What Orang Asli rights were violated by the destruction of ancestral graves?

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Orang Asli Native Proprietary Rights Were Infringed by Grave Desecration

The Federal Court has ruled that the destruction and desecration of ancestral graves by Agrobest (M) Sdn Bhd constituted an infringement of the Orang Asli villagers' native proprietary rights. This ruling affirmed the villagers' entitlement to compensation for the damages incurred.
Violation of Native Proprietary Rights

The court determined that the destruction and desecration of the ancestral graves directly infringed upon the native proprietary rights of the Orang Asli villagers. This finding was based on the High Court's assessment of evidence, which established the villagers' connection to the grave sites and tombstones. The destruction of these sacred sites was deemed a violation of their customary rights to use and enjoy their ancestral lands.
Right to Use and Enjoy Ancestral Lands

Orang Asli communities possess the inherent right to use and enjoy their ancestral lands, a right that can only be lawfully extinguished through compensation under the Land Acquisition Act 1960. In this case, the villagers were directed to vacate their land for a prawn farming development without receiving any compensation. Despite being relocated, they continued to return annually to perform customary rituals at their ancestors' graves, underscoring their continued connection and rights to the land.
Entitlement to Compensation for Damages

Following the court's determination that their native proprietary rights were infringed, the seven Orang Asli villagers have been awarded RM20,000 each in general damages. This compensation acknowledges the loss suffered due to the damage to their burial sites. The Federal Court's decision overturned a previous Court of Appeal ruling that had favoured the company, reinstating the High Court's original decision that recognised the villagers' claims.

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What Orang Asli rights were violated by the destruction of ancestral graves?

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