(vi) The Rights of Indigenous Peoples In 2017, the Commission received 42 complaints in relation to the rights of indigenous people. The issue of native customary land rights continues to be the main concern of the Orang Asli as the implementation of the National Inquiry’s recommendations has not shown any significant result. As reported the year before, the Commission has requested to meet and discuss with the Kelantan state government on the Orang Asli’s land issues following the blockade incidents in Gua Musang. The Commission only received a reply letter dated 10 January from the Kelantan state government in which the state government flagged that, inter alia, it does not adopt wholly the Aboriginal Peoples Act 1954; does not recognise the Orang Asli roaming areas; stresses the State’s authority in managing land issues; emphasises on the role of JAKOA; and debunks the application of the principle of free, prior and informed consent in regard to Orang Asli Native Customary Rights land development. Instead, it informed that it has its own procedures in consulting the Orang Asli, and it declined to meet the Orang Asli groups for a discussion by shifting the responsibility to the Orang Asli Development Department (JAKOA). The state government also underscores that land titles and the National Land Code should be the main documents in determining the status of any land. The policy paper prepared by the state government further highlighted that there appears to be some conflicting claims by Orang Asli on lands which have already been gazetted as Malay Reserved land. It pointed out that the Malay Reserve Enactment was enacted and enforced since 1930 whereas the Aboriginal Peoples Act came into effect only in 1954. Further, the letter mentioned that the Orang Asli can file their claim/case in court for a decision on the status of the land. The Kelantan state government also requested the Commission to conduct a transparent and accurate investigation into the issue based on the laws in force. The response was ended by a recommendation to the Commission to discuss this matter with JAKOA. Taking the cue from the Kelantan state government’s recommendation, the Commission met with the Director-General of JAKOA (DG) on 19 January during which the DG admitted that the blockade issue in Gua Musang was difficult to be resolved as both parties involved, the Orang Asli community 78 S UH A KA M A N N UA L R E P O R T 2 0 1 7

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