Representing the communities from the Sungai Mai village in Jerantut, Pahang, they want to secure their ancestral land and seek recognition of the rights of indigenous people.
Their case involves about 5,000ha of state and Krau Wildlife Reserve land.
“Way before the arrival of the British colonial administration and the demarcation of state lands and wildlife reserves, the Jahut explored freely within the ancestral boundaries of Krau Valley to look for rattan and bamboo to build homes.
“They hunted animals, practised swidden, and harvested from forest farms for their subsistence,” said Jef Yangman, one of the case plaintiffs, in a statement prepared by Jaringan Orang Asal SeMalaysia (Joas).
Jef lives in the Sungai Mai village with 98 families (consisting of about 500 Orang Jahut), who rely heavily on the forest area for subsistence.
Jef claimed the Pahang government’s issuance of temporary occupational licences to outsiders was among the causes of encroachment on the community’s ancestral lands.
“These licence holders are usually individuals who are involved in logging, oil palm or rubber plantations, and banana and lime tree farms.
“Consequently, deforestation occurred, which resulted in damage to our ancestors’ graves, fruit trees and hunting grounds.”
He said it took eight years for the Orang Jahut from Sungai Mai to prepare their case for the Temerloh High Court.
“We carried out intensive research, community mappings and held many consultations with lawyers before heading for the court.”
The case is led by lawyer A Rajkumar on a pro bono basis.
Another plaintiff, Yusri Ahon, is the community leader. A staunch leader in the struggle of indigenous peoples, Yusri is also Joas president.
“The Orang Asli will definitely take desperate measures at desperate times.
“Orang Asli are known for their non-violent values in their communal lifestyle.
“Be it by bringing their struggle to court, even though it will incur heavy costs to the communities, or by setting up anti-logging blockades under the threat of arrest, these are last resorts for the Orang Asli communities when the government and authorities do not listen to the Orang Asli and do not recognise their rights as indigenous peoples,” said Yusri.
Joas secretary-general Jannie Lasimbang said the rights of the Orang Asli were already recognised in court, such as in the Sagong Tasi, Adong Kuwau and Nor Nyawai cases.
“They are considered landmark cases and remain as important references for Orang Asli land cases.
“Besides, the Malaysian government is involved in many international agendas and is one of the signatories to many international documents such as the United Nations Declaration on the Rights of Indigenous Peoples in 2007 and Outcome Document of the World Conference of Indigenous Peoples in September 2014.
“These documents clearly state the rights of the Orang Asal and the steps to implement them.
“Therefore, there is no excuse for the government to not recognise the rights of the Orang Asli,” said Jannie.