PKR Johor expresses its deepest regrets over the destruction of the Orang Asli's ancestral graves near Kampung Orang Asli Sungai Temon and Kampung Bakar Batu.

This is another unscrupulous act by the people in power who in the name of development have been wrecking the livelihood of the Orang Asli and now even to the extent of disturbing the souls of their deceased.

The Danga Bay and Iskandar developments had wrecked the livelihood of the Orang Laut, who used to live along the Johor Straits as well as along the Johor River and Pulai River.

They know nothing apart from fishing but now they cannot fish anymore as their fishing villages were cleared for development.

Their lost of livelihood had not been adequately compensated until today.

PKR Johor condemns all parties who had alienated the Orang Asli's customary land for any developments without first consulting the Orang Asli and taking into consideration the effect on their livelihood.

The Orang Asli have been sadly marginalised and neglected and cannot survive if the land that they customarily occupy as a source of food and income are robbed from them.

Orang Asli's rights to their customary land existed before the making of any law in this land.

Article 160(2) of the Federal Constitution defines law as including any custom or usage.

Article 8(1) guarantees equality for all persons.

Article 8(2) prohibits discrimination against citizens based on race or descent in regard to the holding or disposition of property.

The Court had also in the case of Temuan tribal land in Dengkil, made the judgement that the Orang Asli's customary right to their land is a proprietary right protected by Article 13.

Hence, the actions by the Johor state government in alienating the

Orang Asli's land for the Danga Bay and Iskandar development had deprived the latter of their rights as accorded under Federal Constitution.

The Selangor government under the BN's administration committed a similar breach of the Federal Constitution in alienating the Temuan tribal land in Dengkil in 1996 for the purpose of constructing a highway to KLIA.

However, the administration under Pakatan Rakyat had in April 2009 withdrew the state government's appeal to the Federal Court to revert the Appeal Court's favourable decision for the Orang Asli.

Orang Asli must be accorded with equal protection under the Federal Constitution as anybody else!

STEVEN CHOONG SHIAU YOON is deputy secretary general of PKR.