forest reserve’ in 1997, the Director-General explained that 1990 entry must
have been a “typo”! (The Star 7.6.1999).
2.1.3
Problems related to Compensation
Apart from having to deal with the problems associated with resettlement and
relocation, Orang Asli also have to contend with the issue of compensation
when they agree, either voluntarily or otherwise, to give up their traditional
territories for others.
In cases where the Orang Asli are recognised as the inhabitants of the land to
be acquired (i.e. where the area to be acquired is a gazetted Orang Asli reserve
or an Orang Asli inhabited area), compensation is invariably paid according to
the narrow interpretation of the Aboriginal Peoples Act. In practical terms,
this means compensation being paid for the loss of dwellings or crops
introduced onto the land by the Orang Asli concerned. Compensation is not
paid for the value of the land itself.
Also, whenever the valuation is done and reported back to the affected
Orang Asli, there is no indication of the basis of the valuation but just a gross
amount for the items concerned. Thus, for example, Orang Asli still do not
know how much a mature durian tree is valued at, compared to a young tree.
Or whether the basis for calculation is the potential loss of revenue from the
tree for the rest of its natural life span, or the cost of replacing the tree as a
seedling, or until it is the same age as the tree lost.
In some cases, the compensation awards are done without transparency
and with much suspicion as to the methods and favouritisms applied. In the
case of compensation for the Orang Asli of Kampung Gerachi and Kampung
Peretak (for the construction of the Sungei Selangor Dam in KKB), for
example, the compensation ranged from as low as RM8,000.00 to a high of
RM650,000.00. However, some who had many of their fruit trees destroyed
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ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS