KUALA LUMPUR, MALAYSIA
The landmark settlement recoreded in the Federal Court of Malaysia was with highway authorities in considerastion of the taking away of their ancestral land for development.
Authorities forcibly acquired 38 acres of land in 1995 related to the Kuala Lumpur International Airport. A 15-year legal battle for the Temuan tribe would be precedent for more than 150 land rights cases still pending in court. Was this change in tune led by another recent Court decision in East Malaysia?
The High Court ruled in 2002 that the Orang Asli enjoyed native title rights and should be compensated. The verdict was upheld by the Court of Appeal in 2005 but the defendants appealed to the Federal Court. Pursuant to the Settlement, the Appeal by Malaysian Highway Authority, the federal government and the contractor withdrew their appeal and agreed to compensate some 26 Temuan families
This is unlike other land Settlement cases as this Settlement “recognises” native title rights to their traditional land. (There is a plethora of cases on compulsory acquisition with regard to this project, just now being decided in KL High Court)
This Judgment on ancestorial rights echoed the other legal cases in East Malaysia. Land rights are a key concern for the country's indigenous people, many of whom have been pushed off land without compensation by state governments to make way for development.
