Jamaluddin, declared that it was “confident that it will be able to solve the
land woes of the Orang Asli within the next ten years” (The Star 25.3.1996).
The reality is that, today, only 0.5 per cent of Orang Asli land is currently
permanently titled.
The former Director-General had said that state governments had agreed
in principle to give land titles to Orang Asli, and that the JHEOA would
apply for the lands “on which others had no claim on, those earmarked for
cluster agriculture schemes, and those the under planned villages concept
approved by the state governments.”
The presumption here is that is not necessary that the titles will be given for
land that the Orang Asli are currently residing on, nor will it be anywhere near
the size of their traditional territories. This is the issue at stake. The Orang
Asli want the traditional territories in which they are residing to be either
gazetted as permanent reserves, or else that some form of permanent title
be issued to it. The state governments, however, see relocation to another
site as a precondition for the granting of land titles —in individual names,
not communally.
The policy of the JHEOA, we were told by Hj Ikram, was to give Orang
Asli land titles under the National Land Code “just like other individuals in
Malaysia”.
It should be noted that, although there are some Orang Asli who want
individual titles, there are also those who do not as this will undermine
their traditional rights to their communal territories. Also, with individual
land titles, individual lots would be fixed in size and number, and their total
area would invariably be smaller than what they are asserting traditional
rights over. The community will also face problems with fixed-sized lots as
it will not be able to cope with expanding households, in contrast to the
traditional land tenure system which had the advantage of a relatively large
traditional territory to fall back on.
ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS
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