In Malaysia, the Federal government has commenced a legal suit against the Kelantan State government, etc with regard to issues of Orang Asli rights and violations, etc. Unfortunately, we have not yet have sight of the court papers - and can only rely on media reports.
For many, it was long overdue, and it was the right thing to do for too long have the Orang Asli in Semenanjung Malaysia(the 'Aborigine' or what today we say the Indigenous people) have been side-lined. These were the 'first people' of Peninsular Malaysia but somehow even the Federal Constitution failed to provide special protection to these indigenous people.
The Orang Asli are the indigenous minority peoples of Peninsular Malaysia. The name is a Malay term which transliterates as ‘original peoples’ or ‘first peoples’. It is a collective term introduced by anthropologists and administrators for the (officially) 18 ethnic subgroups generally classified for official purposes under Negrito, Senoi and Proto-Malay. They numbered 178,197 in 2010 representing a mere 0.6 per cent of the national population (28 million). - COAC - Center for Orang Asli Concerns
Yes, the Federal Constitution deals with 'the Malays and natives of any of the States of Sabah and Sarawak...' providing special quotas possibly to uplift these ethnic/racial groups towards a more equitable share in terms of education, employment, business opportunities, etc...to address the imbalance perceived amongst the communities when Independence was finally obtained in 1957. See Article 153 Reservation of quotas in respect of services, , etc., for Malays and natives of any of the States of Sabah and Sarawak.
Sadly, the indigenous people of the Peninsular Malaysia were left out.
The former UMNO-BN government, despite many a time having the required two-third majority which allows for constitutional amendment, did not do anything to correct this injustice, and the Orang Asli of the Peninsular Malaysia was left out.
Of the 869 Orang Asli communities in the peninsula, 37.2 per cent are in interior/forest areas while 61.4 per cent are in forest-fringe or rural areas. Only 1.4 per cent of the Orang Asli settlements are in, or close to, urban centers. Many of the communities living live close to, or within forested areas – including Semai, Temiar, Chewong, Jah Hut, Semelai and Semoq Beri – still engage in swiddening (hill rice cultivation) and do some hunting, fishing and gathering. These communities also trade in petai, durian, rattan and resins to earn cash incomes.A very small number, especially among the Negrito groups (such as Jahai and Batek) are still semi-nomadic, preferring to take advantage of the seasonal bounties of the forest. A significant number of Orang Asli also have salaried jobs or are self-employed.- COAC - Center for Orang Asli Concerns
The former UMNO-BN government, despite many a time having the required two-third majority which allows for constitutional amendment, did not do anything to correct this injustice, and the Orang Asli of the Peninsular Malaysia was left out.
To further aggravate the problem, only about 12 per cent of the 869 Orang Asli villages are gazetted as Orang Asli Areas or Reserves. This means the majority of Orang Asli villages are on state land, though the Orang Asli themselves would not concede to this classification of their land. Efforts at gazetting the remaining Orang Asli lands have been sluggish, to say the least, since the 1960s and especially after the mid-1970s.
Often, Orang Asli reserves are degazetted without their knowledge while long-standing applications for gazetting have gone unheeded for as many as 40 years. In the last decade, for example, 1,062.42 hectares of Orang Asli reserves were degazetted for other purposes, while another 6,932.15 hectares of Orang Asli territories that were approved for gazetting as Orang Asli reserves were not only never gazetted at all but have in fact lost its status as Orang Asli land and reverted to the state!
This insecurity over the tenure of their lands has resulted in many Orang Asli communities losing their lands to government land schemes, private plantations, mining concessions, highway and dam projects, housing projects, recreation areas, new townships, sites for universities and various other ‘development’ projects. In cases where the Orang Asli are resettled in regroupment schemes, even here there is still no permanent security of tenure – the trend in some states being to give individual 99-year leases to the Orang Asli instead.
Land dispossession remains a persistent issue facing the Orang Asli. There are numerous instances when Orang Asli had to give up their lands, or had the lands taken from them. For example, the Semai in Kampung Sandin, Bidor had their orchards and community lands taken from them under duress only for it to be given to others as part of a group settlement scheme for other non-Orang Asli Bumiputra. The Temuans in Sepang too had to give up their well-established settlements to make way for the Kuala Lumpur International Airport. In Stulang Laut in Johor, the Orang Seletar were relocated to make way for a commercial and customs complex and then had their church demolished in the resettlement site because it was built on state land. And the Temuans in Bukit Unggul, Bangi first had to make way for the construction of a university (UKM) on their land, and then had to move again from their resettlement site to make way for a golf course!- COAC - Center for Orang Asli Concerns
For a long time this 'Orang Asli' were further discriminated, whereby the Ministry responsible was the Home Ministry - not even the Welfare Ministry. The orang asli communities were isolated from the mainstream - they had to go to 'special' schools, and even had 'special' hospitals...which many of time were of much lower standards compared to other public schools and healthcare facilities. Attempts were made by some quarters to make these Orang Asli Muslims - and there were allegedly 'rewards' like financial assistance and even new homes used. Similarly, other religious groups also tried to convert the Orang Asli. Sadly, respect for the orang asli beliefs and culture was ignored...
The State, in the past, may have also been guilty of trying to keep the Orang Asli as they were - hence used as tourist attractions. One example where this was happening was in the National Park in Pahang.
The orang asli in Semenanjung Malaysia comes from various different ethnic groups, each of which have their own unique language and culture.
As it is, many Orang Asli remains poor - many not even enjoying basic amenities like piped water, electricity, proper roads, public transport, etc...
One major issue was land - the Orang Asli community found their land being encroached by development - which impacted greatly in their lifestyle, their livelihood and also income generation capacity. Many depended on the harvesting of forest resources, and so, the encroachment of the land by loggers, mining companies and plantation companies led to the victimization of these indigenous people.
Malaysia is a Federation, and so, the Constitution divided what came under the jurisdiction of the Federal Government, and what came under the jurisdiction of the State governments. There is also a list of matters that come under the jurisdiction of both Federal and State governments.
The welfare of the aborigines(the Orang Asli), according to the Ninth Schedule of the Federal Constitution is the responsibility of the Federal government...BUT land generally comes under the State List...likewise the forest.
The State, in the past, may have also been guilty of trying to keep the Orang Asli as they were - hence used as tourist attractions. One example where this was happening was in the National Park in Pahang.
The orang asli in Semenanjung Malaysia comes from various different ethnic groups, each of which have their own unique language and culture.
As it is, many Orang Asli remains poor - many not even enjoying basic amenities like piped water, electricity, proper roads, public transport, etc...
One major issue was land - the Orang Asli community found their land being encroached by development - which impacted greatly in their lifestyle, their livelihood and also income generation capacity. Many depended on the harvesting of forest resources, and so, the encroachment of the land by loggers, mining companies and plantation companies led to the victimization of these indigenous people.
Malaysia is a Federation, and so, the Constitution divided what came under the jurisdiction of the Federal Government, and what came under the jurisdiction of the State governments. There is also a list of matters that come under the jurisdiction of both Federal and State governments.
The welfare of the aborigines(the Orang Asli), according to the Ninth Schedule of the Federal Constitution is the responsibility of the Federal government...BUT land generally comes under the State List...likewise the forest.
16. Welfare of the aborigines.NINTH SCHEDULE of Federal ConstitutionsUnder the state lists, item 2(b) which deals with land
2. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, land including-...(a) Land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction; (b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;...(d) Compulsory acquisition of land;3. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, agriculture and forestry, including-
(a) Agriculture and agricultural loans; and
(b) Forests.
Under the State List - there is talk about 'native reservations' but alas it seems only for states of Sabah and Sarawak only.
When it comes to Peninsular Malaysia States, there is only mention in the Constitution about 'Malay Reservations' and there is no specific mention about 'Orang Asli Reservations' for land...
What is interesting, is that many matters, including the preservation falls within the Concurrent List - hence the obligation falls both on the Federal government, as well as the State government...
LIST III - CONCURRENT LIST1. Social welfare; social services subject to Lists I and II; protection of women, children and young persons.
2. Scholarships
3. Protection of wild animals and wild birds; National Parks.
4. Animal husbandry; prevention of cruelty to animals; veterinary services; animal quarantine.
5. Town and country planning, except in the federal capital.
6. Vagrancy and itinerant hawkers.
7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.
8. Drainage and irrigation.
9. Rehabilitation of mining land and land which has suffered soil erosion.
9A. Fire safety measures and fire precautions in the construction and maintenance of buildings.
9B. Culture and sports.
9C. Housing and provisions for housing accommodation; improvement trusts.
9D. Subject to the Federal List, water supplies and services.
9E. Preservation of heritage.
Now, 'heritage' is defined as 'the history, traditions,practices, etc. of a particular country, society, or company that exist from the past and continue to be important. Surely, the preservation of orang asli land and lifestyle would fall within this definition.
A legal suit is a good start - but surely this new Pakatan Harapan government, that currently also forms the State government in most Peninsular Malaysia states save Pahang, Perlis, Kelantan and Trengganu can do more to once and for all preserve the rights of the Orang Asli wide possibly Constitutional and/or statutory amendments...
Firstly, the various orang asli villages need to be recognized and gazetted - then their rights and land need to recognized, and ....
We cannot just expect the Federal government to be taking up legal cases again States and others....
Some say that the PH government did this simply too woo Orang Asli voters in the upcoming Cameron Highland by-elections. I choose to believe that this is not so and this new alternative PH government is finally doing the right thing for Orang Asli, something that the BN failed to effectively do...
Malaysia sues Kelantan state government for infringing land rights of indigenous people
Malaysia's indigenous people have been pitted against logging and palm oil companies keen to tap the forested areas in which they live.PHOTO: ST FILEPUBLISHEDJAN 18, 2019, 8:46 PM SGT
Orang Asli, meaning "original people", is the term used for Malaysia's indigenous people, who make up about 14 per cent of the population. They have been pitted against logging and palm oil companies keen to tap the forested areas in which they live.
Logging companies, which have cleared vast forest areas in Kelantan for durian and rubber plantations, had deprived the Temiar Orang Asli of their ancestral land and resources, the office of the attorney-general said in a statement on Friday.
State authorities did not consult the community before granting the licences, nor offer them compensation, it said.
"Rapid deforestation and commercial development have resulted in widespread encroachment into the native territories of the Orang Asli," Attorney-General Tommy Thomas said in the statement.
"Commercial development and the pursuit of profit must not come at the expense of the Temiar Orang Asli and their inherent right, as citizens of this country, to the land and resources which they have traditionally owned and used," he said.
The suit, filed in the high court of Kelantan's state capital Kota Bharu, seeks the legal recognition of the Temiar Orang Asli's land rights, and injunctions to restrain private firms from encroaching on and destroying their land.
The suit names the state government of Kelantan - which lies in the north-east of mainland Malaysia - as well as the state director of land, the forestry department and five private entities as defendants.
Malaysia has adopted the United Nations' declaration on the rights of indigenous people, which advocates free, prior and informed consent of communities that might be affected by commercial projects.
Yet that is rarely done, activists have said.
Dozens of disputes that pitted indigenous communities against logging and palm oil companies have ended up in court, and several campaigners have been killed in recent years, according to rights groups.
Malaysia's government, which came to power in May after ousting a corruption-mired coalition, offered some hope, said human rights lawyer Charles Hector.
"Land is a state subject, so it is very significant that the federal government is taking this unprecedented step of suing a state government over the land rights of the Orang Asli," he said.
"In representing the Orang Asli against the state, the federal government is signalling a different direction for indigenous rights," he told the Thomson Reuters Foundation.
Around the world, indigenous and local communities own more than half of the land under customary rights, yet have secure legal rights to just 10 per cent, according to advocacy group Rights and Resources Initiative. - Straits Times, 18/1/2018
In a first, Malaysia sues state government for infringing land rights of indigenous people
Rina Chandran
Rina Chandran
BANGKOK (Thomson Reuters Foundation) - The Malaysian government said on Friday it would sue the local government of Kelantan state for failing to uphold the land rights of its indigenous people, a move that activists said was unprecedented and that could lead to more protection measures.
Orang Asli, meaning “original people”, is the term used for Malaysia’s indigenous people, who make up about 14 percent of the population. They have been pitted against logging and palm oil companies keen to tap the forested areas in which they live.
Logging companies, which have cleared vast forest areas in Kelantan for durian and rubber plantations, had deprived the Temiar Orang Asli of their ancestral land and resources, the office of the attorney general said in a statement on Friday.
State authorities did not consult the community before granting the licenses, nor offer them compensation, it said.
“Rapid deforestation and commercial development have resulted in widespread encroachment into the native territories of the Orang Asli,” Attorney General Tommy Thomas said in the statement.
“Commercial development and the pursuit of profit must not come at the expense of the Temiar Orang Asli and their inherent right, as citizens of this country, to the land and resources which they have traditionally owned and used,” he said.
The suit, filed in the high court of Kelantan’s state capital Kota Bharu, seeks the legal recognition of the Temiar Orang Asli’s land rights, and injunctions to restrain private firms from encroaching on and destroying their land.
The suit names the state government of Kelantan - which lies in the north-east of mainland Malaysia - as well as the state director of land, the forestry department and five private entities as defendants.
Malaysia has adopted the United Nations’ declaration on the rights of indigenous people, which advocates free, prior and informed consent of communities that might be affected by commercial projects.
Yet that is rarely done, activists have said.
Dozens of disputes that pitted indigenous communities against logging and palm oil companies have ended up in court, and several campaigners have been killed in recent years, according to rights groups.
Malaysia’s government, which came to power in May after ousting a corruption-mired coalition, offered some hope, said human rights lawyer Charles Hector.
“Land is a state subject, so it is very significant that the federal government is taking this unprecedented step of suing a state government over the land rights of the Orang Asli,” he said.
“In representing the Orang Asli against the state, the federal government is signaling a different direction for indigenous rights,” he told the Thomson Reuters Foundation.
Around the world, indigenous and local communities own more than half of the land under customary rights, yet have secure legal rights to just 10 percent, according to advocacy group Rights and Resources Initiative. Reuters, 18/1/2018
In lauding the government’s move, the Human Rights Commission of Malaysia (Suhakam) pointed out that repeated concerns have been raised over the “state-sanctioned” encroachment of Orang Asli land."Despite the fact that land may be a state matter, the federal government has a duty to uphold the rights of Orang Asli who are citizens of Malaysia,” said Suhakam chairperson Razali Ismail.
Describing the legal action as being long overdue, Razali also said the comission will be holding a watching brief over proceedings of the case. - Malaysiakini, 19/1/2018
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