Suhakam lauds federal govt's move to sue Kelantan over orang asli rights

KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) has welcomed the federal government's move to take legal action against the Kelantan state government to protect the rights of the orang asli.

It said that it was concerned over state-sanctioned encroachment of traditional orang asli land in Gua Musang, Kelantan as well as in other states.

"The actions of the Kelantan state government and its agencies clearly illustrate the systemic mistreatment of our nation's indigenous peoples and its lack of respect for their rights.

"Suhakam is therefore pleased to note that the Federal Government has filed a suit at the High Court in Kota Baru. It is the first time in Malaysian history that the government is interceding on behalf of the orang asli, an action which is long overdue," said Suhakam chairman Tan Sri Razali Ismail in a statement on Saturday (Jan 19).

Despite the fact that land may be a state matter, the federal government has a duty to uphold the rights of orang asli who are citizens of Malaysia, he said, adding that it was unethical and unreasonable for either the federal or state government to restrict their duties, especially on their rights.

"Suhakam believes that, should a breach in the duty of consultation occur, the approvals or permits of those logging companies involved should be revoked," he said.

Razali said Suhakam hoped this would set a precedent for states to uphold orang asli's rights in future.

"We believe that the state government can find ways to resolve the matter quickly, even now, and need not wait for the outcome of this court case in finding ways to give orang asli their long overdue land rights," he added.

He said Suhakam would hold a watching brief on the case to monitor its development.

Attorney General Tommy Thomas said on Friday (Jan 18) that the federal government was instituting legal proceedings on behalf of the orang asli in recognition of its constitutional and legal duty to protect and promote the well-being and advancement of the orang asli.

“Having researched the law, this Chambers has filed a civil suit in the High Court at Kota Baru for the federal government of Malaysia.

“The defendants are the state government of Kelantan, the Kelantan state director of Lands and Mines, the Kelantan state director of the Forestry Department, and five private entities, seeking, inter alia, the legal recognition of the Temiar orang asli’s native land rights in Pos Simpor, and injunctions to restrain private parties from encroaching upon and destroying the native land for commercial profits,” he said in a statement.