(vi) The Rights of Indigenous Peoples
In 2017, the Commission received 42 complaints in relation to the rights of
indigenous people. The issue of native customary land rights continues to be
the main concern of the Orang Asli as the implementation of the National
Inquiry’s recommendations has not shown any significant result.
As reported the year before, the Commission has requested to meet
and discuss with the Kelantan state government on the Orang Asli’s land
issues following the blockade incidents in Gua Musang. The Commission
only received a reply letter dated 10 January from the Kelantan state
government in which the state government flagged that, inter alia, it does
not adopt wholly the Aboriginal Peoples Act 1954; does not recognise the
Orang Asli roaming areas; stresses the State’s authority in managing land
issues; emphasises on the role of JAKOA; and debunks the application of
the principle of free, prior and informed consent in regard to Orang Asli
Native Customary Rights land development. Instead, it informed that it has
its own procedures in consulting the Orang Asli, and it declined to meet the
Orang Asli groups for a discussion by shifting the responsibility to the Orang
Asli Development Department (JAKOA).
The state government also underscores that land titles and the National
Land Code should be the main documents in determining the status of any
land. The policy paper prepared by the state government further highlighted
that there appears to be some conflicting claims by Orang Asli on lands
which have already been gazetted as Malay Reserved land. It pointed out
that the Malay Reserve Enactment was enacted and enforced since 1930
whereas the Aboriginal Peoples Act came into effect only in 1954. Further,
the letter mentioned that the Orang Asli can file their claim/case in court
for a decision on the status of the land. The Kelantan state government
also requested the Commission to conduct a transparent and accurate
investigation into the issue based on the laws in force. The response was
ended by a recommendation to the Commission to discuss this matter with
JAKOA.
Taking the cue from the Kelantan state government’s recommendation, the
Commission met with the Director-General of JAKOA (DG) on 19 January
during which the DG admitted that the blockade issue in Gua Musang was
difficult to be resolved as both parties involved, the Orang Asli community
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