The federal and Johor governments have been advised by the Human Rights Commission (Suhakam) to abide by the international declaration on the rights of indigenous peoples.

This is in the wake of complaints by members of the Seletar tribe near Johor Bahru, that a developer and a state agency have encroached into ancestral burial land.

orang asli rights Commissioner Mohd Sha’ani Abdullah said Malaysia is obliged to comply with the UN Declaration on the Rights of the Indigenous Peoples 2007, which the government has ratified.

“Suhakam visited the area (last) Friday and found (there was basis for the) complaints. (The Orang Asli) have been living there for many years prior to ... 1999 (when) the land was given without their knowledge to a state agency for development,” he said.

“The Orang Asli Affairs Department (JHEOA), despite knowing (about) the takeover in 1999, did not inform the community of the state’s action. The state authorities and state agency should know that they cannot give out ... Orang Asli tribal land.”

Sha’ani was speaking to Malaysiakini today after receiving a memorandum of complaint from 12 Seletar Orang Asli, led by Eddy Salim.

They had earlier complained that two excavators had encroached into the ancestral graveyard near Kampung Orang Asli Sungai Temon and Kampung Bakar Bat, to carry out earthworks for the Iskandar development plan.

Sha’ani told the Orang Asli to pursue their legal rights and to create awareness of the authorities’ obligation to respect the rights of indigenous peoples.

“Sometimes they know but chose to remain ignorant or do not respect their rights. This should not be the way ...,” he said.

Eddy said he is seeking a meeting with the JHEOA to resolve the dispute.

“We wanted to meet tomorrow but could not. Hopefully, they will meet with us soon,” he said, adding that the community will also consider legal action.