What duty do state authorities have towards Orang Asli land rights?

Question

Accepted Answer

State Authorities Have a Duty to Protect Orang Asli Customary Land Rights

The Taiping High Court has affirmed that state authorities hold a duty to protect the customary land rights of the Orang Asli. However, the extent of these rights is specifically limited to the actual settlement areas, not encompassing broader ancestral lands used for traditional activities such as planting, foraging, or hunting. This ruling acknowledges the long-standing occupation of land by Orang Asli communities while setting clear boundaries for their recognized land claims.
Recognition of Customary Community Rights to Land

The High Court in Taiping ruled in favour of the Orang Asli Temiar tribe from Kampung Tasik Asal Cunex, acknowledging their customary community rights to land in Gerik. Judicial Commissioner Noor Ruwena Nurdin specified that the claimable land must be precisely delineated and confined to the area constituting their actual settlement. This means that while the tribe's historical use of land for planting, foraging, or hunting is recognized as indicative of their customary rights, it does not automatically translate into legal entitlement over all such areas.
Legal Framework and Legitimate Expectations

The Aboriginal Peoples Act 1954 provides a legal basis for Orang Asli to remain on their land within a reservation, even when other legislation might suggest otherwise. The court highlighted that Orang Asli residing in reserves possess a legitimate expectation that the state and its associated agencies will acknowledge and respect their unique way of life, customs, and traditions. This expectation forms a crucial element in the judicial understanding of the state's obligations towards these communities.
Limits on Trespass Claims and State Duties

In a specific case involving Kampung Tasik Asal Cunex, where 127 individuals sued state authorities and a logging company, the court found that while the plaintiffs held customary rights, no trespass had occurred. This was because the logging sites were situated 8km away from the settlement. The court concluded that the state authorities did not breach their duties by not officially designating the area as an Orang Asli reserve or by permitting logging activities to proceed in areas outside the immediate settlement.
Appeals Filed by State Authorities

Following the High Court's decision, the state authorities, with the exception of the company Sediavisi Jaya Sdn Bhd, have lodged appeals to the Court of Appeal. This signifies a continuation of the legal process concerning the interpretation and application of Orang Asli land rights and the responsibilities of government bodies in managing these claims. The appeals will further scrutinize the court's findings on the scope of customary rights and the duties owed by the state.

Reading history

Hide →

This history is cleared when the page is closed.

What duty do state authorities have towards Orang Asli land rights?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends