The Malaysian Insight

THE plight of the Orang Asli was once again highlighted in The Malaysian Human Rights Commission (Suhakam) 2019 Annual Report, showing their many unresolved struggles over several issues.

The report listed recurrent issues that the Orang Asli face, which include a lack of access to clean water, the opening of plantation lands surrounding their settlements, land encroachment, and difficulty in accessing health and education services for their children.

Specific incidents highlighted in the report were the deaths among the Bateq tribes in Kuala Koh from allegedly polluted water sources, failure to recognise customary land rights, land encroachment activities in Kg Cunex in Gerai, Perak as well as in Pekan, Rompin and Bera in Pahang, and harmful quarry operations in Kg Gebok near Nilai, Negeri Sembilan.

Suhakam said that for last year, the commission received a total of 61 complaints from the indigenous community – 20 in Peninsular Malaysia, 14 in Sabah and 27 in Sarawak.

“In Peninsular Malaysia, most of the complaints came from Pahang, Perak and Negeri Sembilan.

“The issues raised were related to the non-recognition of customary land rights.

“This then leads to encroachment of their land and a lack of basic infrastructure facilities in their settlements, such as electricity, clean water, tarred roads, and housing,” the report said.

Up till today, the indigenous people still struggle for the recognition of their customary land rights without much success or positive response from the relevant state authorities who have jurisdiction over land matters, it noted.

Suhakam said it was very concerned and disappointed at the government’s lack of action and seriousness in implementing national inquiry recommendations given six years ago

Suhakam said that in 2010, it convened a national inquiry into the Land Rights of Indigenous People in Malaysia and the report was published in 2013 with several key issues highlighted and with 18 recommendations.

“Although the Orang Asli affairs was placed under the purview of the Minister in the Prime Minister’s Department responsible for National Unity and Social Wellbeing, it is still unclear whether the department is responsible for ensuring the implementation of the national inquiry recommendations.

“The slow action in implementing the national inquiry recommendations has not changed the status of the Orang Asli community as the most vulnerable and marginalised group,” it said.

Suhakam urged relevant agencies under the Prime Minister’s Department to facilitate and expedite the process to recognise the native customary land rights of Orang Asli.

It said state governments must work hand in hand with the Minister in charge of Orang Asli affairs to recognise land rights.

Suhakam reiterated its call for all parties to respect the principle of free, prior and informed consent before making any decision or giving any approval for development projects.

Police should also stop arresting Orang Asli from neighbouring settlements that come to show support and solidarity when fellow Orang Asli highlight a problem.

Besides, it also said that the Orang Asli community must have access to quality healthcare, schooling, clean water and other basic needs. – November 23, 2020.