There is legal precedent in Perak to recognise Orang Asli land - COAC

Centre for Orang Asli Concerns (COAC) coordinator Colin Nicholas (photo, above) has reminded Perak Menteri Besar Ahmad Faizal Azumu that there is a legal precedent to recognise Orang Asli’s customary land in the state.

His was responding to Ahmad Faizal, who said yesterday that Perak does not recognise any customary land (tanah adat) for any ethnic group under the state constitution, including that of Orang Asli.

“This guy is a nincompoop.

“There are many court cases recognising Orang Asli land rights but there is one specifically in Perak. This was ruled in 2015,” Nicholas told Malaysiakini.

Nicholas was referring to the 2015 court case involving the Orang Asli of Kampung Kuala Senta in Bidor, Perak.

He explained that the land title for part of the Orang Asli land in that area, which was not gazetted, had been given to a company that proceeded to evict the Orang Asli.

The Orang Asli had fought back in court, and in October 2015 the Ipoh High Court ruled that the parcel of land spanning 2209.5 hectares rightfully belonged to the Orang Asli.

“The government was wrong to give land to that company, and the (court) order was to cancel the land title and give it back to the Orang Asli and gazette the land as an Orang Asli reserve.

“That was in 2015, and until now the state government has not acted on the ruling.

“That’s maybe why the menteri besar is so ignorant of the law. He has to follow the law. It is about time he understands and follows the law, even in his own state,” Nicholas said.

Perhaps, he suggested, Ahmad Faizal was being advised on these matters by people with ulterior motives or ignorant of the law.

Nicholas also expressed his disappointment that the Perak excos from other parties in Pakatan Harapan, such as PKR and DAP, have not spoken up against Ahmad Faizal’s remark on customary land.

“I cannot understand why the PKR and DAP excos are keeping quiet on all this.

“Surely they do not support what the menteri besar is saying and doing?” he said.

As part of its election manifesto, Harapan had promised to work to implement proposals from the national inquiry report on indigenous land rights prepared by the National Human Rights Commission (Suhakam) in 2013.

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

Suhakam’s 2013 report on indigenous land rights outlined 18 recommendations with regards to six main issues.

The six issues highlighted in the report were 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. - Mkini