LAWYERS representing the Ulu Geruntum Orang Asli in Gopeng want the contractors on a mini-hydro project to stop all work on ancestral land until a court decides on the case.

Their suit to stop the project and seek recognition of Semai native customary land was filed before 14th general election in May 2018.

The case is set to be heard at Ipoh High Court next month.

Lawyer Vinu Kamalananthan told The Malaysian Insight a letter was issued yesterday to the lawyers representing the project’s contractors to request their clients cease all operations until the completion of the suit.

If the companies fail to adhere to the request, the Semai may seek interim relief pending the determination of the high court suit, he told The Malaysian Insight.

“We wrote to the lawyers for Perak Hydro and Conso Hydro to say that, as this matter has been scheduled for trial, their clients ought to cease all activities and encroachments on native customary lands and to leave the newly built huts alone, as the matter should be decided in the next few months.

“If they do not agree, then we may have to seek interim relief, which may include an injunction pending the full disposal of the high court suit.”

The Semai tribe in Ulu Geruntum had hoped that Perak, under a new government, would scrap mini-hydroelectric project mooted by the previous Barisan Nasional administration because they said it encroaches on their ancestral land.

The project involves building 31 mini-dams along three rivers, including Sg Kampar. The suit filed by the Semai is against the dams that affect their land.

Despite their demands, the Pakatan Harapan state government last year gave the green light for the project to resume on grounds that it was contractually obliged to do so.

“The aim of the suit is to get the disputed lands recognised and gazetted as native customary lands of the Semai people, and also to try and stop further development over the land, which would include the mini-hydro project,” Vinu said, adding Perak Hydro Renewable Energy Corporation and Conso Hydro RE Sdn Bhd had previously filed an application to strike out the suit but were unsuccessful.

Vinu’s legal partner, Conrad Lopez, said the Semai filed an application in June 2019 seeking to increase the size of the native customary lands from 1,011ha to about 3,000ha.

“This amendment to the size of the native customary lands claimed was ultimately allowed by the Ipoh High Court in January this year.

“This is to increase the size of what the Semai claim as their native customary lands. Evidence on this point would be led during the trial of the high court suit.”

The Semai have built huts on land that forms the subject matter of the dispute.

“Therefore, all activities and encroachments by the companies on native customary lands should cease until the determination of the suit.

“We hope that we do not have to resort to seeking an injunction as this would have the potential of delaying the trial,” Lopez added.

Semai villagers have been protesting against the mini-hydro project since 2012.

It started with a series of 25 mini-hydro projects across the state that BN approved in 2012.

Another six were approved a year later, bringing the total cost of all 31 dams to RM2.92 billion.

The villagers accused the concessionaire, Perak Hydro, of destroying their crops to build a road during construction and encroaching on their land.

Vinu also hoped the federal government can take up the Semai’s claims to their ancestral land as Putrajaya did for the Orang Asli in Gua Musang, Kelantan.

Last year in a landmark case, Putrajaya sued Kelantan for legal recognition of the native land rights of the Orang Asli community.

Attorney-General Tommy Thomas said the federal government decided to act against the PAS government to gain native land rights for the Temiar Orang Asli in Pos Simpor. – February 6, 2020.