sources indicate that some 29,144.18 hectares of aboriginal lands in 2002 have been approved, but are yet to be gazetted. In respect of these lands therefore, Orang Asli have some measure of statutory protection from encroachment and displacement by many other interests. Ruled: Orang Asli have proprietary interest on the land (Adong bin Kuwau & Ors v State Government of Johor) In 1997, the Johor High Court awarded compensation to 52 Jakuns for the loss of 53,273 acres of ancestral lands. The state government had taken the forested land and leased it to the Public Utilities Board of Singapore who subsequently constructed a dam to supply water to both Johor and Singapore. Justice Mokhtar concluded that the Jakuns had proprietary rights over their lands, but no alienable interest in the land itself. That is to say, while the Jakuns may not hold title to their traditional lands, they nevertheless have the right to use it for their subsistence and other needs. In this instance, the court ruled that while certain lands are reserved for aboriginal peoples, they also have recognized rights to hunt and gather over additional lands—the “right to continue to live on their lands, as their forefathers had lived.” Such proprietary rights were protected by Article 13 of the Federal Constitution, which required the payment of “adequate compensation” for any taking of property. In accordance with this, the Jakuns were awarded a sum of RM26.5 million for their loss of income for the next 25 years. (With interest accrued, the final payment was close to RM38 million.) This judgment was upheld by the Court of Appeal in 1998, with no leave being granted for appeal to the Federal Court. 8 ORANG ASLI – RIGHTS, PROBLEMS & SOLUTIONS