Ramli: Amend Constitution on land code to help Orang Asli

 

The Orang Asli community in the country has gone through many ordeals fighting for their right to tanah adat (customary land) - from having stand-off after stand-off with logging companies and state governments, up to erecting barricades and even being handcuffed and thrown into police lock-ups.

Despite being the original settlers in Peninsular Malaysia, Orang Asli tribes across the states are facing the same problem - their customary land is not officially gazetted and they are always at the risk of getting evicted.

The power structures that affect the Orang Asli are many and can include royalty, land barons, miners, loggers, the state governments and the land or forest departments. Furthermore, the Orang Asli groups are usually small, divided and not so well-funded.

Is this a never-ending woe for them? Malaysiakini posed this question during a recent interview with Ramli Mohd Nor (above), the first Orang Asli parliamentarian in the country.

Ramli replied: "The issue of Orang Asli customary land is like a sickness. Many of us realise it is a problem, but how can we cure it?

"There are two things key to solving this problem - by amending the Federal Constitution and secondly, having the political will to do it.

"The latter is the powerhouse behind this solution."

Ramli became the first Orang Asli representative in the Dewan Rakyat in Malaysia's history after he won the Cameron Highlands by-election in 2019.

This special interview with Ramli was held in conjunction with World Indigenous Day 2022, which was celebrated around the globe yesterday.

Amend the Constitution

According to the Umno man, the main problems in the customary land issue stem from the Federal Constitution, which puts the responsibility of only Orang Asli welfare in the federal government's hands.

At the same time, the respective states, which control and own the land in their respective jurisdictions, are not given the responsibility to take care of the Orang Asli.

"The current scenario means that whenever the federal government wants to do something for the Orang Asli, and they need a land area to do it, then the federal government would gazette the land area for that purpose.

"However, the state can take the land back, anytime, because the land is theirs. They can even reject the federal government's proposal to use their land for Orang Asli, and the federal government can't do anything about it.

"But if we place the welfare of the Orang Asli under concurrent responsibilities, then both the federal and state governments can do what is necessary to solve this problem," Ramli said.

The parliamentarian was referring to the Ninth Schedule of the Federal Constitution, which includes "Orang Asli Welfare" as one of the responsibilities under the Federal List, the State List and Concurrent List but is silent about the community.

Ramli suggested that the Federal Constitution be amended to put the Orang Asli under the concurrent powers list.

If this is successful, he said, it would then pave the way to amending the National Land Code and the land code in each state to include a provision on tanah adat.

"Orang Asli customary land must be stated in the land code. Define under the code what constitutes tanah adat. And only after amending the National Land Code can we go to each state and ask them to change theirs too.

"As of today, there is no state in Malaysia that has Orang Asli customary land stipulated in its land code. This is why we have been having the tanah adat issue."

Political will

However, having listed the "remedies", Ramli admitted that it is an uphill battle for him to get it done at the Dewan Rakyat now.

For one, he pointed out that amending the Federal Constitution would require the bill to get the support of at least two-thirds of Dewan Rakyat members, which the current ruling party is short of.

Orang Asli issues also have to take the backseat as the community's small number seems to be less important, compared to other issues and bills that are also in the queue for tabling in Parliament.

"We have the remedy here. But, we need to have at least 148 MPs to support (the plan). I have tried to negotiate... I have met the prime minister, who is supportive, and I have also met other politicians, including those in the opposition.

"The opposition said that they have no issue against supporting this, the government also said ‘okay’. But what is the political priority now?

"There are so many other things, like the anti-party hopping law. Which one do you think is valued more - the Anti-Hopping Bill or the bill to help the Orang Asli? So, our bill has to take a backseat for now," he said.

Speaking further about the issue, Ramli said that he has also advised his community to change their mindset and learn about the survival of the other races in the country.

The MP said the Orang Asli also have to realise that they need to focus on education to develop.

While they continue fighting to get their right to customary land, the Orang Asli must realise that land is not going to grow while their community will continue to, over time.

"The Orang Asli community must think far ahead. Yes, we have the right to our land, but the land is not going to grow any bigger when our community is.

"Our communities have to develop themselves, by getting education, getting involved in businesses and such. Only then can we grow our assets."

- Mkini