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SHAH ALAM - Malaysia should legally recognise Orang Asli customary land rights and strengthen enforcement of sustainability standards before approving new plantation projects, says environmental group Pertubuhan Pelindung Khazanah Alam Malaysia (Peka).
Its president Rajesh Nagarajan said economic development and forest conservation should not be treated as competing priorities, arguing that the real issue was development that ignored the rule of law.
"Growth and forest protection aren't opposites; the real failure is growth that skips the rule of law," he told Sinar Daily.
Rajesh said the government should first secure legal recognition of Orang Asli customary land before issuing new plantation licences.
He said existing legislation continues to treat Orang Asli land as something granted by the state rather than land that inherently belongs to indigenous communities.
He also called for cumulative environmental impact assessments instead of evaluating projects individually, arguing that the current system often fails to account for the combined impact of multiple developments within the same landscape.
Beyond environmental safeguards, Rajesh said greater transparency and accountability were needed throughout the land approval process.
He said Malaysia should measure development by factors beyond plantation expansion and export earnings, including forest conservation, biodiversity and the long-term wellbeing of Orang Asli communities.
"We should also be measuring forest cover retained, biodiversity intact, and whether Orang Asli communities are better off or worse off five years after a project breaks ground.
"Right now nobody is measuring that last one, which tells you what it would show," he said.
Rajesh also questioned Malaysia's continued reliance on plantation expansion as the primary model for growth.
"There's more yield to be found on existing plantation land through better practice and rehabilitating degraded land than there is in clearing what's left of the forest – and it comes without a human rights bill attached," he said.
On sustainability certification, Rajesh said stronger enforcement was just as important as having standards in place.
He noted that while the Malaysian Sustainable Palm Oil (MSPO) certification requires companies to obtain Free, Prior and Informed Consent (FPIC) before developing customary land, compliance remains inconsistent.
"The clause exists. What's missing is a certification body willing to withhold or pull certification when it's ignored," he said.
Rajesh called for stronger statutory protection of Orang Asli customary land rights, independent environmental impact assessments that are not commissioned by project proponents, and greater transparency by making land-use decisions publicly available before they are approved.
"Sustainability that only shows up on a certificate isn't sustainability, it's paperwork," he said.
