Indigenous communities have constitutionally protected land rights under Article 13 of the Federal Constitution, which prevents the government from arbitrarily taking away their land, and Article 8(5)(c) mandates positive discrimination for their welfare; the demolition of Orang Asli homes in Pekan, Pahang, despite their ancestral occupation since time immemorial, represents a violation of these constitutional protections and requires immediate investigation and compensation.
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Peka seeks RCI over demolition of Orang Asli homes in PekanAdded:
Okay, the reason that we are having that we've called for this press conference today is in relation to the demolishment of houses of the Orang Asli community of the Jakun Orang Asli community in Pekan, Pahang.
Now, the facts are these.
The Orang The Orang Asli or the Orang Asal have been staying in that plot of land, that piece of land In Bahasa Malaysia, they'll say sejak turun-temurun. In English, it's since time immemorial.
Because these are the real indigenous people of this country.
And they've been here since forever.
As As long as they can remember, you know, their grandfather's grandfather's grandfather, everyone has always stayed in those in that plot of land.
And what has happened is that that plot of land, despite the indigenous people, the Orang Asli been staying there since forever, that plot of land was has is under registered under the name of the Pahang state government.
And the Pahang state government saw it fit, despite knowing full well that the Orang Asli are living there, staying there, despite that, they saw it fit to give a lease on that land to a palm oil company.
Now, if a palm oil company goes in, what is going to happen? That entire forest will be demolished. All the trees will be removed. And it will be replaced by palm trees, palm oil trees. It will become a ladang kelapa sawit.
How are the Orang Asli supposed to live in the middle of a ladang kelapa sawit?
How are you going to get water? How are you going to get food? How are you going to get shelter? Where are they supposed to stay?
In other words, you are evicting them.
Now, what what exactly What exactly is going on here? Let's Let's call a spade a spade.
This is theft of the Orang Asli's land by the Pahang state government.
That's what it is.
Now, why do we say it's theft? Because the land belongs to the Orang Asli.
Why do we say the land belongs to Orang Asli? Because they have a constitutional right to the land based on Article 13 of the Federal Constitution.
Article 13 makes it clear that the government cannot simply willy-nilly take away someone's land. They have a constitutional right, constitutionally protected. Despite the constitutional protection, the Pahang state government took the plot of land and give a lease on it to a uh Kelapa Sawit company.
That is the background facts.
Now, what has happened is that that Kelapa Sawit company has seen it fit to take a backhoe to the houses of the Orang Asli there.
There are total of 21 houses there, and seven houses have already been demolished. And out of the seven, one of it is what we call a Rumah Adat, which is uh something akin to a community hall where the indigenous people will meet there for events, gatherings, uh weddings, funerals, um uh their their meetings, whatever will be held at the Rumah Adat, the community hall there. And that has also been demolished now.
And out of the six houses, there were six houses and one Rumah Adat has been demolished. And out of the six houses, not only is the demolishment bad enough, but one of the individuals whose house was demolished is actually an an OKU person.
And still you go and demolish the house.
It's completely unacceptable.
It's ridiculous. How can you go and demolish the house of an OKU person, of an Orang Asli?
Now, that is what has happened in um in Pekan Pahang right now.
In any event, um we demand we demand that an inquiry be held immediately under the Commission of Inquiry Act.
This is not a small matter. You're demolishing the houses. You're stealing the land of the Orang Asli. This is a very, very, very serious matter and the repercussions must also be serious. I E and Commission of Inquiry must be instituted on an urgent basis. Now, uh just to touch on with what my colleagues and my friends here have said, one very specific point that everybody needs to take into account is that when it comes to the Orang Asli, not only do they have a constitutional right to land like the rest of us, they are supposed to be positively discriminated against. This is also provided for specifically in the Constitution under Article 8 sub-5 sub-C, where it says that when it comes to the Orang Asli, their welfare, for their welfare and for their well-being, the government has the task or has the duty of ensuring that they are given that they go over and beyond what they would normally do, considering the situation of the Orang Asal.
You know, considering their community, that they don't live like the rest of us. What has happened here is absolutely unjust and uh there are therefore a list of demands that we would like to make here today.
Moving forward, what does the federal government and the state government of Pahang need to do?
First things first, there needs to be a gazettement of native customary land for the Orang Asal of Pekan, Pahang.
This must happen.
They have been living there. They were never consulted.
No consultation was done with them.
They have always been there.
So, gazettement needs to happen first.
That is the first thing.
Second, compensation must be given. They must be compensated for the damage that they have suffered as a result of their house being demolished. Third, there must be immediate and quick an immediate and quick investigation into the police reports that have been lodged for criminal damage and for the trespass that has occurred.
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