Chapter 1 – Report of the Policy, Law and Complaints Group (g) Objection Against the Development of Ulu Telom Dam On 18 August 2014, the Commission received a complaint from Jawatankuasa Bertindak Pembangunan Tanah dan Wilayah Adat Kg Orang Asli Pos Lanai, Kuala Lipis, Pahang, outlining their objection against the development of the Ulu Telom Hydropower Project (Ulu Telom PHE). Consequently, the Commission sent a letter to Tenaga Nasional Berhad (TNB) to enquire on the following issues: (i) Rationale of the development of the Ulu Telom PHE which, it is claimed, will generate only 132MW of power; (ii) Consultation with the Pos Lanai Orang Asli community; (iii) Compensation to the affected community (in respect of resettlement, land, and native activities); (iv) Research by representatives from Universiti Teknologi Mara (UiTM) and Universiti Kebangsaan Malaysia (UKM), which was allegedly biased; and (v) Dissatisfaction with the appointment of an officer from the Department of Orang Asli Development (JAKOA) as the community representative. TNB suggested a meeting with the Commission to provide explanations on the project and the meeting, which was also attended by a representative from JAKOA, was held on 9 February. At the meeting, the Commission was informed of, among others, the following: (i) The project was undergoing the feasibility study phase and UiTM had been engaged to conduct the study; (ii) The project will be aborted if there is an objection from the affected community; (iii) TNB was not involved in resettling the Orang Asli to Pos Pantos as it was done prior to the approval of the project, and it was JAKOA’s plan to relocate the Orang Asli to a concentrated area to ease the provision of facilities to the Orang Asli; and (iv) A number of the Orang Asli were still going into their abandoned village to reap fruits from trees that they had planted. During the meeting, the Commission highlighted its stance on the rights of the Orang Asli as enunciated under Articles 1047 and 1148 of the United Nations Declaration on the Rights 47 Article 10 of UNDRIP: Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return. 48 Article 11 of UNDRIP: (1) Indigenous peoples have the right to practise and revitalize their cultural traditions and 97 BOOK-ANR2016-01-latest.indb 97 08/04/2016 3:32 PM