CALL FOR ORANG ASLI COURT A POSITIVE MOVE

MEDIA RELEASE 16 JANUARY 2012

CALL FOR ORANG ASLI COURT A POSITIVE MOVE

The proposal by Andrew Khoo, chairman of the Bar Council’s Orang Asli’s Rights Committee, for an Orang Asli Court to be set up is most opportune and I fully support his call. Currently native customary land rights cases are heard in the civil courts where no particular judge is specialized in this area of law. To date, I fully commend the judges before whom I’ve appeared in the conduct of my cases for their earnestness and diligence in understanding all facets of the matters brought up before them. However, the setting up of a special court for such cases would be a boon for all parties involved as well as for the judicial system.

Judges who are new to NCR cases naturally take time to fully digest and appreciate the issues at hand, and to understand the various terms used in NCR claims. They are required to take into consideration the adat or customs and the background of the various indigenous groups who appear before them for redress. In terms of time and cost saving, having a specialized court with judges who are fully conversant in such matters would be enormously advantageous as the time taken to hear cases would be considerably shortened. Our clients often have to travel a long way to attend court and can ill-afford frequent visits and long stays in the towns and cities. A specialized court would help to improve their access to justice.

In terms of evidence and procedure, an Indigenous Court should be more friendly and accommodating in their approach, taking into consideration that the courtroom is an alienating and intimidating place for the indigenous people.

More and more native landowners are becoming aware of their rights and the availability of the courts as an avenue for justice where their rights to land have been violated by companies, often with the connivance of those in authority. The log book in my law firm for NCR claims has reached the 200 mark, with around 100 active files. I urge our new Chief Justice to recognize the needs of our native community and to establish an Indigenous People’s Court so that the protection guaranteed to them by our Federal Constitution can be more speedily and effectively enforced.

Baru Bian
State Assemblyman
N70 Ba’ Kelalan