By Amani Williams-Hunt (Bah Tony)
On 27th November, 2010 the Perak LAC together with Ipoh City Watch (ICW) conducted its law awareness program on the rights of the Orang Asli at the remote Kampong Dayok in Pahang. This program was conducted at the invitation of the people there and those of the surrounding villages when a few of the people had previously attended a similar program in Sungai Koyan held some 5 weeks before.
Our first attempt to conduct this program here was undertaken some 3 weeks before. However despite having travel more than 2 hours deep into the jungle to meet the people, we were forced to cancel the journey halfway as every attempt made by our competent 4WD driver (courtesy of well wishers), was met with logging road condition that was impassable. Some parts of the road had caved in due to landslide while other parts with its treacherous muddy condition made the journey extremely dangerous.
Personal safety and prudence necessitated the cancellation of the journey. Needless to say that not only we were disappointed but some 400 people gathered and waiting for us for more than 3 hours in this remote region were dejected.
We assured the headmen that we will return soon thus the successful visit on this second attempt.
Kampong Dayok is situated on the eastern flanks of the main Range in the upper reaches of the Jelai River valley. Accessibility to the village is through some 25 km logging road which starts at Kampung Betau, near Kuala Koyan. The Orang Asli in the area are from the Semai tribe.
The talk dealt mainly on the issue of Orang Asli land rights, given that it is currently a crucial issue faced by the community. Accordingly, we spoke about the said rights as contained in the Aboriginal Peoples Act (Act 134) and also what the courts have decided. We informed the audience, which numbered some 150 people, that under Act 134 the title that Orang Asli can have to their land is only as tenant at will. We pointed out that, nevertheless, Orang Asli do have common law rights to their land, including proprietary rights, as decided by the courts. We also touched on the new land policy for Orang Asli which was approved by the government in 2009.
Apart from land, we also talked about the UN Declaration on the Rights of Indigenous Peoples. We told the audience that Malaysia had supported the adoption of the Declaration and for this reason, the government should see to it that the provisions are implemented. We particularly stressed on the article pertaining to `First Prior Informed Consent’ and advised the Orang Asli to insist on the compliance of this provision before the government implements any policy, law or project for their community.
Before ending the talk, we spoke briefly on Orang Asli voting right, telling the audience that Orang Asli too, have the right to vote just like the other Malaysians. We told them that whom they decide to vote is their personal choice. No one should force them to vote for anyone or to vote on their behalf.
The talk was followed by a Q & A session. Not many questions however were asked, rather the audience regarded the session as an opportunity to voice out their grievances. They complained that logging in the area had destroyed their resources and hunting grounds and polluted their rivers, killing most of the fish. No compensation has been paid to them in spite of being promised. They lamented about the lack of economic development projects and infrastructural facilities in their villages and also of the access road to the area, which normally gets very bad during the rainy seasons. They were also not happy with the intention of the authorities to impose tariff on their water supply as they found it hard to rationalize the need to do so when the water is actually sourced from nearby streams which run through their ancestral domains.
The people who spoke also commented on the Orang Asli land policy. They said that the policy is not welcomed as it will bring a lot of negative impact on their community. To them, individualizing their land ownership will cause disruption of their customary arrangements of land ownership and usage, consequently disintegrating their communal lifestyles and cultural integrity. Instead, they prefer that the government protect their land through gazetting as Orang Asli reserve and have asked that the government do that urgently so as to ensure there is no encroachment of their land.
