There is legal precedent in Perak recognising Orang Asli land, COAC tells MB

Centre for Orang Asli Concerns (COAC) coordinator Colin Nicholas has reminded Perak Menteri Besar Ahmad Faizal Azumu that there is a legal precedent to the recognition of Orang Asli customary land in the state.

Faizal said yesterday that Perak does not recognise customary land (tanah adat) for any ethnic group under the state constitution, including the Orang Asli.

“This guy is a nincompoop," Nicholas told Malaysiakini.

“There are many court cases recognising Orang Asli land rights but there is one specifically in Perak. This was ruled in 2015.” 

Nicholas was referring to a 2015 court case involving the Orang Asli of Kampung Kuala Senta in Bidor.

He explained that the land title for part of the Orang Asli land in the area, which was not gazetted, had been given to a company that proceeded to evict the Orang Asli.

Read more: Harapan told to educate state leaders on commitment to Orang Asli rights

This was taken to court, and in October 2015 the Ipoh High Court ruled that the parcel of land spanning 2,209.5ha rightfully belonged to the community.

“The government was wrong to give land to that company, and the (court) order was to cancel the land title and give it back to the Orang Asli and gazette the land as an Orang Asli reserve.

“That was in 2015, and until now the state government has not acted on the ruling.

“That’s maybe why the menteri besar is so ignorant of the law. He has to follow the law. It is about time he understands and follows the law, even in his own state,” Nicholas said.

Perhaps, he suggested, Faizal (photo) was being advised on these matters by people with ulterior motives or who were ignorant of the law.

Nicholas also expressed his disappointment that the Perak excos from other Pakatan Harapan parties, such as PKR and DAP, did not speak up against Faizal’s remark on customary land.

"I cannot understand why the PKR and DAP excos are keeping quiet on all this," he said.

"Surely they do not support what the menteri besar is saying and doing?"

Separately, Bukit Gelugor MP Ramkarpal Singh said Faizal should have consulted the state legal adviser before speaking about Orang Asli land rights.

There is no doubt that the Orang Asli have proprietary rights both under common law and statutory law, and this includes providing them with proper compensation when evicting them from their customary land, he said.

"Faizal’s statement gives the impression that the Orang Asli in Perak have no proprietary rights and that the state government is not interested in protecting their welfare, which is completely contrary to Harapan’s manifesto before the 14th general election.”

“Faizal ought to be taking steps to improve the welfare of the Orang Asli instead as the menteri besear. 

"Not recognising customary land is certainly wrong and he ought to correct this misperception sooner rather than later,” said Ramkarpal (photo), who is also the DAP legal bureau chief.

As part of its election manifesto, Harapan had promised to work to implement proposals from the national inquiry report on indigenous land rights prepared by Suhakam in 2013.

They said the report would be brought for parliamentary debate in the first year of their administration, but this did not materialise.

The Suhakam report outlined 18 recommendations on six main issues – the recognition of indigenous customary rights to land, remedy for land loss, addressing land development issues and imbalances, preventing future loss of native customary land of the indigenous peoples, handling land administration issues, and recognising land as central to indigenous peoples’ identity.

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