MALAYSIA must respect native land rights and not force the Orang Asli to go to the courts repeatedly to assert their rights under the Pakatan Harapan government, said an environmental group helping the Temiar of Kg Tasik Cunex in Gerik, Perak.

Pertubuhan Pelindung Khazanah Alam Malaysia (Peka) is now helping the Orang Asli there to secure meetings with the authorities over logging which has destroyed their food source and livelihood, as well as increase public awareness of their plight. 

Peka vice-president Saha Deva Arunasalam told The Malaysian Insight that for now, the Orang Asli will try to obtain recognition for their land through government channels without resorting to the courts. 

“Peka expects the authorities to act without the need for the Orang Asli throughout the nation to turn to the courts every time other time, especially in Malaysia Baru,” he said. 

“Peka is assisting the Orang Asli of Cunex to draw attention of the authorities and the public to their plight. Our focus is to empower them to champion their own cause.”

The Cunex villagers brought their concerns to the Orang Asli Development Department (Jakoa) and are scheduled to meet its director-general, Dr Juli Edo, soon. 

Juli, the first Orang Asli head of the department, recently backed the Cunex villagers in their blockade against a logging company.

The blockade was demolished with the support of the Perak government, whose Menteri Besar Ahmad Faizal Azumu said the land has not been gazetted as customary land and as such belonged to the state.

Saha said Faizal should bear part of the blame for the current standoff between the Orang Asli and the loggers in the area as he has shown a lack of understanding about Orang Asli land rights.

“Part of the issue is based on the press statements made by the MB of Perak which seems to stem from his lack of understanding of the position of the law vis-a-vis indigenous land rights.”

The Sagong Tasi v Selangor government case, for example, saw the courts rule that the Orang Asli also have customary rights over their land even though states have ownership and jurisdiction of land.

Saha added that the menteri besar should broker remedial steps and alternatives to resolve the dispute between the loggers and the Orang Asli and to preserve the remaining forest.

As it is, the logging has caused food shortages and water supply problems for the villagers who rely on what the forest and rivers provide.

Legal action is the final recourse if Perak still refuses to act, Saha said.

“Should legal recourse by the Orang Asli of Kg Cunex become necessary and only remaining option, Peka will render them any assistance they may require to have their indigenous land rights protected and to halt excessive, non-sustainable exploitation of forests.”

The standoff between Orang Asli villagers and loggers has been going on since the beginning of the year. They have vowed to keep on re-erecting blockades.

On May 16, their blockade was dismantled with the support of the state government.

Faizal issued a statement on the same day, appearing to blame the Orang Asli for their predicament. 

The 26 families affected had moved out from a resettlement programme founded for them in early 2017 and “encroached” into the Air Cepam forest reserve belonging to the state, he said.

Their move took place after a misunderstanding with the chief of another village, Kg Sg Sarok, he added. – June 3, 2019.