Peka gesa bancian menyeluruh kampung Orang Asli di Pahang

A campaign group in Malaysia has urged the state government of Pahang to conduct a comprehensive land survey and mapping of all Orang Asli settlements, including those not registered with the Orang Asli Development Department (Jakoa). The Malaysian Nature Society (Peka) stated that the initiative requires the involvement of traditional leaders, Orang Asli organizations, community representatives, and civil society groups.

Peka President Rajesh Nagarajan explained that the 264 registered Orang Asli villages acknowledged by the Pahang government may not accurately represent the true population, as there are additional communities like Kampung Selimbar and Sungai Cot that are not on the Jakoa list. The president emphasized that the 264 figure should not be considered a definitive count of Orang Asli settlements in the state.

The issue came to light after Sultan Pahang, Al-Sultan Abdullah Sultan Ahmad Shah, stated that the term "traditional land" should not be used indiscriminately, noting that the Orang Asli Development Act does not recognize a category of land called "traditional land." Instead, the relevant terms are "Orang Asli area" under Section 6 and "Orang Asli usufruct" under Section 7, which can be declared by state authorities through gazette notices.

Rajesh stated that the absence of media coverage does not automatically mean that Orang Asli do not have customary land rights. He referenced the Malaysian Federal Court's 2005 decision in the case of the State of Selangor & Ors v Sagong Tasi & Ors, stating that customary rights must be determined based on tradition, custom, historical occupancy, and land use by a particular community.

The court's decision also acknowledged that Orang Asli may have customary land rights over unregistered land. Nagarajan urged the government to expedite the measurement, demarcation, and survey of Orang Asli areas, emphasizing that the delays in media coverage cannot be used to deny Orang Asli's customary land rights. However, he pointed out that only 30 of the 264 registered Orang Asli villages have been officially gazetted, and only 16 have received land ownership rights, leaving 218 villages without either.

He attributed this to a failure in government management, which must be addressed by both the state and federal governments through Jakoa.