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Political Party Finances 2017 Sacred Land: Empowering the Temiar People of Kelantan THIS DOCUMENT IS PREPARED BY THE OFFICE OF YB WONG CHEN, MEMBER OF PARLIAMENT FOR KELANA JAYA NADIRAH SHARIF PUSAT KHIDMAT P104 KELANA JAYA | 113B, Jalan SS14/1, 47500 Subang Jaya Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 Executive Summary The indigenous Orang Asli people in Peninsula Malaysia represent a very small minority, which leads them to be neglected by both the federal and the state government. The Temiar people, over the years, have become more vocal; but what can the voice of a small minority do? Until now, basic human rights are unheard of in the Orang Asli of Peninsula Malaysia. In this paper, we aim to examine how self-sufficiency can be promoted amongst this forgotten group of people. To understand the situation at the present point of time, an analysis of the state of Kelantan must be inspected. In the first section, we will identify what event provoked the cry the Temiar tribe in Kelantan, which led to their recent protests. The impact of deforestation and land usage over the years will also be analysed. A policy of providing land distribution of 12.1406 hectares (30 acres) to each family and its role in increasing self-reliance among this particular indigenous tribe will be further explained. A model referenced in this analysis will be the FELDA Scheme, which carries the gist of a solution, but unfortunately, was unsuccessful. In addition to the policy proposal, a budget of less than RM 5 million will be required by the Federal Government. This paper will explain how this figure is derived and identify the key assumptions used based on empirical evidence. This policy may not bear fruits immediately; in fact, it may take 30 years to see any results. With this policy of promoting independence, the Temiar 1 Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 people may finally be able to break the cycle of poverty and reliance on hand-outs, and this in turn, will empower them in the long-run. 1.0 Introduction 2.1 In Peninsula Malaysia, the Orang Asli represent only 0.79% of the 22.6 million population, where they are a forgotten minority.1 The problems of this indigenous group are namely poverty, healthcare, and education. This paper aims to explore the economic predicament of the Orang Asli, specifically the Temiars, in Kelantan. 2.2 According to academic research done in 2010, it was found that Orang Asli villages could be split into three different categories.2 Table 2. Category of the Orang Asli Village Category of Village Number Criteria Interior 327 Can be contacted through jungle pathways or (38%) waterways No fixed source of Income No access to basic amenities (e.g.: clean water supply) Bordering to Towns 519 Close to Malay Villages (61%) Contacted through Premix roads Have basic facilities (e.g.: 24 hour electricity) Have land development projects & Fixed source of Income Town 6 (1%) Have complete facilities No land development projects 1 SyedHussain, T., Krishnasamy, D., & Hassan, A. (2017). Distribution and demography of the Orang Asli in Malaysia. International Journal of Humanities and Social Science Invention. Vol 6 (Issue 1), pp 42. Retrieved from http://www.ijhssi.org/papers/v6(1)/Version-2/F601024045.pdf 2 SyedHussain, T., Krishnasamy, D., & Hassan, A. (2017). Distribution and demography of the Orang Asli in Malaysia. International Journal of Humanities and Social Science Invention. Vol 6 (Issue 1), pp 44. Retrieved from http://www.ijhssi.org/papers/v6(1)/Version-2/F601024045.pdf 2 Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 2.3 Of late, there have been countless reports regarding the dispute between Orang Asli and loggers. Whilst the recent case was temporarily resolved, the issue boils down to land rights; of which, the Orang Asli legally have none. This paper will propose a land reform solution for the Orang Asli community with the view that this can address the socio-economic problems faced by them. 2.4 This paper will be separated into four sections: Part 1: This paper will explore the current situation in terms of land rights of the Orang Asli and compare the situation with that of native rights in Sabah and Sarawak. Part 2: This paper will propose a census and geographical mapping to identify where Orang Asli settlements are, and to gauge whether State Government land surrounding these settlements is available for distribution. Part 3: As a conceptual solution, this paper will explore the distribution of land to each family, with reference to the FELDA 10-Acre Model. Part 4: A budget will be prepared to project the potential cost of the project. 2.5 Ultimately, when it comes down to the lives of the Orang Asli, dependency on the government has always been their downfall. With this policy, self- sufficiency for the Orang Asli will be promoted, where they will be able to sustain themselves and their families in the long-run. 3 Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 2.0 Part 1: The Current Situation 2.6 The Temiar tribe, with a population of 20,000, represents the community seeking shelter in the borders of Perak, Pahang, and Kelantan.3 In 2016, the Kelantan state government gave permission for the logging activities in the Balah Permanent Forest Reserve in Gua Musang. 2.7 Due to the concession granted, rage sparked amongst the Orang Asli. It was demanded that they should have a say on the activities of the land due to its effects on their village.4 As a result, blockades were set up by Orang Asli protesters. Many of them were arrested; mobile phones and cameras were confiscated, and houses were left demolished. 2.8 To add on, many Temiar people were arrested for trespassing the land.5 This incident raised various issues, but ultimately showed the non-existence of Orang Asli rights. 2.9 Another crucial point to highlight would be the area of land logging in Kelantan. In 2014 when deforestation caused one of the worst floods in Kelantan history, close to 20 Orang Asli villages in Kelantan were trapped in their villages with no supply of medication or food.6 2.10 Through the usage of Google Earth Pro, approximately 23,188.88ha (57300.97ac) of land in Kelantan were converted to bare earth in 2016. 3 KiniGuide. (2016). KiniGuide to Orang Asli blockades in Gua Musang. Retrieved from http://www.malaysiakini.com/news/366172 4 Bernama. (2016). Loggers and Orang Asli at loggerheads over Gua Musang logging. Retrieved from https://www.nst.com.my/news/2016/09/177235/loggers-and-orang-asli-loggerheads-over-gua-musang- logging 5 Tang, A. & Azhar, S. (2016). 41 orang asli arrested in operation at Gua Musang barricades. Retrieved from http://www.thestar.com.my/news/nation/2016/11/29/orang-asli-gua-musang-arrested/ 6 George, K. (2014). Flood aid yet to reach many Orang Asli villages. Retrieved from http://www.themalaymailonline.com/malaysia/article/flood-aid-yet-to-reach-many-orang-asli- villages#LZ7XyjYjdGFcSYQ5.97 4 Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 2.11 According to the Forestry Department, Kelantan has 1,510,500ha (3,732,526.787ac) of land area, whereby 812,196ha (2,006,980.0241ac) are forested land and 698,304ha (1725546.763ac) are non-forested land.7 In their 2016 Annual Report, the annual allowable cut for permanent reserved forest is 5,417ha (13,385.6985ac) and the area opened for logging was set at 2,625ha (6,486.516ac). Clearly, the conversion to bare earth in 2016 far surpassed the annual allowable cut. Google Earth Pro Imagery of Bare Earth Changes in 2016 *This image disregards land changes of less than 40ha and may be subject to error due to the approximation of polygons . 7 Forestry Department Peninsula Malaysia. (2016). Laporan Tahunan 2016. pp 76. Retrieved from https://www.forestry.gov.my/images/Laporan%20Tahunan/2016/annual-report-jpsm-2016.pdf 5 Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 Source: Global Forest Watch on Tree Cover Loss in Kelantan (2001-2015) 6 Office of YB Wong Chen, Member of Parliament for Kelana Jaya | August 2017 2.12 In 2015, the Temiar people found themselves at a losing end when the logging in 2014/2015 affected their water source, shelter, and ability to hunt for food.8 Without land rights, the socio-economic challenges to the Orang Asli will persist. 2.13 In comparison to the natives in Sabah and Sarawak, the rights of Orang Asli in Peninsula Malaysia are inferior. In Sabah and Sarawak, native land rights are governed under the Sabah Land Ordinance (Sabah Cap 68) 1930 and Sarawak Land Code (Cap 81) of 1958.9 Whereas, in Peninsula Malaysia, the orang asli do not have similar laws to protect their lands. 2.14 To add on, Native Courts exist where native laws and customs are held. Unlike East Malaysia, Orang Asli in Peninsula Malaysia face an injustice due to the fact that the state authority has extensive power in decisions of the state land. Furthermore, in the event of federal and state powers combining, Orang Asli may even be denied of land rights completely.10 Ostensibly, rights are unheard of to the indigenous of Peninsula Malaysia. 3.0 Part 2: Orang Asli Settlements 3.1 To proceed with land distribution, the location of Orang Asli settlements in Kelantan must first be identified, as well as whether there is sufficient land surrounding the Temiar settlements available for distribution.
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