Putrajaya sues Kelantan for violating the land rights of the Temiar Orang Asli community in Gua Musang…

Putrajaya is suing the Kelantan state government for violating the land rights of the Temiar Orang Asli community in Gua Musang.

The suit, which was filed at the High Court in Kota Bharu, also named the state director of the lands and mines department, state director of the forestry department and five private entities as defendants.

The Orang Asli at Gua Musang: Under Threat!

19 January 2019

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18 January 2019

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Putrajaya is suing the Kelantan state government for violating the land rights of the Temiar Orang Asli community in Gua Musang.

“For the first time since Merdeka, the federal government is instituting legal proceedings on behalf of the Orang Asli in recognition of the federal government’s constitutional and legal duty to protect and promote their wellbeing and advancement,” said attorney-general Tommy Thomas in a statement today.

Thomas said the Kelantan state government and its agencies had granted logging rights in Gua Musang to private companies without consulting the Temiar community or offering them compensation.

“Their actions have deprived the Temiar Orang Asli of their native land and resources, and have caused widespread erosion, pollution, and irreparable damage to the ecology and landscape of Pos Simpor (in Gua Musang),” he added.
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Thomas noted that although land, forestry and mining matters fell within the state government’s jurisdiction, it was also bound by a “paramount and non-delegable duty” to protect and preserve the welfare of the Temiar Orang Asli.

He said the federal government viewed the encroachments on those lands seriously.

“Commercial development and the pursuit of profit must not come at the expense of the Temiar and their inherent right, as citizens of this country, to the land and resources which they have traditionally owned and used,” he added.


Read more: The simmering disquiet in Gua Musang


The suit, which was filed at the High Court in Kota Bharu, also named the state director of the lands and mines department, state director of the forestry department and five private entities as defendants.
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It seeks legal recognition of the Temiars’ native land rights in Pos Simpor, and injunctions to prevent private entities from encroaching on and destroying native land for commercial profit.

Putrajaya would represent the Temiar for free.

Thomas said the decision to sue Kelantan was made after Prime Minister Dr Mahathir Mohamad and the cabinet were moved by the Temiar’s plight.

Last August, some 200 Orang Asli from the Temiar community in Gua Musang went to Putrajaya to seek the federal government’s help to ban loggers and plantation firms from their ancestral land.
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Several of their leaders met with Mahathir, who promised to resolve the problem but conceded that the PAS-controlled Kelantan government had the final say over land matters.

Meanwhile, Kota Bharu MP Takiyuddin Hassan had said Kelantan has no provision to recognise Orang Asli ancestral land.

“In Kelantan, there is no ancestral land for the Orang Asli, there has never been (a provision) in Kelantan’s land laws and it has never been gazetted.

“(However) the state government has gazetted the Orang Asli’s ‘kawasan rayau’ (foraging land) where they can farm, rear animals, and so on.

“The government will not give permission to companies for logging in areas classified as ‘kawasan rayau’,” he added.
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The Temiar have been fighting loggers for years, setting up blockades which would be demolished by state government officers or those working for private companies

Beside loggers, a more recent threat to their lands are durian plantations.

https://www.malaysiakini.com/news/460786

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https://weehingthong.org/2016/09/29/thugs-break-up-orang-asli-blockade/

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In PAS’s Kelantan: It looks like The Forestry Dept is the enemy of the Orang Asli!

BETRAYAL? By the very dept that is supposed to be on their side?

Is the Kelantan Department of Orang Asli Development (Jakoa) on the side of the Forestry Dept, too?

11 Feb 2017

14m14 minutes ago

JAKOA has not washed hands off Kelantan Orang Asli

KUALA PILAH: The Department of Orang Asli Development (JAKOA) has not washed its hands off issues involving the welfare of the orang asli community in Gua Musang, Kelantan.

Director-general Mohd Jamalludin Kasbi said the department always held talks with the Kelantan Forestry Department (JPNK) and the Gua Musang district police chief on ways to resolve those issues.

“JAKOA plays a role in looking after the welfare of the orang asli and we should be informed so that we can help … but we are not involved in the issue in Kelantan … sometimes they (the orang asli community) act on their own.

“The approach we use is to submit applications through the (proper) channels, according to the rules.

“As the department which has been empowered, we have rules and we also observe the rules of other departments and those of the state government. We cannot do things any way we want,” he told reporters here today.

6 Feb 2017

3h3 hours ago

Gua Musang blockade set ablaze and torn down by bulldozers

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Temiar Orang Asli versus Kelantan Govt at the Kota Bharu High Court.

In this first customary land rights case of customary law, the Temiar are arguing that their lands cannot be given away without compensation, if they have customary land rights.

They are represented by S. Yogeswaran.

30 May 2016

2h2 hours ago

Kes orang asli Temiar lawan k’jaan Kelantan didengar: Dua wakil daripada tujuh buah kampung di Pos Bel…

Temiar Orang Asli get day in court against Kelantan gov’t

Alyaa Azhar

Today marks the first day of hearing for the land rights case of the Temiar Orang Asli of Pos Belatim, Kelantan, against the state government and the director-general of the state’s land and mines.

This is after the Court of Appeal ordered a retrial of the case almost two years ago.

Today’s hearing saw two representatives from the seven villages of Pos Belatim – Angah Along from Kampung Chermal and Hassan Alang from Kampung Belatim – giving their evidence before the judge at the Kota Bharu High Court.

Lawyer S Yogeswaran, representing the Temiar, said three more witnesses from the applicants’ side will provide their evidence at the next hearings on August 15 and 16, as well as on August 24 and 25.

Three witnesses from the Kelantan state government are also expected to provide their evidence.

The Temiar had filed the application to court, stating that they have customary rights under customary law.

This is after the Perbadanan Pembangunan Ladang Rakyat Negeri Kelantan entered into an agreement with another party to develop the land, but the Temiar were not happy as the project had encroached on their lands.

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