The Malaysian Insight

THE Temuan in Kg Pulau Kempas, Kuala Langat, Selangor are living in fear of losing their ancestral land, which is being encroached on by sand-mining and development companies while their protests are silenced by those in power.

Encroachment, or non-consensual use of indigenous land, is a longstanding problem, the Orang Asli told The Malaysian Insight.

They said sand-mining is destroying their plantations and ancestral graves and endangering their safety.

They blame state-owned Kumpulan Semesta Sdn Bhd (KSSB) for destroying most of their agricultural effort with permission from the state government.

Village headman Raman Pahat, 42, said a month ago, heavy machinery demolished their oil palm estate in Mukim Tg Dua Belas.

“We could only stand by and watch,” he said, adding that they were also not adequately compensated for their losses.

The Orang Asli have taken up the issue with Kuala Langat MP Xavier Jayakumar but have yet to receive a response.

“Maybe he wants to help but he is faced with a conflict of interest,” said Raman, alluding to Xavier being a member of the state ruling party PKR.

Xavier’s office said it won’t comment as it was a state matter.

State involved

KSSB chief legal officer Dazrin Mohd Darbi said the company received state approval to mine sand in 2017.

“Mainly the state is involved and KSSB is the permit holder. We have appointed Rock White Sdn Bhd as the operator and it appointed Mara Majumas Sdn Bhd as the sub-contractor,” he said.

The Orang Asli can claim compensation for the losses of their trees and plants because of sand mining, said Dazrin.

“They (Orang Asli) may not have the rights of claim over the land, but they may have the rights to claim compensation for the plants and trees which they have planted.”

KSSB held multiple meetings with the Department of Orang Asli Development (Jakoa) and the Valuation and Property Services Department where the Orang Asli were represented as well, he said.

“And with these meetings, we have reached an agreement on how to proceed with our mining operations, whereby their claims will be attended, too.”

He said Raman was also present at those meetings and fully aware of the outcome.

Raman admits signing the agreement.

“But the signature does not mean I agree to the project. KSSB asked me to sign to confirm the 10 people have taken their compensation money.

“And if I did not sign, then the company would not contribute a donation of RM8,000 to our ancestral holiday celebration on December 29, 2017,” he said.

Raman added that the sand-mining operations started prior to the agreement.

“If they were to ask our permission for the land, we would say no. But what choice do we have except to request that they pay us an appropriate amount that we deserve,” said Raman.

Land owners

Dazrin said the company paid compensation of RM500,000 to 25 Orang Asli villagers.

“We have paid a total of RM508,329.63 to 25 settlers. Of course, it is minuscule if compared to the value of the land but the obligation is not to compensate them for the land, but for their plants,” he said.

Another 43 Orang Asli villagers are yet to be paid compensation and will receive it once sand-mining operations begin in their areas.

The payment history from KSSB states that the latest payment was on August 25.

Raman, however, said there are others who have not been compensated at all.

“Some settlers still did not receive their payment while their trees and crops have already been cut without informing the owners.”

The Orang Asli also complained about double standards by the authorities not allowing them to do any agricultural activities on their land.

They said the forestry department and police took away their rented farming equipment last month.

“We were converting our oil palm plantations for banana plantations and cash crops. The villagers were forced to leave after being told that it is a forest reserve land.

“Why? We are not intruders. We own this land!”

Raman added that they also often face difficulties getting approvals, such as from the Rubber Industry Smallholders Development Authority (Risda).

The Temuan tribe has documents, including a copy of a government gazette in 1927, which shows that the land is theirs.

A Jakoa letter in 2010 also acknowledges the Orang Asli as owners of the land in Kuala Langat.

Raman, however, said the district office refuses to acknowledge the boundaries belonging to the Orang Asli as stated in the documents.

The district office told the villagers that part of their land overlaps with state-owned land.

Apart from the sand mining, Raman’s group also faces intrusion from property developers who want to convert the forested areas into residential hubs.

In 2018, one developer demolished their old burial grounds and later promised RM5,000 per tomb.

“Until today, they have not given us our compensation as promised. In the first place, we do not desire compensation more than the dignity and pride that we have. These are our people’s remains,” Raman said. – December 5, 2020.