2.1.5 Problems related to Natural Resource Rights The rights of the Orang Asli to the natural resources in their traditional territories have been clearly established in the three landmark court cases mentioned in Part 1. In instances where the state wants to apply these precedents, the extraction of such natural resources—especially timber— is given to so-called Orang Asli cooperatives or enterprises on the mistaken belief that they represent the Orang Asli community affected, or, sometimes knowingly, merely to comply with the letter of the law. However, more frequently this right is not recognised by those who seek to exploit those natural resources. Frequently also, they have state support in this. The Forest Department, for example, has a long track record of not recognising Orang Asli rights to their traditional forest resources, especially timber. Orang Asli have been arrested and placed in the lockup on at least two instances (in Buluh Nipis and Sungei Miak, Pahang) for stopping logging activities on their land. In Gedong, Perak, logging activities have been approved by the state and certified ‘sustainable’ by the Malaysian Timber Certification Council, despite environmental and forestry laws being flouted, and causing both loss of subsistence resources for the Orang Asli and increasing the danger of devastating and fatal mudslides again. In Ulu Sungkai, with a view to prevent such a tragedy happening, the Orang Asli have prevented the loggers from entering their area, which prompted the police to arrest three of their elders (on the lame claim by forest officers that they were threatened by the Orang Asli). In all these cases, the JHEOA gave their consent to the logging, and in some cases even chastised the Orang Asli for protesting and asserting their right to their natural resources. ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS 33