Activists and lawyers today urged the immediate establishment of a royal commission of inquiry (RCI) into the demolition of Orang Asli homes in Pekan, Pahang, warning that a protest would be staged in Putrajaya otherwise.
Association for the Protection of the Natural Heritage of Malaysia (Peka) president Rajesh Nagarajan said an inquiry was necessary as the case involved the alleged seizure of Orang Asli customary land and the demolition of homes without due process.
He stressed that the inquiry under the Commissions of Enquiry Act 1950 must be instituted and led by Deputy Prime Minister Ahmad Zahid Hamidi, in his capacity as rural and regional development minister.
“This is a very serious matter, and the repercussions must also be serious. A commission of enquiry must be instituted on an urgent basis. And who must institute this? None other than Zahid himself.
“If a commission of enquiry is not instituted, that is on you, Zahid. You have failed to do your job. You have failed to protect the Orang Asli from the excesses of the Pahang state government,” he said at a joint press conference with Greenpeace held at the Lawyers for Liberty office today.
It should be noted that the power to institute an RCI under the Commissions of Enquiry Act is vested in the Yang di-Pertuan Agong, as stipulated under Section 2. In practice, this is usually done upon advice of the federal government.
Rajesh, who is legally representing the affected parties, also demanded that the deputy premier take responsibility and issue a statement.
If nothing is done, he cautioned that a large-scale demonstration involving Orang Asli communities nationwide would be held at Zahid’s office in Putrajaya.
“I've been informed that a huge number of Orang Asli will be coming to Putrajaya to protest. It’s because a lot of Orang Asli have been victimised by many state governments, not just Pahang,” the lawyer added.
Compensation, rebuild homes
Several other key demands were also reiterated, including fair compensation for families affected by the demolitions, the urgent rebuilding of destroyed homes, the immediate gazettement of Orang Asli customary land in Pekan, and a swift and transparent investigation into police reports lodged over the incident.
Last week, Malaysiakini reported the demolition of Orang Asli homes from the Jakun tribe in Pekan.
The demolition involved a plantation company that leased the land from Perbadanan Setiausaha Kerajaan Negeri Pahang - a state-owned corporation - for 30 years to establish an oil palm plantation.
Malaysiakini is withholding the plantation company’s name pending its response. Various attempts have been made to reach the firm, including visiting its registered address, but to no avail.
According to the Pahang Orang Asli Villages Network, a group of people, accompanied by police, arrived at the small village called Kampung Sungai Baru and began tearing down the houses.
Pekan district police chief Zaidi Zin has also disputed the locals’ claim to the land, stating instead that they had moved to the area during the Covid-19 pandemic.
‘Theft of Orang Asli land’
Rajesh, however, rebutted Zaidi’s claim, stating that the villagers had been living on the land “since time immemorial”, further alleging that the Pahang government had nonetheless leased the land to the company despite knowing it was occupied by the Orang Asli community.
“This is theft of the Orang Asli's land by the Pahang state government…. They (the Orang Asli) have a constitutional right to the land.
“Article 13 (of the Federal Constitution) makes it clear that the government cannot simply willy-nilly take away someone's land,” he stressed.
According to the lawyer, a total of 21 houses are located in the settlement, with seven structures demolished so far, including a “rumah adat” used as a community hall for gatherings, weddings, and funerals.
He added that while no human fatalities occurred, two dogs and four newborn kittens were found dead in the rubble of the ruined homes.
Sudden demolition
Village representative Zul Mamad claimed residents only learned about the operation after neighbours notified them while they were at work.
Zul said he rushed back to the village after receiving a call informing him that houses were being torn down.
“I asked (the contractors) not to demolish the house and asked where the notice was,” he said, adding that the contractors dismissed his request as the land belonged to one of the company’s shareholders.
Another villager, Yang Salim, said the incident had left her family displaced, forcing them to live in makeshift tents after their home was torn down.
“We had to make do. We set up a tent (for shelter),” Yang said.
Greenpeace spokesperson Heng Kiah Chun said the situation reflected clear injustice, adding that it was “ironic” that Orang Asli are recognised as bumiputera, yet are not being treated as such.
Heng added that the group is standing firm with the Orang Asli community in their plight.
“We will continue to provide solidarity and support to all these people to fight for environmental rights and environmental justice, and say no to bullying,” he said. - Mkini
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