'Putrajaya-state disconnect problem for Orang Asal'

A disconnect between Putrajaya and state policies throws up obstacles to Orang Asal's rights to forest and land management, a legal expert told a convention on Orang Asal rights yesterday.

Universiti Malaya's Centre for Legal Pluralism and Indigenous Law head Azmi Sharom (left) said matters concerning Orang Asal rights are handled by the federal government, whereas land and forestry matters are under state jurisdiction.

"The difference makes it hard to solve the issues faced by the indigenous people, especially when the two parties have different kinds of power," he said.

Azmi said this during Orang Asal Convention organised by Transparency International-Malaysia (TI-M) in Subang Jaya, Selangor.

TI-M had been spearheading a campaign to highlight the plight of Orang Asal residents in the Tasik Chini vicinity but their pleas, documented in the "Pekan memorandum", had been ignored by both Prime Minister Najib Abdul Razak and the Pahang state government.

The memorandum, supported by the Tasik Chini community, had urged the federal and state government to stop logging and mining activities in the area and that they be given permanent land titles.

According to TI-M, development in the area has resumed and Orang Asal folk were forbidden entryto the forest reserves and were told to accept the changes as they came.

'Tanah adat is different'

Another problem raised by Azmi was that the government agencies treat tanah adat (native customary land) in the same manner as ordinary land.

He explained that tanah adat is the lifeblood of the Orang Asal's economic, social, cultural and spiritual well-being, whereas ordinary untitled lands are open for the creation of other governmental interests.

Without being able to argue based on native customary land rights in court, tanah adat is susceptible to encroachment, he said.

In addition, he said the Orang Asal have a channel to complain through the government's environmental impact assessment (EIA), but often, they will hit a dead end.

"It is not recognised, or rather, not implemented properly (by the jurisdiction), so they think it can be brushed aside. What then is the point of rights?" he said.

Azmi said that the majority of Malaysians never learn of the plight of the Orang Asal.

He said that their lifestyle and history must be incorporated in the education curriculum.

Among others, Azmi said other methods required to document Orang Asal lifestyle includes film and music, which he said were effective learning tools.

"It is a sad fact that they've never been given the exposure they so badly need," he said.