Article contributed by Parvinder Kaur Harbindar Singh, Officer, Committee on Orang Asli Rights, and photos by Md Faizal Mahat. Senior Administrative Assistant, Bar Council
On 10 Dec 2014, the Bar Council Committee on Orang Asli Rights (“COAR”) and Human Rights Committee (“HRC”) organised a forum and cultural performance to highlight the human rights challenges faced by Malaysia’s indigenous communities, with particular focus on their customary lands, territories and resources. The one–day event was held at the Raja Aziz Addruse Auditorium in conjunction with Human Rights Week that ran from 8 to 12 Dec 2014.
The theme for Human Rights Week 2014 was “Harmony in Diversity”, which was supplemented by the United Nations (“UN”) Twitter hashtag #rights365, advocates every day as a human rights day. The aim of the forum was to increase awareness of critical issues that continue to threaten the livelihoods, cultures and identities of the Orang Asli, natives of Sabah and natives of Sarawak.
Yogeswaran Subramaniam, COAR Chairperson, kick–started the event at 9:15 am by delivering the opening address. The forum featured the following speakers:
(1) Bah Tony Amani Williams Hunt, Member, COAR;
(2) Shafie Dris, Orang Asli Representative, Semenanjung Malaysia;
(3) Yusri Ahon, Orang Asli Representative, Semenanjung Malaysia;
(4) Spencer Klumai, Coordinator for Archdiocesan Bahasa Malaysia Apostolate (“AMBA”) Archdiocese of Kuala Lumpur;
(5) Nasiri Sabiah, Orang Asal Representative, Sabah;
(6) Rajkumar s/o Mathusuthanan, Member, COAR;
(7) Jerald Joseph, Member, COAR;
(8) Siti Zabedah bt Kasim, Member, COAR
(9) Andrew Khoo Chin Hock, Co–Chairperson, HRC; Member, COAR; and
(10) Michelle Gyles–McDonnough, UN Resident Coordinator for Malaysia; UN Development Programme Resident Representative for Malaysia, Singapore and Brunei Darussalam.
All 10 speakers expressed a common concern on the protection of indigenous peoples’ rights, particularly in respect of rights to their territories and ancestral lands which are often usurped, invaded and occupied by outside parties such as housing developers, rubber or oil palm plantations and the state government without their consent or knowledge. Yogeswaran, in his opening speech, said that more often than not, the voices of indigenous peoples are neglected by those supposedly responsible for the protection of the rights of the indigenous peoples.
The highlight of the forum were video presentations and the sharing of experiences by indigenous representatives and their lawyers on the tribulations faced by indigenous communities in protecting and asserting autonomy over their customary and ancestral lands, territories and resources.
The first video presentation, entitled “Bertindih”, showcased the struggle of Orang Asli in Peninsular Malaysia. It was evident that despite the provisions provided in the Federal Constitution and Aboriginal Peoples Act 1954 for the protection, well–being and advancement of Orang Asli, complaints of encroachment of Orang Asli customary lands continued to be a norm.
The second video presentation, entitled “Sunset over Selungo”, won the jury award at the Kuala Lumpur Eco Film Festival 2014, and is a true story on freedom and belonging. The video gave an intimate insight into the unique way of life led by the Penan tribe in the rainforests of Sarawak. Since the 1960s, nearly 90% of the rainforest inhabited and occupied by the Penan has been adversely affected by logging activities. This presentation provided a living example of the hardship faced by indigenous communities in Malaysia, who are constantly under the threat of losing their homes, livelihoods, cultures and identities. This video can be viewed at www.selungo.com/the–film.
The forum was sponsored by the UN Development Programme (“UNDP”). The guest of honour, Michelle Gyles–McDonnough, the UN Resident Coordinator for Malaysia, was of the view that the indigenous peoples of Malaysia have not sufficiently enjoyed the fruits of development in Malaysia and that there remained challenges in realising indigenous rights in Malaysia. She also assured participants that the UNDP would continue to advocate the rights of indigenous peoples in Malaysia. Michelle also highlighted the Malaysia Human Development Report 2013, which reported, among other things, that traditional Orang Asli lands and territories were being jeopardised by three main administrative shortcomings: under–gazetting (the full extent of customary land is not taken into account); non–gazetting (lands not gazetted due to administrative shortcomings, often in surveyed mapping); and de–gazetting (where land reverts to the state or is given to another entity).
In conclusion, the forum was a resounding success with over 90% of indigenous people participants. The forum also achieved its objective of highlighting and discussing specific issues regarding domestic indigenous rights.