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Friday, June 14, 2019

David and Goliath is a fable – in reality the big guy almost always wins



By now the news has broken of the 14 deaths of members of the Bateq community in Kampung Kuala Koh, Gua Musang. It remains to be seen what precisely is the cause of death, but nothing is going to change the fates of those who passed away.
And the pattern is a familiar one, I’m afraid.
It begins with some rumblings (nowadays first felt on Facebook, WhatsApp or a viral video) that there has been an illness or a group lost or a tragedy or a standoff.
Even then, because it’s a remote location and a marginalised group without vocal advocates, the issue is the sort that can be brushed aside, until the sheer numbers get too large to be ignored.
That’s why the horror that is the Wang Kelian migrant camps could happen. Just imagine, more than 100 people killed and discarded like vermin in mass graves in the jungle. They were human trafficking victims, migrants with little to no rights, no voice to be heard.
And that’s why too, the tragic and still unfolding tale of the Bateq villagers is in danger of being swept aside.
Between the furore over the unilateral appointment of human rights lawyer Latheefa Koya as MACC chief, and the vulture-like response to sex videos allegedly implicating the Economic Affairs Minister Azmin Ali (above), it’s easy to understand why the plight of a remote tribe has fallen quickly off the front page of the papers and the welcome pages of the news portals.
Except that it shouldn’t be the case.
That’s why, time and time again, I am forced to confront the reality that the myth of David versus Goliath is just that – a myth. The idea that a young shepherd with a catapult can topple a fearsome warrior giant is encouraging, but ultimately misleading.
In fact, a more appropriate legend might be that of Sisyphus, the mythical deposed king condemned to forever push a rock up a hill, never reaching the top. That seems like a more applicable example.
This uphill struggle to defend the rights of our society’s most vulnerable members feels like a never-ending one. Everywhere you turn there is a case of marginalised individuals or communities fighting long-standing battles against forces with far greater financial muscle and political influence.
Usually, they lose, and even if there is a victory, it can feel like a token gesture.
I hope the problems of the community in Kampung Kuala Koh are addressed. In fact, I have some degree of confidence that, in the short term, the situation will improve. But it didn’t even have to come to this.
When I spoke to experts Colin Nicholas (above) and Dr Steven Chow earlier this week, they were clear that the root cause of the declining living and health conditions of the community was the wanton destruction of their environment and the neglect they suffered.
"The problem is not medical, but a direct result of what happens when people’s rights to their customary lands are not recognised and that land is destroyed. Just seven to 10 years ago, if you visited them they were perfectly healthy and psychologically happy. But their land has been taken away, in this case by the Kelantan state government. And their resource base has been destroyed,” Nicholas said to me.
Chow was no less scathing, saying, “This is a community left behind, dying from neglect. After their land was taken away for plantations, these people were essentially left to fend on their own and were virtually cut off from the resources of the jungle which they had previously depended on for their survival."
Ultimately, the problem is that the needs and rights of the Davids are swept away in the face of the greed of the Goliaths. The truth is that the land occupied by Orang Asli is often fertile and potentially lucrative.
And state governments, large scale developers and royal institutions have so much power to simply displace these people or destroy their environment for profit.
Even with a change of federal government and promises of a new era of justice, it’s hard to operate against an entrenched power structure.
Just think of a few legal cases that have resurfaced this year - the long-running Temiar blockade in Kelantan, and lawsuits by estate workers in Padang Meha, Kedah, and the displaced Orang Laut Seletar community (below) in Stulang Laut, Johor.
In each case, it would appear that things are improving. The federal government is suingthe Kelantan state government for violating the land rights of the Temiar Orang Asli community in Pos Simpor, Gua Musang.
In the Padang Meha case, on April 4, the Court of Appeal awarded 120 former workers of the Padang Meha Hup Seng Estate the sum of RM3.3 million based on a settlement agreement dating back to 1995.
It was a joyous moment, and yet they had been denied justice for so long.
The same thing happened with the Stulang Laut case. The community were displaced in 1993 from land that is probably worth over RM100 million now. And yet, despite winning two court cases at the High Court and Court of Appeal, they were offered insulting compensation of only around a quarter of a million to be spread among 51 families.
Thankfully, after further successful action earlier this month, it appears that a settlement is on the cards, at least according to Johor’s menteri besar.
It just feels like the big guys have made their money and got away with a slap on the wrist, decades later. Mind you, this sort of case is rampant.
And it doesn’t stop at displacement and petty sums offered.
Once in a while, it results in death.

MARTIN VENGADESAN is a member of the Malaysiakini Team.  - mkini

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