CH A PT E R 2 The blockades in Gua Musang, Kelantan, highlight the Orang Asli struggle to defend their land rights. SUHAKAM visited the blockades in Kg. Kuala Wook, Kg. Pasik and Kg. Cawas in February. The community informed them that they resorted to setting up blockades as their last option, hoping the authorities would hear them out and find a solution to their problem. The Orang Asli community implied they were not challenging the powers of the authorities by setting up the blockades but they were merely expressing their dissatisfaction over the inaction of the state government in resolving their long overdue land issues and to save the forests from being destroyed by the logging, plantation and mining companies. It was reported by the Orang Asli in Gua Musang that the encroachment destroyed Orang Asli graveyards, polluted drinking water sources and destroyed forest resources. The blockades caused dissatisfaction among several parties, especially the private companies, and it was reported in the media in August 2017 and October 2018 that the blockades were destroyed several times by unidentified parties to gain access to the forest land. All this has resulted in some tension among them. During the year of review, SUHAKAM also visited several Orang Asli settlements in Perak, Pahang and Kelantan in order to obtain first-hand information, verify complaints received and to get replies from state agencies. 3. Engagement with state governments In 2018, SUHAKAM received 48 complaints on the alleged encroachment of Orang Asli land rights. Most of the complaints came from Orang Asli in Kelantan, Perak, Pahang, and Johor. Since land falls under the jurisdiction of the state government, SUHAKAM met several state agencies to discuss the land rights of Orang Asli. In Kelantan, SUHAKAM had discussions with the Department of Lands and Mines, Forestry Department and Department of Orang Asli Development (JAKOA) on 12 March 2018. This was a followup to the meeting with the Kelantan Chief Minister on 26 September 2017 and state agencies from 19 to 22 February 2018. According to Orang Asli representatives, apart from the non-friendly state government policies, another problem which has led to encroachment is the non-compliance with the principle of free, prior and informed consent. In most cases, the Orang Asli communities were not consulted prior to the issuance of a licence to private companies. Even if consent was given, it was obtained from the Tok Batin or head of the village who was appointed by JAKOA. The Orang Asli community disagree with this procedure, saying they feel the Tok Batin are forced to give consent because they have been appointed by the government agencies and they also fear to lose their headman’s allowance. SUHAKAM ANNUAL REPORT 2018 89