Forestry Dept breaking law by dismantling blockade

A lawyer has denounced what he claims to be the Kelantan Forestry Department’s selective use of the law.

The stand of the Bar Council’s Human Rights Committee co-chairperson Andrew Khoo came in response to a magistrate court decision quashing a logging company's bid to dismantle the Orang Asli blockade at Pos Balar in Gua Musang.

Lawyer Siti Kasim, who represented the Orang Asli community, said that the court agreed that the Orang Asli were the rightful occupiers - that they were in control of the area.

The Forestry Department, confirming that it had removed blockades set by the Orang Asli community in Gua Musang, however reiterated that the blockades were illegally erected as they were not on Orang Asli village land, but in the forest reserve that it administered.

However, Khoo said it appeared that state officials were disregarding the law (court's ruling) on one hand and applying it on the other.

State officials, he believed, should have intervened in the matter if they disagreed with the court's finding that the land belonged to the Temiar.

“Perhaps they should have been asked to be included in the action launched by the logging company,” said Khoo (photo).

“Instead, they appear to have sat on the sidelines to await the outcome of the action by the company, and then when the decision did not favour the company, they launched their separate action.”

And the action, noted Khoo, had ignored the principle that native customary land rights could co-exist with state reserve land.

“If the state officials truly had the best interests of the Temiar as their priority, they would have sought a legal clarification of the status of the land in question, rather than simply barge in and dismantle the barricades.”

Khoo said dismantling the barricades had unnecessarily aggravated and escalated feelings of tension and ill-will and was “definitely unhelpful to a just and amicable resolution of the issue”.

Meanwhile, chairperson of the Bar Council’s Environment and Climate Change Committee Roger Chan said the Forestry Department could have breached the law by dismantling the blockades.

With the apparent dispute between the Orang Asli and the department - with the former claiming it was ancestral land and the latter claiming it is entitled to it - Chan said the matter should have been referred to an adjudicating body.

“But in this case, it is taking the law into your own hands if you dismantle somebody's blockade.

“We have a dispute, it’s civilised for society to come to terms by using adjudicating mechanisms, such as the courts, but not using force,” stressed Chan.

And should an adjudicating body, such as the court, find in favour of the Orang Asli, and which by then the latter’s properties around the blockades have been destroyed, Chan wanted to know who would compensate the Orang Asli.

Supposed to take care of the forest

Chan also reminded the department that the Forestry Act was about conservation of the forest and not about destroying property.

“You (the department) are supposed to take care of the forest and to conserve it. You are supposed to preserve the way of life (of the Orang Asli),” stressed Chan.

“The Orang Asli’s properties are more attuned to nature, everything is from nature and goes back to nature.”

Officials from the department had also crossed over boundaries when they arrested the Orang Asli and the media personnel at the blockades, added Chan.

This, he said, was because the department was supposed to look out for forest offences.

“Their power of arrest is very limited, compared with that of the police, they are usurping the powers of the police.”

Chan then told the Forestry Department that there were certain steps that needed to be taken when dealing with the Orang Asli, especially since they were recognised under the United Nations Convention for being a disadvantaged and marginalised group.

“They cannot be treated like ordinary citizens, they have to be given preference. When you chase them out, where are they supposed to live?

“There needs to be some kind of mechanism to solve this,” he said, urging the department to be transparent.

“You said you have been very patient - you have to disclose what kind of patient steps you have taken, whether you have observed the UN convention for aboriginals - you have to tell the public you have complied with this,” Chan said, addressing the Forestry Department.

Sixteen Orang Asli and two media personnel from Channel News Asia were arrested in yesterday's operation and another five were arrested in a similar operation at Simpang Petei, also yesterday.

The latest crackdown to remove the reassembled blockades came two months after 52 Orang Asli from the area were arrested when authorities moved in to dismantle the structures.- Mkini