Harapan told to educate state leaders on commitment to Orang Asli rights

Even though the Pakatan Harapan election manifesto expressed support for the customary land rights of the Orang Asli, the coalition still needs to educate their state leaders on its implementation.

Former Suhakam commissioner Muhammad Sha’ani Abdullah said this in response to Perak Menteri Besar Ahmad Faizal Azumu, who noted that the state does not recognise the customary land (tanah adat) of any ethnic group, including the Orang Asli.

"Even though the party (Harapan) issued a manifesto, but the menteri besar of every state has their own understanding or position, which does not reflect the commitment made by the government, or the party, as per the customary rights of the Orang Asli.

"So the party (Harapan) has to take the initiative to educate their (state leaders) to… respect and honour the principles that all indigenous people have customary rights over the land where they reside," he told Malaysiakini today.

Sha'ani stressed that the Orang Asli’s right to customary land is already legally recognised in the Aboriginal Peoples Act 1954. The problem, he said, lies in the implementation.

He pointed out there are even landmark court rulings compelling the state to survey, demarcate and gazette lands belonging to the Orang Asli.

"The courts are one of the institutions that make case laws, as a menteri besar, he (Faizal) has to understand that.

"We seek the good office of the attorney-general, the prime minister and the menteri besar to understand the promises made under the party's manifesto and to take steps to implement those principles on the customary rights of the Orang Asli.

"(There is) no point in arguing that we do not have (customary land) and all that. Please refer to the Aboriginal Peoples Act," he said.

Suhakam report

Sha'ani served as a commissioner when Suhakam released its national inquiry report on indigenous land rights in 2013.

The report outlined 18 recommendations with regards to six main issues – the recognition of indigenous customary rights to land, remedy for land loss, addressing land development issues and imbalances, preventing future loss of native customary land of the indigenous peoples, handling land administration issues, and recognising land as central to indigenous peoples’ identity.

In its election manifesto, Harapan said it would work to implement the recommendations contained in Suhakam’s report.

They also said the report would be brought for parliamentary debate in the first year of their administration, although this did not materialise.

Sha’ani said he has not seen Harapan take any action on this election promise thus far.

“The party made a promise, recognising (customary land rights) and all that, but as a government, they have not yet to come out with tangible commitments to implement these recommendations, or even their manifesto.

“There is no point in everyone replying to (the report) without agreeing to implement the recommendations,” he added.

'They lied, they lied'

Protection of the Natural Heritage of Malaysia (Peka) president Shariffa Sabrina Syed Akil also slammed Faizal (photo) for saying that the Perak constitution does not recognise customary land.

“He shouldn’t even have uttered those words…because they (Orang Asli) have been staying here for a long time.

“He should go down to the ground and see with his own eyes,” she told Malaysiakini.

Shariffa also said Harapan lied about recognising the customary lands of the Orang Asli.

“They lied, they lied. (Harapan has done) nothing," she said.

"The Orang Asli have been sidelined. I would say worse than before.

“Recently in Perak, some of the Orang Asli were arrested and none of their politicians came down to help the Orang Asli. None." - Mkini