No Rights, No Special Privileges, No Money

How much exactly and where has all those billions gone to? For sure the natives gained zip from it.

Raymond H.H Tan 

Selangor was taken over by PKR in 2008 as the new State Government and it was during that time, a few acquaintances of mine contacted me to request for some assistance with regards to some projects/developments and “tendered contracts”, reason being “cable sudah putus” (“connection lost”).

In short, these acquaintances of mine needed someone to help to “hook” them up with the right “new people/authorities” to enable them to secure new strings of contracts (i.e. the new politicians and authorities in power to “assign and assure” that the new contracts/projects will be given to them without much hassle and problems.

Subsequently, a few of my acquaintances’ representatives who were assigned to execute these deals and myself (although not involved in those developments/projects), were brought over to meet Penghulu/Batin Malam of the Temuan Tribe with regards to those developments/projects.

What I found out was that there were 2 particular developments/projects that was being targeted i.e. sand mining and agriculture. Surprisingly, both projects were found to be executed on the Natives’ Settlement/Reserve, well not quite “a Settlement/Reserve” since this particular Natives’ Reserved Land comprises of 7 natives’ villages in the same vicinity measuring approximately 17,900 acres in areas, which is also known as the Kuala Langat North Forest Reserve – F.M.S Gazette No. 2578, which leads to the next question i.e. Why was there a need to have a huge Reserve?

Upon massive research being done, the conclusion was that this Reserve was indeed intended to be a new township since 1999. According to the 2010 blueprint from the Town Planning, it was already certified and gazetted as Natives’ Reserves, a sanctuary, to be exact. The National Land Code and Akta Tanah (Kawasan Penempatan Berkelompok) 1960 terms it as “Tanah Berkelompok”. That is to say that the 7 Natives’ Villages are Residential Reserved whereby the surrounding land are theirs in accordance with their customary and traditional practice, to roam freely as they wish, to support their livelihood and etc (“Special Rights/Special Privileges”).

Surrounding parcels of land within this Forest Reserve are also interpreted as Tanah Rayau Orang Asli, i.e. literally, the entire forest was gazetted for the sake of these natives and no one else.

To be more precise, since Penghulu/Batin Malam is the Penghulu/Batin in this MukimTanjung Duabelas, Kuala Langat, he is no doubt the custodian and “protector” of the Land whether it is for mining or whatsoever that lies in or within its vicinity, i.e. the entire forest reserve. 

So, one negotiation leads to another and subsequently, all businesses, developments, projects, contracts were then concentrated on the Natives’ Land. About a week into negotiation, the dealing on agriculture was then concluded and was set aside as the “main focus” was actually on sand mining. Everyone was extremely excited since sand mining is a very lucrative business venture as it can generate hundreds of thousands of ringgit daily without doing anything.

However, the sand mining deal went “haywire” before the signing of agreement as they, “the negotiators/representatives” realized that the Land was never allocated to the Natives, but instead, was held by the State’s subsidiaries and other private entities. That is to the say that Land Grants were already issued to others, but would it suffice to accuse them of putting the natives on the negotiation table or to further cover up on land status? 

Anyhow, to make things more interesting, it was during one of the discussion/negotiation with regards to the distribution of profits  on the sand mining that all things and negotiation turned sore. It was suggested and agreed by some that a sum of $8 per tonne will be allocated to those involved with the mining scheme, and basically the 4 main players at that time were–The Main Contractor Kumpulan Semesta Sdn Bhd (KSSB) which is also the “permits department” and 4C docket provider, the so called “Landowner” which is PKPS, thirdly, the Subcontractor and lastly the natives. Each will receive $2 for every tonne dredged which makes up to $8 and an additional $1 was easily agreed to for security purposes (gangsters). So $9 was the final figure, and since the sums were meant to be as ‘undertable’, obviously it will not be accounted for.

Well, settling at $9 wasn’t the issue here, as the problem actually started when I openly questioned the so-called Board during a brainstorming session (to tune the $9) : “Why only $2 given to the Asli when they, the Asli are the actual owners of their customary land? And why do we have to “give” anything to PerbadananKemajuan Pertanian Selangor (PKPS), a State subsidiary company for doing nothing? (which theyPKPS later claimed that they are are landowners). 

So, after throwing those ridiculous questions at their face, their facial expression gave me the impression that my loyalty is very much in doubt. It was then the State Government made a u-turn. They, the fucking State Executives insisted that the Natives do not own the land and therefore they are not entitled to profit sharing on mining, for that matter no sharing on all dealings to be exact. To make matters worse, days later a few State Counselors announced that the Orang Asli too DO NOT have any Rights on their customary land. That’s one of the reasons why we have been hearing about Suhakam and the Bar Council’s members crying foul over Orang Asli being deprived of their status. Not that they do not know about history, just that they are in cahoots with the politicians. As the branding of sorrows begins, nevertheless in my opinion that the National Enquiries and shit by Suhakam are really good stunts, at least most natives were convinced, even the public’s perception.