Can Orang Asli remain on land not gazetted as reserves?

Question

Accepted Answer

Orang Asli May Remain on Land Within Reservations, Even If Not Officially Designated Orang Asli Reserves

The Taiping High Court has affirmed that the Orang Asli have the right to remain on land within a reservation, irrespective of whether it is officially designated as an Orang Asli reserve. This ruling, delivered in favour of the Temiar tribe from Kampung Asal Tasik Cunex in Gerik, clarifies that government agencies must recognise the Orang Asli's right to inhabit such areas, aligning with their customs and traditions. The court, however, specified that claims to land are limited to the actual settlement area, not all previously used territories for planting, foraging, or hunting.
Customary Land Rights Recognition

The High Court's decision acknowledges the customary community rights of the Orang Asli Temiar tribe to land in Gerik, based on their long-standing occupation. Judicial Commissioner Noor Ruwena Nurdin's judgment clarified that these rights pertain specifically to the area forming their actual settlement. This means that while the tribe has rights to their immediate living space, claims cannot extend to all territories previously utilised for activities such as planting, foraging, or hunting.
Legal Basis for Remaining on Land

The Aboriginal Peoples Act 1954 provides a legal framework enabling Orang Asli to remain on their land within a reservation, even if other legal provisions might suggest otherwise. Judicial Commissioner Noor Ruwena Nurdin highlighted this provision as a significant indicator for government agencies, signifying the Orang Asli's right to reside in these areas. This right exists even if the reservation has not been formally gazetted as an Orang Asli reserve.
State's Duty to Orang Asli

Orang Asli residing in reservations hold a legitimate expectation that the state and its agencies will recognise and respect their way of life, customs, and traditions. While the court found no breach of duty by state authorities in a specific case concerning logging sites 8km away from the settlement, it affirmed the general principle of respecting the Orang Asli's established way of life within their areas of habitation. The court also noted that the state had previously gazetted land as an Orang Asli reserve at the RPS Dala settlement.

Reading history

Hide →

This history is cleared when the page is closed.

Can Orang Asli remain on land not gazetted as reserves?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends