KUALA LUMPUR: Orang Asli rights activists believe it is high time that the state and federal governments issued moratoriums on logging, which is the prelude to farming, mining and other forest activities that pose threats to the Orang Asli.
They believe that a strong stand is necessary to protect the rights of the community.
Centre for Orang Asli Concerns (COAC) executive director Colin Nicholas said this was vital following the outbreak of an illness affecting the Batek tribe in Kuala Koh, Gua Musang, which claimed numerous lives.
Two of those deaths were confirmed to be due to pneumonia.
He said the root cause of the issue was not medical in nature but stemmed from a long-time disregard and destruction of the Orang Asli’s land and their customary rights.
He said the community of hunters and gatherers was increasingly constricted over the years due to logging, which led to the opening of oil palm plantations and mining.
This, in turn, forced them into smaller pockets of green areas, which cut them off from their resources sustained by their nomadic customs.
“They were healthy and contented seven to 10 years ago. There was no one to disturb them.
“But with their land slowly taken away by the Kelantan government since 10 to 12 years ago and their resources destroyed, they were forced to move into the northern edge of Taman Negara.
“Without access to their traditional way of life, they become malnourished and underweight. They end up eating junk food and consuming more sugar to substitute their diet of fruits and other things.
“With their resistance being low, many diseases — whether it’s pneumonia or tuberculosis, or even diarrhoea — can be fatal. But the root cause is that their environment has been taken away,” said Nicholas, who last visited the Kuala Koh village about a year ago.
There are about 2,000 people in the Batek tribe in Kelantan.
Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail had on Sunday said the government would review environment policies in relation to logging and mining in light of the plight of the people.
Nicholas said if the Kelantan government did not issue a moratorium on logging, there would be a repeat of the big floods in 2014, which mostly affected townsfolk in low-lying areas, such as Kuala Krai, which bore the brunt of the catastrophe.
Bar Council Committee on Orang Asli Rights chairman Siti Zabedah Kasim said the law was clear on the rights of Orang Asli and stop-work orders should be issued when mining or logging was conducted near their settlements.
She said many recent cases that upheld native customary rights were proof that the law provided for the protection of the Orang Asli’s way of life.
“Laws related to land are clear on the rights of the Orang Asli. The courts have confirmed this based on the many cases related to native customary rights through the years.
“The problem is state governments don’t respect that. I think the federal government must take action against states that do not adhere to results and outcomes of these court cases.
“I wonder if the federal government is too scared or too respectful of state governments when it comes to this. I don’t know. Maybe it’s more about politics.”
She cited a High Court case that compelled Johor authorities to compensate 51 people from the Seletar tribe after they were relocated from their original settlement. The case remains unresolved after nine years.
She countered the Kelantan government’s argument that logging was a source of income that the state needed.
“For those who say such a moratorium will affect the business of mining, they must know that there are many ways for a state government to make money.
“There are sustainable logging and mining. Other countries can protect their native communities. Why can’t Malaysia?”
Protection of the Natural Heritage of Malaysia (Peka) president Puan Sri Shariffa Sabrina Syed Akil called on the authorities to relocate the tribe to a safe location.
She said the village they were living in was dirty and decrepit, adding that they relied on a river that was allegedly contaminated.
“Immediate action has to be taken so that there are no more deaths due to the spread of microorganisms to the lungs.
“We have seen many sick children and their homes in the forest are also dirty after moving from the Orang Asli village in Kuala Koh.
“The Orang Asli Development Department and other departments have to move them as they are living in a terrible state. They also need to be supplied with clean water.” Additional reporting by Mohd Zulkifli Zainuddin