This in interesting! Does the Jabatan Hal Ehwal Orang Asli has the right to deny the Orang Asli in the case below? Is it similar like us in town who need to get permission from local council and other agency before putting structures on our land?

I think the department should have stated in its letter under which Act or law the stop-work order was issued. This will clear the air and may even lead to revision of outdated laws.

Just sending letter without proper support from the law can be construed as interfering with freedom to practice religion.

Not only that, if the order is illegal, the government may have to pay costs if the case goes to court, as in an earlier case. Better be vigilant instead of simply issuing orders.

The Council of Churches Malaysia Youth have slammed the stop-work order on an Orang Asli church by the federal government, calling it an act of “bullying”.

“The CCM Youth opines that the Department of Orang Asli Affairs (JHEOA) has overstepped its boundaries in denying the Orang Asli community their rights to choose to empower themselves, be it building upon their own land, homes, wells, a community hall, a temple, a mosque, a shrine or even a church, if they so wish, within the aboriginal reserves.

“These land rights of our Orang Asli community are protected by the Aboriginal Peoples Act 1954 whereby the lands which they occupy are protected as aboriginal reserves, belonging to them and they have every right to their land,” it said in a statement today.

It added that the department should instead focus on its primary responsibility and objectives of caring for the well-being of the indigenous community as stipulated in its mission statement.

“As we have only just celebrated our National Day and Malaysia Day as well, may we remind the JHEOA, as well as all other state and federal government agencies, of our Prime Minister’s 1Malaysia message of seeking to build community and unity through harmonious respect for one another, and celebrate proudly our colourful ‘Ais Kacang’ heritage.

“CCM Youth reiterates our call to stop bullying our indigenous peoples and for the JHEOA to respect their chosen Christian faith and, in the spirit of 1Malaysia, allow them to proceed
peacefully in building their church at Pos Pasik without further obstacles,” they said.

The youth wing of the religious umbrella body will also be setting up an online petition in support of the Orang Asli communities.

Orang Asli fight back

It was previously reported that the Orang Asli community in the Temiar Village of Pos Pasik, Kelantan, had built a church halfway, only to be met with a letter from JHEOA last month saying that their application had been rejected.

The federal government agency also issued a stop-work order in their Aug 9 reply to the village head, Setmen Belungei, who had written to inform the department that they would be replacing their existing structure made of bamboo and leaves.

The agency did not include any other reason for their stop-work order, apart from the community not obtaining prior permission.

To that, Setmen – through his lawyers – has fought back, saying that his initial letter dated May 20 was merely to inform, and not to seek approval from the department.

In a copy of the correspondence from his lawyer, Lum Chee Seng, to the department, it was also stated that the rejection was “baseless”.

“You have failed in stating any reasons in your letter on why my client’s intention to build a church has been rejected. Therefore, your rejection is unreasonable, baseless, unfounded and illegal in the eyes of the law.

“With that, your letter will be ignored,” said the letter obtained byMalaysiakini.

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