THE government should show it has the will to take concrete action in addressing the problems of Orang Asli, although it appears there is a lack of interest in the community’s issues, said Colin Nicholas, the founder and coordinator of the Centre for Orang Asli Concerns.

“At least, the government should show that it is taking some concrete action in that direction,” said Nicholas.

Nicholas said the most pertinent action the government can take to address the Orang Asli’s problems is declaring that the people have the rights to their land and impose a moratorium on all dealings on Orang Asli land until there is a resolution to the current conflict.

The government should ratify all relevant international instruments, such as the ILO 160, and implement Article 10 and Article 34 of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

Article 10 of the UNDRIP states that indigenous peoples shall not be “forcibly removed from their lands or territories and no relocation shall take place without the free, prior, and informed consent of the indigenous peoples concerned, and after agreement on just and fair compensation and, where possible, with the option of return”.

Article 34 states indigenous peoples have the “right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards”.

“First, you have to ask what the government did to lose their trust,” Nicholas said during his public lecture entitled “Post-Cameron Highlands by-election: the challenge of realising the rights of the Orang Asli”.

Nicholas said the Pakatan Harapan government has yet to deliver its manifesto’s promises to the Orang Asli.

He said it had moved the Orang Asli Development Department  (Jakoa) to the Prime Minister’s Department from the Rural and Regional Development Ministry without prior consultation with the Orang Asli themselves.

Nicholas drew attention to plans for festivals to celebrate World Indigenous People’s Day, Penang’s Orang Asli Day, and an Orang Asli conference, which were floated about during the Cameron Highlands polls but did not see the light of the day.

He also said that the government does not know what the Orang Asli wants, which reflects a lack of interest in the group.

He said the government should be more proactive, educate itself and its officials, keep its promises especially in securing land rights, set deadlines for specific targets, and inform,  update and involve the Orang Asli in addressing the group’s problems.

Nicholas said the government should also conduct audits on the village level to reduce leakages and corruption, and review the village leadership system.

He said the government should apply the recommendations made by the Suhakam National Land Inquiry 2013, or at least have it debated in Parliament.

Nicholas also said while Jakoa cannot be done away with completely, the organisation which has been subjected to internal discrepancies over the years should be revamped.

He said Jakoa should be revamped into a organisation that serves the Orang Asli, instead of one that makes decisions on their behalf.

He said the leakages plaguing the department have to be plugged.

Nicholas acknowledged that the Orang Asli are still very strongly dependent on Jakoa, even though health and education affairs have been moved to the purview of the relevant  ministries.

The department however still looks after the areas of development, transportation, housing, and others.

He said the department should be manned by officials who have the right mindset and are able to ensure that the Orang Asli will get their rightful share.

When asked if the results of the Cameron Highlands polls, which was won by Orang Asli candidate Ramli Mohd Nor of Barisan Nasional, would set the tone for more Orang Asli participation in politics, he said Orang Asli have stood for elections in the past.

“Orang Asli have stood for elections. In the new party, they are likely to give unsafe seats to an Orang Asli because they will lose. That attitude must change.”

He said instead of fielding Orang Asli candidates in areas in which the community forms the majority, parties should let good candidates stand in areas dominated by other races as well. – February 24, 2019.