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Authorities in Pahang suspect 7,000 hectares of the Tasik Bera Permanent Forest Reserve have been illegally cleared for commercial agriculture, and are now taking action to stop it. However, the Semelai Orang Asli say the affected territory is part of their ancestral land and livelihood, and dispute the portrayal of the situation. On this episode of #ConsiderThis Melisa Idris speaks with Eris Joshan A/L Chew Ho Beng, Semai Orang Asli Youth Advocate.

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00:00owner to to declare that our our land where we run it we work for it and we use this
00:06land to
00:06feed our family meanwhile at the um government agency i think they should um this is just just
00:15suggestions where we have a top button and we have jpkkoa the government or the agency that
00:21responsible for the oral asli development has to equip all the top button and also the first uh
00:28pengurusi jpkkoa with the with the knowledge of how to protect how to preserve at the first place
00:35before these things happen so at least we we have a clear mindset actually oh we have to reserve we
00:41have to preserve this this um this we call it um kubur for our nenek moyang and this is the
00:49the place
00:50where where tempat very keramat for our place so this documentation actually is very strong when you
00:56have a picture when you have the documentation when you have the the verbal story that has been
01:01inherited by generations so i found actually this thing can be done if uh both sides has a
01:10win-win situation willing to to give away and the the person at the next um the next side have
01:17to
01:17to actually give a cooperation to the authorities yeah definitely there needs to be i think more
01:24more communication more understanding in terms of where these um religious sites as you talked about
01:29are can can i ask you eris um you begin you began our conversation today by talking a little bit
01:35about
01:35how what this dispute has revealed to you in the way um the conversations have evolved from one side
01:41versus the other but when you as an advocate for orang asli um rights what has that revealed to you
01:49about
01:49the way um the fight for orang asli rights particularly customary land rights has has changed or may need
01:58to change um this dispute really has i think um set the tone uh in many ways about how to
02:05protect say
02:05forest reserve and the way the state looks at it versus how not to see orang asli as trespasses
02:12of their own ancestral land how what did it reveal to you can i ask eris what does this dispute
02:18reveal to
02:19you about the way orang asli customary land rights are viewed and vote for all right um sure melissa if
02:26you ever heard about the or asli cases most of the or asli cases only will win when we bring
02:33it to court
02:33yeah that's how that's all the only way that we can prove actually this is our land it has been
02:40an ancestral um ancestral um plan where we stay here for many many years so if you see as the
02:48malaysian
02:48law we have a separation of power whereby we have a legislative we have a khakiman and also we have
02:55um um executive so um legislative is to handle all this um law to be made and uh executive where
03:07all these
03:07leaders have to make decisions where they have to to to make a law for for the um citizen of
03:15nations and the mahkamah they work to they use this law to identify and to to say who win in
03:25these cases
03:26even though a a government also will be bring to the court to to to to prove that actually what
03:33they are fighting is right or not
03:35so that's why when i see in this case uh actually we have a shots coming in term of uh
03:42law that protecting
03:43an or asli and when we look into the uh an or asli law which is yeah and uh act
03:53of three once three one
03:56three four we find actually they define an or asli land but it's um close to the perlembagaan of
04:07malaysia whereby the land is belong to the states there is a law at the federal side who want to
04:15protect
04:15the the or asli but at the top of it we know perlembagaan malaysia is the highest where they they
04:23they
04:24said um land is belong to the state so the state has a power or authority to to decide it
04:30is their
04:31land or not when you want to to prove that that is your land the only way that we have
04:35found today
04:36is only bring it to the court so that's why when we see in this uh burr case i think
04:42is there is no
04:45no need to to prolong this case the community has to start uh jawatan kuasa bertindak by their own
04:53community fight for their own bring it to the court because that the only way it's because you
04:58see this case has been prolonged and the or asli villages that um manage not and not manage to to
05:05to to to get an income to feed their family even though there is finalizing to to help the family
05:11to
05:11get something to eat at their home so if we prolong this case and no site want to take an
05:16action that's
05:18will will infect the community so that's why i said the community has uh has to decide what
05:23actually they wanted and which platform they want to use eris thank you so much for joining me on the
05:29show today eris joshan anak laki chiu ho beng they're wrapping up this episode of consider this i'm
05:34melissa idris signing off for the evening thank you so much for watching good night
06:31thank you
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