KOTA KINABALU, June 22, 2015: In a parliamentary briefing
to 20 of parliament (MPs) at the Opposition Party Office (DAP) last week on 17
June 2015, the Jaringan Orang Asal SeMalaysia (JOAS) called for the
establishment of a Parliamentary Select Committee (PSC) as part of the
recommendations following the findings of the Task Force on the SUHAKAM
National Land Inquiry (NI) on the Land Rights of the Indigenous Peoples of
Malaysia.
JOAS delegates consisting of Orang Asal from Sabah,
Sarawak and Peninsular Malaysia,
presented updates from the findings of the SUHAKAM NI
report as well as on the issues
surrounding the development of mega dams.
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| Lasimbang (far right) briefing the DAP MPs |
“We strongly urge for the formation of a Parliamentary
Select Committee (PSC) to monitor the
research and drafting/amending relevant legislations and
work with the PBN/State Authorities
on the Prime Minister's commitment to resolve land
disputes.
"The PSC can also look into efforts establishing
redress mechanisms such as the Native Title Court or Land Tribunal, and also
examine the role of PEMANDU in developing indigenous territories,” explained
Jannie Lasimbang, JOAS Secretariat director.
Lasimbang added that the PSC should also look into the
drafting of a law and procedures on
obtaining the Free, Prior and Informed Consent (FPIC) of
the Orang Asal when their land is
involved in any development projects. The PSC can also
look into the establishment of the
National Commission on Indigenous Peoples.
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| Thomas Jalong, JOAS president |
“As a national network with experts working with
grassroots communities, most of whom are
Orang Asal themselves, we offer our commitment to work
with the PSC towards building a
nation that upholds its commitment to its indigenous
peoples,” Thomas Jalong, JOAS President
affirmed.
“While we welcome the Cabinet's decision to set up a
Cabinet Committee following its review
of the Task Force recommendations, JOAS and the MPs who
were present agreed that a
Cabinet Committee may not be transparent. Neither will
such committee involve experts and
indigenous peoples themselves,” Jalong reiterated.
Among other topics discussed at length, particularly with
MPs facing these issues in their
constituency included:
1. Research on Laws and Customary Tenure
JOAS is not satisfied with the timeline for the research
into these recommendations as the
issues need to be resolved urgently. Furthermore, there
are already many court judgements
and research done on this matter. The proposed PSC needs
to oversee and accelerate the
implementation of those recommendations. Orang Asal
representatives should be included in
the research.
2. The issue of Communal Titles.
JOAS does not support the concept of Geran Komunal
practiced in Sabah as it is not based on
Native Customary Rights claim.
Some MPs raised concerns that the Orang Asal would sell
their land should they be given land
titles. It was clarified that in the case of the Orang
Asli, the Orang Asli Reservation Act land is in
place to prevent such occurrences, or at least make it
difficult for Orang Asli Reserve land to be
converted and sold.
Lasimbang further added that from a Human Rights
perspective, Orang Asal should not be deprived of the right to decide what best
to do with their land. Many were misled by their own government-appointed Ketua
Kampung /JKKK, or forced to sell part of their land to support their children
to attend school, for medical expenses, or for other investments.
The government should therefore look into these needs and
issues of the communities if they want to stop further sale of land.
3. Review of Jabatan Kemajuan Orang Asli (JAKOA)
JOAS supports the recommendation by SUHAKAM for a
comprehensive review to be done on
JAKOA. Orang Asli representatives present, JOAS
vice-president Yusri Ahon and JOAS Women
Batin, Fatimah Bah Sin, both stressed that JAKOA has not been
serving in the interests of the
Orang Asli, and a comprehensive review on JAKOA should be
done instead of just doing an
administrative review of JAKOA as proposed by the Task
Force.
4. Absence of Free, Prior and Informed Consent (FPIC)
from Orang Asal in the development
Big or small, the development of dams ultimately
encroaches upon Orang Asal land. Social
factors are often not considered in the development of
mega projects. JOAS President Thomas
Jalong explained that mega-dams have been wrongly used as
a means to develop rural areas, to
give job opportunities or build PPRT houses. This
approach is insulting, as it shows that there is
no respect for the present way of life of the Orang Asal.
No Free Prior and Informed Consent (FPIC) process is done
for dams or other development
projects on Orang Asal land and as such, this process
must be required by law. Six
recommendations from the Task Force were related to
obtaining such process as indicated in its
support for the Human Rights Based Approach to
Development and requirement for Orang Asal
participation in decision-making.
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