Environmental and Civil Society Organisations Call for Justice in Kelaik Customary Land Rights Case

Solidarity for Orang Asli Rights and Forest Stewardship - Decision on In Situ Visit Delayed

A coalition of civil society and environmental organisations stands in unwavering solidarity with Orang Asli Kelaik, following crucial testimony in their customary land rights case at the Kuala Lumpur High Court (March 10–12, 2025). The lawsuit, filed against various companies and government ag encies, exposes serious violations of Indigenous land rights and the destruction of vital ecosystems—carried out without Free, Prior, and Informed Consent (FPIC).

The Kelaik community’s fight for justice is a powerful reminder of the urgent need to uphold Indigenous rights, safeguard Malaysia’s ecological heritage, and prevent the continued erosion of Orang Asli and Asal culture and traditions.

Testimonies Uncover the Cost of Forest Destruction

Over three days of hearings, the court heard emotional testimonies relayed by plaintiffs Ahak bin Uda, Anjang bin Uda, and Aziz bin Angah about the destruction of their ancestral land and cultural heritage. Ahak detailed how logging and land transfers—without their Free, Prior, and Informed Consent (FPIC)—have devastated their farms, polluted rivers, and cut off access to traditional roaming areas. Anjang reinforced these claims with population records and customary land maps, while Aziz highlighted the loss of sacred sites and disrupted funeral traditions. Their testimonies, backed by documentation and a 2012 police report, underscore the community’s fight to protect their land and heritage.

Their testimonies were backed by expert anthropologist Dr. Kamal Solhaimi bin Fadzil, along with comprehensive cultural and population documentation presented by Abdul Shazni, supported by Amirah Haziqah.

Decision on In Situ Visit Delayed

The court’s decision was to reject the plaintiffs’ request for an in situ judicial visit to Tanah Adat Kelaik before cross-examination, which would have allowed judges to see firsthand the cultural, historical, and ecological significance of the land—as well as the damage inflicted on the community. However the judge stated that an in situ visit, if necessary, could only take place after the cross-examination.

A Critical Legal Precedent for Indigenous Land Rights

The Kelaik case is part of a broader struggle faced by Orang Asli and Orang Asal communities across Malaysia, who continue to suffer land dispossession, environmental destruction, and legal injustices. This case could set a critical precedent for Indigenous land rights and responsible forest stewardship in the country.

The next court hearings are scheduled for June 15–16, August 26–27, and October 27–29, 2025. Civil society groups will continue to monitor the proceedings and amplify the voices of the Kelaik community.

Kampung Kelaik Village Secretary Anjang bin Uda said:

I’m not sure what the court’s decision will be, but I leave it to them to decide. For now, we can only wait and see. I hope NGOs and supporters will continue to follow the hearings and bear witness to what happens next.

Greenpeace Malaysia Public Engagement Campaigner Nur Sakeenah Omar said:

Orang Asli are the guardians of the forest. If the government is serious about protecting the forest, they should listen to the Orang Asli, give them the rights to their Tanah Adat, and hold companies to account for them committing deforestation and polluting the land.Suara Rakyat

Malaysia (SUARAM) Senior Programme Coordinator Amirah Haziqah said:

This struggle began in 2012, with the court process starting in 2021. After years of waiting, the trial is finally set to begin in 2025. Over the past four years, extensive destruction has occurred in the customary land of Kg Kelaik. Despite these challenges, the community remains steadfast in their fight for recognition of their land rights and compensation for the damage caused by the company. Their persistence in seeking justice underscores their unwavering commitment to protecting their heritage and livelihood.

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For media inquiries, please contact:

Andre Edward, Greenpeace Malaysia Communications & Engagement Campaigner, andre.edward@greenpeace.org, 014-365 3465

Amirah Haziqah, Suara Rakyat Malaysia (SUARAM) Senior Programme Coordinator, peoplesbhr@suaram.net, 014-7341914