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Letters - Orang asli play key role in conservation of forests

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THE Human Rights Commission of Malaysia (Suhakam) is appalled at the decision by the Forestry Department of Kelantan to demolish another orang asli blockade in Gua Musang.

These blockades are set up by the orang asli to protect the forests and their customary lands from uncontrolled logging, causing among others, severe floods in several areas in Kelantan, as well as destroying properties belonging to the orang asli.

Suhakam is deeply concerned that this marginalised and vulnerable community who are among Malaysia's poorest minority have been targets of long-standing discrimination, exclusion and more recently, violence.

These blockades are a symbol of protest by them, opposing unrestrained commercialisation of the forests, which violates the many established principles on business and human rights, such as the duty of the state to protect, and duty of businesses to respect the rights of the orang asli.

Suhakam in its National Inquiry in 2013 found that the orang asli face substantial, discriminatory and unbearable obstacles to the exercise and enjoyment of their rights to own, possess and control their lands and territories despite international recognition and acceptance of the Universal Declaration of Human Rights, which guarantees the fundamental rights of all human beings.

The basic rights of the orang asli remain without safeguards in government policies and legislation. The government must take concrete steps to expedite the implementation of the recommendations of the National Task Force Committee that has in principle accepted 17 out of the 18 recommendations by Suhakam. While these recommendations have been separated into three stages pending implementation, the Forestry Department and state government of Kelantan have failed to respect these government initiatives.

Despite clear evidence that the situation of the orang asli constitutes a serious derogation of Malaysia's obligations to respect, protect and fulfil their rights, the government has done little to meaningfully address their situation, and the orang asli continue to lose more land and with it the enjoyment of related rights.

The Department of Orang Asli Development as a government agency entrusted to oversee all affairs of the orang asli must fulfil its role by resolving their challenges.

Suhakam continues to receive complaints and the orang asli have expressed their disappointment towards the government for the slow progress on the implementation of the recommendations of Suhakam's National Inquiry.

Suhakam reiterates that major legislative and administrative reforms are needed to adequately define and protect the rights of the orang asli over their lands and resources, and decisive steps are necessary to urgently to find solutions that would allow the orang asli to recover their lands.

Suhakam also calls for a review of the National Forestry Act 1984.

The land rights of indigenous peoples play a key role in the protection of our rainforests.

Tan Sri Razali Ismail
Chairman
Suhakam

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