Peka gesa bancian menyeluruh kampung Orang Asli di Pahang

Pekka Rajesh Nagarajan, Peka Malaysia's president, criticized the lack of coverage, asserting that Orang Asli's land rights are not automatically denied. In a statement, Peka Malaysia urged the government of Pahang to conduct a comprehensive survey and mapping to identify all Orang Asli settlements, including those not registered with the Orang Asli Advancement Department (Jakoa).

The group emphasized the involvement of local leaders, Orang Asli organizations, community representatives, and civil society groups in the process.

Nagarajan highlighted that the figure of 264 registered Orang Asli settlements in Pahang may not accurately represent the actual number. He stated that the state acknowledges the existence of communities outside the list (264 settlements), such as Kampung Selimbar and Kampung Sungai Cot, which are considered additional settlements and a subgroup settlement, respectively. Neither is registered with Jakoa.

This concern arose after Sultan Pahang, Al-Sultan Abdullah Sultan Ahmad Shah, stated that the term 'traditional land' should not be used indiscriminately. The Sultan clarified that within the state of Pahang, the Orang Asli Land Act does not provide a category of land called 'traditional land.' Instead, he specified 'Orang Asli areas' under Section 6 and 'Orang Asli allocations' under Section 7, which can be declared by state authorities through notifications in the gazette.

Regarding the lack of coverage, Nagarajan emphasized that its absence does not imply Orang Asli do not have traditional land rights. He referred to the 2005 Malaysian High Court judgment in the case of the Malaysian Federal Government v. Sagong Tasi & Ors, stating that traditional land rights should be determined based on custom, tradition, historical occupancy, and land use by a specific community. The judgment also acknowledged that Orang Asli may have traditional land rights over land not officially gazetted.

However, Nagarajan reminded that the government cannot delay coverage for years and then rely on its absence to deny Orang Asli's traditional land rights. He called for a faster pace in conducting land surveys, demarcations, and coverage of Orang Asli areas. The state government of Pahang reported that out of the 264 registered Orang Asli settlements, only 30 were completed in the gazette, and 16 received land ownership rights, leaving 218 settlements without both.

Nagarajan emphasized that this is not the fault of the Orang Asli but a failure in government administration that needs clarification by the Pahang government and the federal government through Jakoa.