The Malaysian Bar - 2011/2012 Committee on Orang Asli Rights Interim Report

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Committee On Orang Asli Rights

2011/2012 Committee on Orang Asli Rights Interim Report

Friday, 16 December 2011 09:52am

The Committee on Orang Asli Rights (“COAR”) continues to deal with the many pressing issues concerning the Orang Asli community, particularly as regards their customary lands. There has been a spike of these cases and we are seeing more and more Orang Asli litigants come forward looking for legal assistance.

During the period of 27 May to 21 Oct 2011, COAR met four times to discuss these matters and establish teams to advise and file claims in court. The scarcity of information and insufficient evidence are stumbling blocks that have to be overcome.

(1) International Day of the World’s Indigenous People 2011 — Celebration at Bar Council (13 Aug 2011)

The International Day of the World’s Indigenous People falls on 9 August each year. Its global theme for 2011 was “Indigenous Designs: Celebrating Stories and Culture, Crafting Our Own Future”. To commemorate the occasion this year, COAR organised a celebration dinner at the Bar Council Auditorium, on 13 Aug 2011 (Saturday). The event was attended by over 205 Orang Asli from Johore, Kelantan, Malacca, Negeri Sembilan, Pahang, Perak and Selangor, in addition to 30 Members of the Malaysian Bar, members of COAR and the Bar Council Human Rights Committee, invited guests and members of the press.

The evening was graced by several performances by the Orang Asli groups present and speeches by Dr Selva Vathany K Pillai, a medical doctor and health and human rights social activist; and Sokyen Man, founder and President of Jaringan Perpaduan Orang Asli.

(2) Visit to the Kaum Batek Community at Kuala Koh, Kelantan (24 Sept 2011)

On 24 Sept 2011 (Saturday), members of COAR embarked on a trip to visit the Kaum Batek community at Kuala Koh in Gua Musang, Kelantan. The objective of the trip was to create awareness of Orang Asli rights, connect with the villagers and gain a better understanding of the legal issues faced by them. The trip from Kuala Lumpur to Gua Musang took approximately five hours, followed by a further 40 minutes from Gua Musang to the interior of Kuala Koh.

The following were some of the matters that we observed and were told:

Poor living conditions, where the huts are small and without electricity and water supply. There were also several water tanks built within the vicinity, giving the impression that water supply was available, but a closer inspection revealed that the structures were incomplete and not connected to the buildings.
The community’s children do not attend school. They had either dropped out or had never been to school before because of the logistical difficulty to get to the nearest school and also because of claims of abuse and rape against the Orang Asli children, which were allegedly covered up by the school and the police.
Kaum Batek’s face problems with the issue of land encroachment by logging companies. Much of the forest area inhabited by the Kaum Batek had been encroached into and logged by logging companies, depleting the Kaum Batek’s natural resources and food supply. Amongst the potential problems that the Kaum Batek will face in the future include the lack of virgin forest to sustain their hunting-and-gathering way of life.

We explained about their rights to the Orang Asli and advised them to be brave and assertive. We also advised the community members to lodge a complaint with the Department of Orang Asli Affairs if they are unhappy with any issue. It was also pointed out that if the community wanted legal advice, it could approach the COAR, which would do what it could for them.

The COAR team and guests spent several hours mingling with the community, which provided an excellent opportunity to understand the Kaum Batek’s culture.

(3) Second Awareness Workshop

COAR has decided to hold another one-day awareness workshop for Members on 19 Nov 2011. The workshop is aimed at equipping Members with the fundamentals of the law and practice on native customary rights claims. The workshop also aims to encourage lawyers to represent the Orang Asli in court cases and to expose the injustices that have been perpetrated against them.

Ambiga Sreenevasan and Steven Thiru

Co-Chairpersons

Committee on Orang Asli Rights

Dated 25 Oct 2011

(1) Ambiga Sreenevasan (Co-Chairperson)

(2) Steven Thiru (Co-Chairperson)

Members:

(3) Alison Murugesu

(4) Andrew Khoo Chin Hock

(5) Cherian K C Kuruvila

(6) Colin Nicholas

(7) Elwan Fonso Itam Wali