Over 80 Orang Asli leaders gathered in Kuantan, Pahang on April 6, 2009 to discuss their struggles to preserve their ownership of their customary land.
A majority expressed that they have difficulties with encroachment of outsiders on their land. The outsiders tell the Orang Aslis that they have the permission to utilize the land and that the authorities have issued them with the permits for the use of the land. The Asli community who have lived all their lives on the land are told that the land is state land and that the Asli’s have no rights on it.
A deep sense of sadness and despair is being felt among them. At the same time they are angry with certain authorities who should be defending them but have failed to do so. Therefore the Asli community has now come to the realization that they must stand up and make their claim and defend their rights.
The one day programme was organized by the Foundation for Community Studies and Development with the support of Orang Asli community leaders in Pekan, Termeloh and Jerantut. The Foundation was represented by one of the members of the Board of Trustees, Datuk Dr Denison Jayasooria.
Awareness of Rights
The first paper was presented by Mr Hon Kai Peng, a lawyer from Kuantan who has been working over the past fifteen years. He provided an overview of the laws pertaining to the rights of the Orang Asli as found in the Federal Constitution, the Orang Asli Act 134 (1954) and made references to the UN Declaration on the Rights of Indigenous People. He also citied various court decision pertaining to the rights of the Orang Asli such as the Sagong Tasi case with specific reference to their land.
This was followed by presentations of local community groups and leaders in how they intervened in addressing land and related issues. Hashim from the Orang Asli Association Malaysia spoke of their experiences at Kg Gumum at Tasik Chini.
Others who shared their experiences were Ahmad bin Abu from Termeloh, Yusri from Kg Sg.Mai in Jerantut and Muhamad bin Kuan of Kg Pian
Community Empowerment
What emerged was a very clear but simple message namely that the Orang Asli must organize themselves and work together in addressing issues pertaining to their land and related matters concerning socio-economic development. In addition they should be alert with regards to their land and take immediate action if people come to survey the land or if a notice is placed. They must be in close touch with government officials and keep some of the NGOs working on this matter informed.
Documenting local history & evidence
In the afternoon session Dr Colin Nicholas illustrated on how the Orang Asli community must initiate a local participatory process in writing their village history, documenting the key events in their history as well as collect evidence of their stay such as records and correspondence. In addition, record of burial grounds, stories on the naming of hills, rivers and local legends are essential. Local history writing especially of the oral tradition is very important. Undertaking a local population survey and record including drawing a map of the location is very helpful.
In addition Dr Colin highlighted the need for local leaders to keep a diary of events, movement of people including those who tell them that they should shift or threaten them as these can serve as evidence later. In the case of threats it would be best to do a Police report as it will document the interference of outsiders.
Task Ahead
The follow up to the many thoughts shared and expressed is critical. This is where a network of the orang Asli leaders in addressing their land matters is most critical. There was a clear consensus that they all need to work together. It was recommended that lawyer Kai Ping’s firm will assist in all the immediate and pending land cases with the support of other lawyers.
On the matter of gathering evidence on land ownership and writing and documenting local history and demographic details, the Foundation for Community Studies & development would assist
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