Orang Asli dept, role, policies need overhaul

A comprehensive review would among others clarify whether Orang Asli land matters should remain within the purview of the department or go directly to communities themselves.

PETALING JAYA: The tabling of Suhakam’s Orang Asal Land National Inquiry Report in Parliament tomorrow will bring to fore a crucial need for a comprehensive review of the Orang Asli Development Department’s (JAKOA) role in protecting the overall welfare of the community especially in matters relating to land.

The report is seen as especially vital to the Orang Asli community in the Peninsular Malaysia because they fear that their land would be taken away from them after amendments are made to the 1954 Aboriginal People’s Act.

The amendments, being pushed by the Rural and Regional Development Ministry, is expected to take away up to 645,000 acres of land.

The bid by the Rural and Regional Development Ministry is based on recommendations by the Peninsular National Land Code Commission which also urged that Orang Asli customary land be recognised.

Orang Asli groups opposing amendments to the land laws want the government to implement all of the 18 recommendations listed in the Orang Asal Land National Inquiry Report which was completed in December last year.

“The comprehensive review should, among others, clarify whether Orang Asli land matters should remain within the purview of JAKOA or go directly to Orang Asli communities themselves,” noted the report.

The Suhakam report which includes Sabah and Sarawak also called for authorities to investigate land status based on documented and actual evidence particularly those in relation to encroachment by land developers.

In line with this the report has also called for the respective state governments to ensure the security of the land tenure and implement court decisions that has recognised indigenous rights to the land.

Sabah, Sarawak land rights

Suhakam also called for a review of the Sabah Land Ordinance and Sarawak Land Code to establish native customary rights to land.

It also called for the government to recognise non-recognised native customary land.

To address the losses of the indigenous people, the report recommended the establishment of Indigenous Land Tribunal or Commission that is made up of retired judges.

To handle claims over native land, it has recommended the formation of the Native Title Court.

In reviewing indigenous land schemes, the report called for a mechanism to ensure free flow of information on the projects to be in place.

It also called for a clause to ensure free, prior, informed consent (FPIC) clause on this matter to be included in all development agreements involving government agencies and private companies

As compensation, the report recommended that they are given alternative land of the same value or in monetary terms. In the latter instance the rate of land, crop, livelihood and the needs of the community during the transition must be taken into account in determining compensation.

The report also urged the government to review land development issues such as destruction of agricultural land which created a negative impact on the indigenous people.

Sustainable development

Suhakam also recommended that the government adopt a human rights based approach in development and the formation of a FPIC law.

The report also recommended that land development engage the indigenous community through effective participation in poverty eradication programme.

It also called for small scale development models and a policy that promotes sustainable development and indigenous people’s rights.

Apart from that, Suhakam recommended that universally accepted practices such as the UN Guiding Principles on Business and Human Rights Framework to be developed.

This would ensure private companies practice a rights-based approach when they obtain native land.

It also called for the recognition of indigenous land in protected area such as wildlife sanctuaries and called for native people to be included in forest management.

The full report can be read here: