Kelantan constitution does not recognise Orang Asli land rights, say state leaders

Updated 7 years ago · Published on 19 Jan 2019 12:02PM · 5 Comments

Kelantan Deputy Menteri Besar Mohd Amar Abdullah says he has no knowledge on the suit filed by Putrajaya, and was waiting for feedback from state legal experts. – Kelantan state government pic, January 19, 2019.

THE Kelantan government does not recognise Orang Asli ancestral land rights as it is not provided for in the state constitution, said state leaders in response to Putrajaya’s legal suit against the state on behalf of Orang Asli.

They said Orang Asli do not own any land in the state, adding that what the Orang Asli owned is what the state has given them.

“As of now, the Orang Asli do now own land in Kelantan, except for what has been given to them by the state government,” Kelantan Deputy Menteri Besar Mohd Amar Abdullah has been reported as saying.

He said he had no knowledge about the suit filed by Putrajaya, and was waiting for feedback from state legal experts on the matter.

“But I want to say that land is a state matter,” he added.

Kota Baru MP and PAS lawyer Takiyuddin Hassan had 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.

Responding to the Putrajaya legal action, Takiyuddin was reported as saying that the suit was “strange”.

He said the state legal adviser was a federal officer, and that the suit has left that officer in a tight situation.

In a landmark move yesterday, Putrajaya filed a suit against the PAS government of Kelantan to gain native land rights for the Temiar Orang Asli in Pos Simpor.

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.

The federal government is seeking, among others, 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.

Attorney-General Tommy Thomas said the Temiar community will not have to pay any of the legal costs. 

The plight of the Orang Asli in Gua Musang 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 19, 2019.

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Comments

  • Wah what a bunch of daylight robbers !! Pas is really beyond description. They took the land that belonged to the orang asal and now say it belong to pas ? Terrible, now they steal the balak money because pas dont want to work....nonsense.

    Posted 7 years ago by Alphonz Jayaraman · Reply

  • Orang Asli are Bumiputera. How can state laws be above federal and constitutional laws? Kelantan is on a losing wicket in this matter and are showing themselves to be racist and discriminatory.

    Posted 7 years ago by Malaysia New hope · Reply

  • Go tell the orang asli in Cameron Highlands what the Deputy Kelantan menteri besar said. I am sure they will be very angry that he is implying that the orang asli have no rights and they are squatting on kelantan land at the mercy of the PAS government.

    Posted 7 years ago by Lily Cheong · Reply

  • Be fair.

    Posted 7 years ago by It's me GR · Reply

  • PAS what integrity you have to highlight on issues pertaining bro Palestine and Rohingya when you rob the daylight of our own native brothers ..shame on you blood suckers and hypocrites of the highest order

    Posted 7 years ago by Victor Rajamony · Reply