What customary land rights did the Temiar tribe win in court?

Question

Accepted Answer

Temiar Tribe Secures Recognition of Customary Land Rights, Limited to Settlement Area

The Taiping High Court has recognised the customary community rights of the Orang Asli Temiar tribe from Kampung Tasik Asal Cunex to their land in Gerik. However, the ruling clarifies that these rights are limited to the specific area constituting their actual settlement, rather than encompassing all previously utilised lands for planting, foraging, or hunting. The court affirmed that state authorities have a duty to protect these established customary land rights.
Recognition of Customary Rights to Settlement Area

The High Court's judgement acknowledged the Temiar tribe's customary rights to the land based on their long-standing occupation. This recognition, however, was carefully delineated. The court specified that the claimable land must be precisely identified and confined to the territory that serves as their primary settlement. This means that while their historical use of surrounding areas for planting, foraging, and hunting is noted, legal recognition is tied to the core residential zone.
Duty of State Authorities to Protect Rights

Judicial Commissioner Noor Ruwena Nurdin highlighted the responsibility of the defendants—the Perak government, Hulu Perak district and land administrator, the state land and mines department director, and the state forestry department director—to safeguard the plaintiffs' customary land rights. The court referenced the Aboriginal Peoples Act 1954, which permits Orang Asli to reside on their land within a reservation, irrespective of other conflicting legislation. This implies a legitimate expectation for state agencies to respect the traditions and way of life of Orang Asli communities.
Limits on Claimed Land and Trespass Finding

In 2019, 127 individuals from Kampung Tasik Asal Cunex initiated legal action against four state agencies and Sediavisi Jaya Sdn Bhd, a logging company operating in the vicinity. The tribe alleged trespass on approximately 12,000 hectares and argued that state authorities failed in their duty to protect their interests. The company countered that the 80 hectares permitted for logging was not Orang Asli land, being under the forestry department's jurisdiction. Ultimately, the court determined that no trespass had occurred, as the logging sites were situated 8km from the tribe's settlement, despite acknowledging their customary rights to the broader area.
Non-Designation as Orang Asli Reserve and Logging

The court concluded that the state authorities did not breach their duties by not formally designating Kampung Asal Tasik Cunex as an Orang Asli reserve and by permitting logging activities to proceed. This decision was made despite the plaintiffs' argument that the state had a duty to protect their interests. The state authorities had previously allocated and gazetted land as an Orang Asli reserve at the RPS Dala settlement, which is located near where some of the plaintiffs had relocated.

Reading history

Hide →

This history is cleared when the page is closed.

What customary land rights did the Temiar tribe win in court?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends