Lessons from the Pos Tohoi tragedy

 

For eight long years, lawyer Siti Kasim and her team led a campaign for justice for the families of the seven Orang Asli children who went missing after they fled their boarding school in 2015.

Despite several setbacks, the government finally agreed to a settlement of RM1.4 million on July 24.

However, Malaysians would be appalled to read about the government’s blame game tactic. In its statement of defence, it placed the blame on the Orang Asli children for running away from school and not “notifying the teachers and warden”.

Did any of the government lawyers put themselves in the shoes of the children?

The seven didn’t just run away for the fun of it. They were genuinely petrified. The answer for their disappearance lies within the walls of the school hostel.

Stories of ill treatment of the Orang Asli children, and the deplorable neglect of the various Orang Asli communities, have been documented before.

Last week, Siti said on her Facebook page the decision to go on trial was made because the original amount offered by the government was miserly and an insult to the families.

Although they could have negotiated for a higher amount of compensation, the lawyers decided to spare the families further pain and more years of anguish by agreeing to the settlement.

Siti also uploaded lawyer Gurdial Singh’s statement to show the gravity of the situation. Gurdial represented two of the children. The legal team felt it important for the families to receive closure and move on with their lives.

In the incident on Aug 23, 2015, the seven Orang Asli children from Pos Tohoi, about 50km from Gua Musang, Kelantan, went missing from their school. There were six girls – Mirsudiar Aluj, 11; Norieen, 10; Ika Ayel, nine; Sasa Sobrie, eight; Linda Rosli, eight; and Juvina David, seven – and one boy, Haikal Yaacob, eight.

Pos Tohoi is only accessible by four-wheel-drive vehicles, and the Orang Asli children from small villages deep in the interior had little choice but to attend these boarding schools.

Their families pay a high price for the children’s education. Young children are separated from their parents and other family members.

After the seven fled the school, their parents were not informed until a few days later. A search-and-rescue mission was said to have been delayed because the authorities thought the parents were hiding the children. Some parents were reported to have received letters threatening the expulsion of their children if they did not return to school.

Seven weeks after the disappearance, two of the children were found close to death a few hundred yards from the hostel. Five had died from exposure and starvation.

Meanwhile, stories emerged of the ill treatment of the Orang Asli children. It was reported that their teachers had threatened to beat them for swimming in a nearby river at the weekend.

It was also alleged by the older pupils that children were often left unsupervised in class because some of the teachers had not bothered to turn up. Complaints from both the children and their parents, it seems, were not addressed by the education department.

Fast forward to July 2023, the government’s statement of defence against the six negligence suits showed their indulgence in the blame game.

The seven Orang Asli children were blamed for being negligent and that their own actions had put themselves in a situation which was fraught with danger, and which had contributed to their injury and death.

It said the children had violated the school rules by not informing the teachers and warden about running away from school.

There was no mention of absentee teachers or physical abuse. Were the headmaster and warden not aware of what was going on? Why could teachers not accompany the children for a swim at the weekend, especially if – as one would suspect – recreational activities at the school were limited?

Soon after the tragedy at Pos Tohoi, the parents of the affected community were invited for a dialogue with the education ministry and state officials. Asked about any follow-up action, government representatives refused to comment, but one official was reported as saying the children disappeared because it was “an act of God”.

There have been allegations that teachers are sent to rural schools because they have been guilty of gross misconduct. Is it possible that some of these teachers take their frustrations out on the children?

Nevertheless, eight years later, we do not know the remedial measures that have been taken to protect Orang Asli children. Has the education ministry learnt anything from this terrible tragedy? We do not want the children to have died in vain. No amount of money can replace the loss of a child. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.