, which could not be set aside for the protection and preservation of the well-being of the Temiar Orang Asli.
“Unfortunately, the fundamental rights of Orang Asli have been neglected and infringed for far too long.Stay up-to-date by following Daily Express’s Telegram channel.
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“Rapid deforestation and commercial development have encroached into the native territories of Orang Asli. In most cases, the Orang Asli are not consulted, let alone considered.
“Rarely are they fairly compensated. They usually prefer to avoid resistance or direct confrontation.
“Instead, they will venture further into the forest,” he said, adding that any Orang Asli who tried to defend their ancestral land would find themselves all alone as they come up against powerful people and authorities with resources.
Thomas said that the fundamental rights of indigenous people around the world had been recognised, declared and enforced in landmark court cases, like in the High Courts in Australia, Canada and India which recognised a number of their rights as natives or first nations.
It was time, he said, for Malaysia to join other countries in recognising and protecting the rights of the Orang Asli.
Thomas said the United Nations Declaration on the Rights of Indigenous People 2007 (UNDRIP) emphasised the principle of free, prior and informed consent for those who would be affected by the proposed commercial work and thus provided them with international public legal support worldwide.
Photo Source: Bernama