Outsiders barred: Orang Asli activists claim it's 'political', mull legal action

 

A group of Orang Asli activists is mulling taking legal action against the Orang Asli Development Department (Jakoa) after its Gua Musang office issued a directive banning the community there from receiving visitors without its permission.

Nasir Dollah (above), the deputy chairperson of Kelantan Orang Asli Villages Network (JKOAK) group, also questioned if the order had a political motive as it was issued when the country was going into its 15th general election.

Speaking to Malaysiakini, he said the ban can be detrimental to the community's welfare as it prevents any outsider, including non-government organisations (NGOs), from entering Orang Asli villages in Gua Musang without prior approval from Jakoa, the Forestry Department and the Gua Musang Land and Territory Office.

"What is their motive? Whose order was this? And why was the order made?

"If they haven't realised, we are nearing the monsoon season and if this ban is enforced, then it would prevent NGOs from delivering assistance to the Orang Asli, and as we know, the NGOs are usually the first to help our community whenever disaster such as floods happen.

"And since the 15th general election is around the corner, I believe this order was politically motivated. We totally disagree with this action," Nasir told Malaysiakini.

Yesterday, a copy of a directive from the Gua Musang Jakoa Office went viral, which contained an order to all Orang Asli village heads in the district to bar outsiders from entering their area without the prior approval of the three agencies.

The directive dated yesterday (Oct 19) stated that the decision was made during the Gua Musang District disaster management committee meeting on Oct 12.

Malaysiakini has reached Jakoa headquarters for comments on the matter.

Legality of instruction

Adding further, Nasir also questioned the legality of the instruction and cited the Federal Constitution, which gives freedom to every Malaysian citizen to associate and move around.

"We are mulling to take legal action because there was no discussion held with all stakeholders prior to this decision," he said.

Meanwhile, lawyer Rajesh Nagarajan, who has been actively representing the Orang Asli community in fighting for their right to customary land, said Jakoa has no business to prevent the Orang Asli from receiving visitors.

Rajesh said the order for visitors to obtain permission from three separate agencies was also illegal.

"This is a plainly illegal order. Jakoa is a body that is supposed to be for the welfare of the Orang Asli and has no business curtailing their rights to receive visitors.

"The purported requirement by Jakoa to obtain permission from three separate statutory bodies is not only burdensome but also plainly illegal as the Orang Asli are citizens of Malaysia and have the right to receive visitors as deemed fit by them," he told Malaysiakini.

Rajesh also cited the Federal Constitution, saying that the directive issued by the department was potentially unconstitutional.

"It is our legal opinion that Jakoa has acted beyond its statutory duties by acting against the Orang Asli’s interests.

"Jakoa must act in the Orang Asli’s interest and must ensure that the Orang Asli are consulted, and their consent obtained before making any ruling," he said. - Mkini