the JHEOA is not a “public servant” but a “government servant”. And much
less so a servant of the Orang Asli.
At the SUHAKAM workshop on Orang Asli Rights held in December 2002, the
majority of the participants expressed dissatisfaction with the JHEOA. Some
strongly believed that the JHEOA was the main culprit for their deplorable
situation today, especially when it came to having their lands being taken
away. They also said that the JHEOA was also playing an important role in
urging the Orang Asli to convert to Islam by equating development with
conversion. Most of the Orang Asli also do not have any knowledge about
the funds allocated to the local government agencies for the Orang Asli.
The others know that there are certain allocations but they are in the dark
of the specifics.
Most of the Orang Asli questioned were also of the opinion that for any kind
of relations or dealings between the Orang Asli and the local government
agencies, the Orang Asli must do this via the JHEOA. This has been the
practice for a long time and those interviewed seem to believe that system
works this way. In some instances, this has caused problems for the Orang
Asli, especially when JHEOA officers are slow to act on their requests or use
administrative foot-dragging to sabotage Orang Asli interests in favour of
the government or private developer. The case of not gazetting Orang Asli
lands that have been approved for gazetting, even if such approvals were
given more than three decades ago, is a case in point.
2.3.4
The Response by the JHEOA
At the 2002 Suhakam workshop were representatives from various branches
of government, including those from the federal and state government
agencies. The Director-General of JHEOA also attended the workshop, and
made interventions frequently. Basically, the Director-General denied the
accuracy of most of the complaints and was very defensive of the activities
of the JHEOA. His responses, and some of the other civil servants, clearly
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ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS