IN a landmark move, Putrajaya is suing a state government for legal recognition of the native land rights of the Orang Asli community.

In the suit filed today, the federal government is taking action against the PAS government of Kelantan to gain native land rights for the Temiar Orang Asli in Pos Simpor, said Attorney-General Tommy Thomas.

“Having researched the law, this chambers has filed a civil suit in the High Court at Kota Baru for the federal government of Malaysia,” he said in a statement today.

“The defendants are the state government of Kelantan, the Kelantan state director of Land and Mines, the Kelantan state director of the Forestry Department, and five private entities, seeking, inter alia, the legal recognition of the Temiar Orang Asli’s native land rights in Pos Simpor, and injunctions to restrain private parties from encroaching upon and destroying the native land for commercial profits.”

The Temiar community will not have to pay any of the legal costs, he said.

The federal government is suing on their behalf, he said, because the Prime Minister Dr Mahathir Mohamad and the cabinet were “moved by their plight.”

“… the prime minister and the cabinet resolved that legal proceedings be considered to reflect the federal government’s commitment to the Orang Asli.

“Additionally, this is honouring a promise in the Pakatan manifesto.”

About 200 Orang Asli from Gua Musang went to Putrajaya last August to seek the federal government’s help in removing loggers and planters from their ancestral land.

They met with Mahathir, who promised to resolve the problem.

Thomas today said the Kelantan government has jurisdiction over matters relating to land, forestry and mining, and was bound by a paramount and non-delegable duty to protect and preserve the welfare of the Temiar Orang Asli.

“The Orang Asli have a rich and ancient history. Since time immemorial, they have lived a peaceful and sustainable existence in the forests of Malaya.”

Their fundamental rights as Malaysian citizens had been neglected and infringed on for far too long, he said..

Kota Bharu MP Takiyuddin Hassan had previously said there was no provision requiring Kelantan to recognise Orang Asli ancestral land rights
 
The state government has however gazetted the “kawasan rayau” (foraging land) for the Orang Asli to farm, rear animals and other similar ventures, he said.

“The government will not give permission to companies to log in areas classified as ‘kawasan rayau’,” he added.

The plight of the Orang Asli in Gua Musang is well known, having made the news when the community set up blockades to stop loggers and plantation owners from entering their land, and when the state authorities moved to dismantle the blockades. – January 18, 2019.