For the first time, on April 12, 2002, the Shah Alam High Court has ruled in favor of Malaysia’s Orang Asli indigenous people. In this case, seven Orang Asli individuals sued the Federal and State Governments, United Engineers and the Malaysian Highway Authority for the loss of their land obtained in 1996 for the construction of the KL-Nilai Highway. High Court Judge Mohamad Nor Ahmad said that “We have now something before us that is an issue that we have lagged behind in [judicially]. Either we use blinkers or we be consistent with the international practises today. We cannot be praised for progressing with the time if our laws are not accepted by the other nations of the world. Otherwise we show that we are not progressing. In the case of indigenous rights, we use blinkers.”
Back in the February of 1996, the seven Orang Asli individuals and their families received eviction notices, informing them of the highway construction plan. The following events, administered by the Sepang Land Office, led to a total destruction of Orang Asli dwellings and crops in the 38-acre area that was to be used for highway construction. Sagong Tasi, Tunchit Penjak, Dabak Chabat, Kepal Kepong, Sani Saken, Senin Angan and Tukas Siam, the seven Orang Asli plaintiffs, were asking for a declaration stating their ownership of the land by custom. Additionally, the plaintiffs were claiming damages done for the loss of income from crops and fruit trees from the time Highway construction began in 1996 until the final court case ruling day. They were also demanding compensation for violation of their legal rights under the law and Federal Constitution, special damages and costs.
The Orang Asli community of Peninsular Malaysia numbers 116,000, which is less than one percent of the national population. The Orang Asli or ‘first peoples’ is a collective term bringing together about 18 sub-ethnic groups (Negrito, Senoi, Mah Meri, etc.). These groups vary in their cultural practices, language, and way of life. Some Orang Asli groups live close to the coast mainly subsisting on fishing. But most Orang Asli members remain living in rural areas, farming, fishing, hunting and gathering.
The fact that the Federal government fails to recognize Orang Asli as the rightful inhabitants and legitimate owners of the land, leaves them to an economic, social, and cultural abuse. Large corporations take advantage of Orang Asli situation by evicting them from their lands, starting new development projects in their backyards, and polluting their environment. Despite such troubles, the indigenous Orang Asli continue to fight bringing land issues into the courtroom.
Bukit Tampoi Case is the first time an issue of native land ownership and legal title has been brought up and won in court in Southeast Asia. Colin Nicholas, the Orang Asli rights activist, believes that the case is a breakthrough for the indigenous people in Malaysia “It was a major decision to say that the Orang Asli have rights like other citizens, because for a long while they have been asking to be recognized as lawful land-owners.”
