In its newly released annual report for 2016, the commission concluded that the government was not prepared to address and put an end to the many problems facing the indigenous community.
Suhakam added that Orang Asli rights remained a priority topic for the commission as many of the government’s promises on land rights “did not actualise”.
It singled out the Department of Orang Asli Development (Jakoa), saying it appeared to have failed in its responsibility to protect and ensure the well-being and advancement of the Orang Asli.
“Causes of violations of indigenous people’s rights continue to be wide-ranging, and the underlying reasons include the widespread, systematic discrimination against them, as well as exclusion from decision making and effective participation in matters that directly affect them,” it said.
It added that Suhakam was joining the chorus of those calling for a comprehensive review of Jakoa.
“Despite assurances that 17 out of the 18 recommendations by Suhakam in our national inquiry were accepted by the government, none have been implemented,” it said.
The commission said the Orang Asli were not sufficiently represented in Parliament and that violations of native customary land rights had worsened this year.
It highlighted encroachments into their native land for the purpose of development, which, it added, still occurred today. This could be due to the government’s slowness in implementing its national inquiry recommendations, it said.
“The failure in protecting the land rights of indigenous peoples by the state has also led to incidents such as the commotion and criminal intimidation at the blockades set up by a group of Orang Asli on a logging trail in Gua Musang, Kelantan.”
Suhakam was referring to the Orang Asli bid to stop logging activities on native customary land in the Balah forest reserve. After their protests against the logging went unheeded by the Kelantan government, the Orang Asli erected several blockades along the route.
On Nov 29, though, the Kelantan Forestry Department dismantled the blockades and arrested 41 of the Orang Asli, but they were released within 24 hours.
Suhakam said the authorities’ reaction was uncalled for, adding that the state government had ignored the commission’s repeated requests for a discussion on the issue.
“It is our view that the systemically disadvantaged and marginalised Orang Asli community must be given the same respect and have the same opportunities to live a rewarding and enriching life as other Malaysians.”
The commission called on the government to issue a moratorium or temporary prohibition order on all developments involving Orang Asli land rights, pending the implementation of its recommendations.