Orang Asli groups unhappy with engagement session on land issue

Two Orang Asli groups have voiced their dissatisfaction with an engagement session held by Cameron Highlands MP Ramli Mohd Nor on constitutional issues affecting disputes over their native customary land.

The Kelantan Orang Asli Villages Network (JKOAK) said the engagement session held yesterday at Bonda Yah, Kuala Betis, was “very technical” and difficult for the villagers attending the event to understand.

“This can be seen as many attendees were asking questions when trying to fill forms distributed by the secretariat, showing their lack of comprehension during the engagement session,” said JKOAK chairperson Mustafa Along in a statement today.

Moreover, Mustafa said only 10 minutes were allocated for the question-and-answer session even though more than 60 people were attending the event.

He said only two people were able to ask questions at the session. The third person was already standing, ready to ask the next question, when the session ended abruptly without explanation.

Because of this, Mustafa said JKOAK representatives were also unable to ask questions.

Ramli’s dubious claim

Mustafa also disputed Ramli’s (above) assertion that 90 percent of Orang Asli have agreed to a proposed constitutional amendment on community land ownership, which is set to be tabled in Parliament in 2027.

Bernama had quoted Ramli, who is also the Dewan Rakyat deputy speaker, saying that 219,000 Orang Asli have expressed the desire for the amendments.

“Land matters fall under state jurisdiction according to the government’s list of responsibilities. Therefore, this initiative will facilitate the claims of the Orang Asli community as it involves their customary land.

“Once all engagement sessions are completed, the matter will be presented to the Bar Council, then to the cabinet, which will forward it to the attorney-general for review, and subsequently to the Conference of Rulers,” Ramli was quoted as saying.

Apart from the session in Kuala Betis, the BN lawmaker said similar engagement sessions had been held in Selangor, Kuala Lumpur, West Pahang, Perak, Johor and Kedah, with more planned for Pahang.

Mustafa said Ramli’s claim of 90 percent consent is dubious because some states like Pahang have yet to participate in the engagement sessions.

He also emphasised that the tok batin (village chiefs) and Orang Asli Village Community Management Council (MPKKOA) chairpersons participating in the event do not represent their respective communities.

This is because Orang Asli people are individuals with the right to self-determination, as enshrined in Article 3 of the United Nations Declaration on the Rights of Indigenous People.

Engagement session not transparent

“As such, JKOAK wishes to state its dissatisfaction with how the engagement session was conducted at the event.

“This is because JKOAK is of the opinion that the session was not conducted transparently in line with the principles of transparent, free, prior, and informed consent, even though the amendment involves the interests and the future of the Orang Asli,” he said.

In a separate statement, the Peninsular Malaysia Orang Asli Villages Network (JKOASM) took Ramli to task over the latter’s diagnosis of the constitutional issues surrounding customary land rights.

Ramli had reportedly said that the Federal Constitution places the responsibility of Orang Asli welfare on the federal government, whereas land matters are under the jurisdiction of the respective state governments.

Therefore, Ramli claimed state governments do not have the legal authority to recognise native customary land, which led to problems for the community.

He proposed moving Orang Asli welfare from the constitution’s Federal List to the Concurrent List, meaning it would be the joint responsibility of federal and state governments to protect Orang Asli welfare.

JKOASM countered that the Concurrent List already lists “social welfare” as a joint responsibility, and argued that it covers all segments of Malaysian society including the Orang Asli.

Right to customary land

Likewise, the Aboriginal Peoples Act 1954 empowers state governments to gazette land as Orang Asli reserves.

“There is no reason why state governments can’t recognise Orang Asli customary land,” said JKOASM chairperson Tijah Yok Chopil.

She highlighted various legal avenues that can be used by federal and state governments to recognise Orang Asli land, and court decisions affirming the community’s right to the land they have traditionally inhabited.

“The decisions in these land cases should have been compiled into written law to give recognition for native customary land, not find excuses by claiming it is caused by certain things that aren’t the issue at all.

“For us, the real reason Orang Asli customary land is not recognised is because the government and politicians elected by the people lack the will, desire, or seriousness to recognise and protect the rights and interest of the Orang Asli,” she said.

Tijah added that Suhakam had already proposed 18 recommendations following a public inquiry held in 2012, which have been accepted by previous administrations.

The government must fulfil its promises if it truly cares about the welfare, development, and rights of the Orang Asli, she said.

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