A Malaysian judge has upheld the appeal of a small tribal group from the State of Pahang, ordering that the case be tried by the High Court. They allege that they have always professed a traditional animist religion and that they have been deceived by their lack of knowledge of the Malay language, in violation of the Aboriginal Peoples Act.
Kuala Lumpur () – 137 Orang Asli indigenous people from the Bateq Mayah tribal group, who claim to have been forcibly converted to the Islamic religion, will finally have the opportunity to take their case to court. Judge Datuk S. Nantha Balan, who chaired the panel of judges, referred their suit to the Kuantan High Court (capital of Pahang state) for hearing, stating that the plaintiffs’ case must be heard because they involve very serious allegations. serious and outrageous cases of illegal forced conversion.
He added that federal and state authorities can present their defense briefs before November 11, while the hearing of the case is scheduled for the following day.
Last year, the Superior Court had granted the request of the federal government and five other defendants to dismiss the civil suit brought by the tribes without hearing its merits. In his verdict, Nantha Balan said that in the interest of justice, the High Court should not have dismissed the suit filed by the plaintiffs on the grounds of expiry of deadlines. Filed on September 28, 2022, the case alleged that the illegal and unlawful conversion took place in April 1993.
This case has revived attention on the Orang Asli, a minority ethnic group mistakenly associated with the Muslim community. It also occurs in government plans and censuses. These 137 people, followers of a traditional animist religion, filed the lawsuit to recover their original identity as non-Muslims. According to the lawyers in charge of his legal protection, the conversion was extorted due to his lack of understanding of the Malay language.
Only years later did they realize that their status violated the Aboriginal Peoples Act 1954, which aims to protect their traditions and protect indigenous people from exploitation and discrimination.
Their situation came to light after the intervention of Orang Asli lawyer and human rights activist Siti Kasim (pictured). Speaking to the media after the process, he stated: «They contacted me more than 10 years ago to tell me about their situation. Even after the Supreme Court granted the federal government’s request last year, they did not give up. Over time, we also brought in other lawyers to help them. “They are determined to get what they want: abandon a religion they never wanted or practiced.”
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