Kampung Kelaik Temiar Rights

THE PROBLEM

The Kg Kelaik community in Kelantan faces a deep and ongoing injustice whereby their ancestral land—central to their identity, culture, and survival—has been severely violated through encroachment by development companies since 2009. 

Despite having lived on the land for generations, drawing sustenance from the surrounding resources and honouring it as sacred ground, the community’s rights were disregarded when the state and its agencies issued licenses for mining, logging, and plantation activities without the community’s free, prior, and informed consent (FPIC). These intrusions have devastated their surrounding environment, destroyed crops, polluted their only water sources, and desecrated sacred burial sites. As a result, the community’s traditional way of life—rooted in harmony with the land—has been deeply disrupted.

The government, bound by law to protect them, has instead failed in its duty, enabling dispossession and silencing the voices of a community that has always called this land home. The state’s failure to recognise and protect their customary land rights, as required under common law, the Federal Constitution, and the Orang Asli Act 1954, constitutes a breach of fiduciary duty and basic constitutional protections. In response, three Kg Kelaik residents filed a lawsuit against 10 companies and 4 government bodies in 2021. To support this crucial legal battle and raise public awareness, the campaign seeks funds for legal fees, a public awareness campaign, and logistical support during trial preparations. 

The Kelaik case is part of a broader struggle faced by most Orang Asli and Orang Asal communities across Malaysia. At its heart, this lawsuit is a plea to reclaim what was wrongfully taken—the ancestral land that has nourished and sustained the Kg Kelaik Orang Asli for centuries. 

THE SOLUTION

In seeking justice, the Kg Kelaik Orang Asli are calling on the court to formally recognise their native customary rights to the ancestral land they have inhabited for generations. They demand that all licenses granted to companies for mining, logging, and plantation activities be declared unlawful and revoked. The community is also calling for the Kelantan state government to fulfil its constitutional and fiduciary obligations by gazetting their land as an official Orang Asli Reserve under the Orang Asli Act 1954, ensuring long-term legal protection from future encroachment. Additionally, they are requesting the court to order full compensation for the destruction and losses they have suffered—including general damages, aggravated damages and exemplary damages—as well as injunctions to halt all ongoing commercial activities on their land immediately. 

The campaign serves as a rallying point for public support, crucial in ensuring the well-being and livelihoods of Kg Kelaik residents. Contributions to this cause directly aid the indigenous community in their fight for ancestral land rights. By engaging with this campaign, individuals stand in solidarity against the corporate exploitation that has long ignored the rights and welfare of the Orang Asli. Ultimately, this is not just a legal case—it is a collective call to restore the Kg Kelaik Orang Asli community’s dignity and right to live peacefully on lands steeped in centuries of historical and cultural significance.

THE IMPACT

This campaign not only secures legal representation and logistical support for the Kg Kelaik community but also contributes to broader goals. Upholding ancestral land rights through legal channels establishes a foundation of legal security, shielding the community from land grabs and arbitrary displacements. The achievement of this would foster a concrete sense of security and stability. Beyond legal victories, the campaign signifies a commitment to human rights, environmental protection, and the preservation of  cultural diversity. Ultimately, success in this case holds the potential to transform not only the immediate circumstances of Kg Kelaik but also sets a precedent for indigenous rights and environmental conservation in Malaysia.

Goal Breakdown

Goal 1 - Legal Fees. Amount Needed: MYR60,000.00

Goal 2 - Logistics for trial. Amount Needed: MYR20,000.00

Goal 3 - Assessment impact on water soil and rock due to land encroachment. Amount Needed: MYR20,000.00

Stand with the Kg Kelaik Orang Asli. Help them reclaim their home, protect their heritage, and ensure their voices are heard.