Penan headman demands full apology

KUCHING: Penan headman Juwin Lehan of Long Win village in Tutoh, Baram demands from a local newspaper, the Borneo Post  a full apology and retraction of the article with the headline ‘Penan sever ties with rights, environmental groups’ which was featured in the page two of the paper on May 8, 2012.

Juwin in an telephone interview today with BRIMAS (Borneo Resources Institute Malaysia) said that what was written in the paper were false and he never knew there were journalists present recording his meeting with the Miri Resident, Antonio Khati Galis and the Penan Community leader Temenggong Datuk Hassan Sui at the former’s office.

“I was invited to the Resident’s Office by Temenggong Datuk Hassan Sui for a meeting with the Resident and himself and initially, I was not sure what the meeting was about,” said Juwin.

Later, when Juwin and his wife went to the Resident’s Office, he learnt that the meeting was to inform him that his name has been short listed as a candidate to be a Community Chief or Penghulu.

“During the meeting, apart from the Resident and the Temenggong there were a few other people present whom I do not recognise.

“They asked me questions about my involvement with non-governmental organisations (NGOs) and warned me that I would not be qualified to be Penghulu if I continue to work with NGOs,” Juwin said, denying that he ever made a statement that said that he was misled by local and foreign human rights groups including Sahabat Alam Malaysia (Friends of the Earth Malaysia).

He also denied that the Penan communities had not benefited from the funds raised by the groups to assist their community.

“All I said was the Penans are still lagging behind other communities. However we are not against development and we are willing to work with anyone who is willing to assist our community be it the government or the NGOs.

“I am very disappointed with whoever was the mischievous reporter who had very irresponsibly and unethically put words into my mouth and distorted what I had actually said during the meeting.

“In any case, I am not desperate for any position, Penghulu or otherwise,” added Juwin.

Meanwhile, BRIMAS Executive Secretary Mark Bujang alleged that Juwin was misled and trapped by the Resident Antonio Khati Galis and Temenggong Hasan Sui to come to the office and to condemn NGOs.

“They wanted to make use of him to say bad things about NGOs in exchange for a Penghulu appointment.

“They have their own reasons and motive for doing so,” said Bujang, pointing out that BRIMAS was disappointed with the article in their daily alleging that the Penans were being manipulated by the NGOs.

“The media should be more responsible in their reporting and should not distort the truth to benefit certain people in power,” he added.

It is understood that some NGO lawyers are studying the statement made by Juwin to the Borneo Post and are trying to get his full details  before deciding whether to take legal action or not.

In the article, Juwin was quoted to have said that the Penan community in Baram had now realised that local and foreign human rights groups never really cared for their plight when they claimed to champion their rights locally and internationally.

He said that the community from Apoh Tutoh in the interior of Baram had now realised that they had been taken for a ride and misled by these groups including Sahabat Alam (Friend of the Earth).

He said that they were showered with many promises and they said they would bring changes to their community.

They were all just empty and sweet promises as nothing good had come out from their promises, he said, pointing out that they were fooled by the groups to erect blockades in the interior of Baram.

“Funds were raised internationally by the groups but none was given to the community and they had not benefitted from the funds raised,” he added.

The Penan chief said that his community no longer wanted to have any connection and relation with those organisations.

Senseless Arrests Reign in Sarawak

SAHABAT ALAM MALAYSIA
FRIENDS OF THE EARTH, MALAYSIA
258, Jalan Air Itam, 10460 Penang, Malaysia
Tel: (6) 04 - 2286930 Fax: (6) 04 – 2286932

3rd Dec 2010

Senseless Arrests Reign in Sarawak

Sahabat Alam Malaysia is gravely concerned over the recent arrest, four-day remand and the subsequent charge under Section 307(1) of the Penal Code of an Iban Mr. Liam Rengga from Rumah Kilat in Sungai Senga, Pandan-Sebauh, Bintulu on Nov 23, 2010. We indeed have cause for serious concern over this latest arrest of a Sarawak indigenous community activist, as Section 307(1) carries the very serious charge of attempted murder. It carries a sentence of between 10 and 20 years jail, and a fine.

The arrest of Mr. Liam, 41, took place during the late afternoon of Nov 17, 2010 at his farm hut in Ulu Sungai Seplai which also saw his traditional parang, or the 'Duku Latuk', used for work on his farm, seized by the police. His arrest is believed to be connected to a police report made against him by a personnel of an oil palm plantation company, whose operations are said to have encroached into Mr. Liam’s traditional village territory.

In his police report lodged after his release on Nov 23, 2010, Mr. Liam alleged that a day prior to his arrest, he had bumped into two men whom he believed were agents of an oil palm company whilst putting up a no-entry signboard to outsiders on his land. Mr. Liam claimed to have spoken to the men on the communal hunting prohibition in the area upon catching sight of a shotgun in the men’s vehicles before being told off by the latter to not cause a ruckus (“lu jangan buat hal”).

According to Mr. Liam, the initiative to put up the signboard was primarily meant to deter outsiders from hunting in his village territory as well as for security reasons.

Mr. Liam has been fighting for the village native customary land that was encroached by the plantation company without the people’s consent. As a matter of fact, he and others are in the process of filing a legal suit against the company. Led by him, the Rumah Kilat community has set up a residents association last year, the Sungai Senga Residents’ Association (SSRA) in order to better protect their collective interests in this regard.

Since the association was registered on July 20, 2010, regular campaign work to defend their native land rights has been carried out. They include informing the company and government authorities in an official letter dated Aug 31, 2010 of the environmental pollution and health of his village and villagers, respectively, being affected by water pollution from the plantation. SSRA also issued a warning letter to the company on Oct 24, 2010, urging its workers to refrain from using the private road that runs through his village native customary land.

On Sept 15, 2010 letters on SSRA’s objectives and functions were sent to the plantation company and several government departments in Bintulu including the District Office, Department of Land and Survey, Health Department, Forestry Department and the Police. The letter also included a copy of their SSRA registration with the Registrar of Societies, and Sungai Senga’s boundary map.

Mr. Liam’s plight brings to mind the spate of criminal charges and detention of an almost similar nature that over the years have befallen other indigenous persons in Sarawak engaged in land rights defence of their traditional territories against logging or plantation corporations in the state.

One such case is the charge against Penan villagers from Long Lunyim, Mr. Semali Sait and his father Mr. Sait Kiling, who were detained for alleged criminal intimidation under Section 506 of the Penal Code on Sept 4, 2003. A year later following numerous court adjournments, the charge against them was withdrawn but the experience proved to be a highly intimidating one for the two villagers.

Given the existence of such a trend, we fear that Mr. Liam may experience a similar injustice like that of Mr. Semali Sait and Mr. Sait Kiling, where credible evidence failed to be adduced by the state during the trial, leading to the eventual withdrawal of the charges.

In mid-October this year, seven community leaders in Sebuyau, Simunjan including NGO Sarawak Dayak Iban Association (SADIA) secretary-general Mr Nicholas Mujah were arrested based on allegations of arson to a timber camp. Although they were eventually released on Oct 25, 2010, the allegations were unjust particularly where evidence was unsubstantiated. These arrests similar to most detentions of indigenous people speak of harassment and intimidation on NCR landowners to halt the campaign to protect their rights to life and land.

Therefore, we are indeed very concerned that the arrest and charge may possibly be undertaken in order to intimidate and silence Mr. Liam. He is due to appear in court on Jan 6, 2011 and is currently out on bail. He has been asked to report himself to the Bintulu Police Station every first week of the month.

Mr. Liam categorically denied that he and his people had ever engaged in criminal behaviour in their fight to defend their traditional territories. He finds the charge of attempted murder extremely outrageous, illogical and way out of line – it certainly has the effect of tarnishing his good name, although he vows not to let his current predicament affect the community land rights struggle.

“I will continue championing our rights. If anything, I am more spirited now than I was before and will fight till the end,” he said. He added that he was prepared for an assault because of the hostility between his villagers and the company workers resulting from the dissatisfaction over the plantation licence and its occupation over their land.

Taking into account all of the above, we therefore strongly urge that the charge against Mr. Liam, who is the sole breadwinner of his family, be dropped if the state is unable to gather concrete and comprehensive evidence.

We also call the Sarawak State Government to affirm the native customary rights of the Rumah Kilat community and to positively engage them by providing meaningful responses to their grievances, as communicated in the letters mentioned above.

Finally, we strongly urge the authorities to stop the intimidation and persecution of native leaders who are fighting for their lawful rights.


S.M. Mohamed Idris
President

Another blatant disregard for the natives

KUCHING: Sahabat Alam Malaysia (Friends of the Earth) has condemned the State Government of Sarawak on reneging on its pledges to help the Penan community to live a new way of life.

“Despite their pledges contained in a memorandum signed last year between the Penans and the government, the government has completely failed to honour them,” said S. M. Mohamed Idris, SAM President in a statement emailed to FMT.

The five pledges were:

#1) to make an effort at bringing Penan Community leaders to meet with higher authorities in order to discuss on matters concerning their land and traditional territories;

#2) to make an effort at bringing the Penan community’s application for the construction of kindergartens and primary schools at each Penan longhouse to the appropriate authorities;

#3) to increase the number of community leaders for the Penan communities;

#4) to make an effort at introducing agricultural activities that are suitable for the Penan communities; and

#5) to make an effort at obtaining financial allocations for the housing and healthcare needs of the Penan community.

These pledges were a counter-proposal to the demands made by the Penans which included to stop all logging operations and encroachment on their NCR land to avoid starvation among their people because of shortage in forest resources; the government to acknowledge their NCR status upon their land and recognise their boundary; to allow them to decide about their developments that involve their NCR land; and for companies to respect their rights to their ancestral land and way of life.

“We are troubled by the fact that in spite of the revised and water-down contents of the memorandum of understanding, the State government has yet to fulfill any of the pledges to assist the Penan community a year later,” said Idris.

He said that compounding the matter is the fact that in the months following the signing of the MoU, YB Lihan Jok, state assemblyman for Telang Usan was quoted in news daily in December that the State government wanted the Penan community to relocate to a government resettlement site similar to the Sungai Asap Resettlement project.

The newspaper quoted him as stating that the demands in the MoU will only be fulfilled if the community agreed to being relocated to the site.

“Apparently, the state government wanted the Penan community to stop living a semi-nomadic life and to settle in one place with jobs in rubber plantations and only then will plots of land be provided for them.

“Following this SAM has written to the state authorities to request them that consultations should be conducted to inform the community of this plan, but to date there has been no response.

“Also perplexing the community is the question of RM2.7 million government allocation of Penan housing as announced by Miri Resident, Dr. Ngenang Janggu in the Borneo Post on 18 September 2009,” he said.

In relation to the symbolic event, the Sarawak Penan Association (SPA) has rightfully asserted that the state government cannot continue to act and function in such a non-transparent governance process that is, uninterested in community consultations and information disclosure.

Idris said: “We also strongly support the SPA in its position that the community cannot be forced or threatened to move from their rightful home. The right to livelihood and property is a right protected by the Federal constitution.

“We believe that the poor governance system is Sarawak pertaining to forestry, land and NCR matters has long needed some major transformative changes. We therefore believe that fulfilling of the people’s demands this time around and a serious study on all their existing grievances will be a right step in this direction,” he said.

Meanwhile, more than 150 Penan villagers from Sg. Layun, Apoh, Tutoh and Patah gathered in Kpg. Long Nen and Long Belok to stage symbolic blockades in commemoration of their one year blockade anniversary on 2 September 2010 which brought the logging industry to a halt.

At 7.00 am on that day the villagers from Long Nen, Long Belok, Long Sayan, Long Kevok, Long Bangan and Ba’ Marong with banners while holding placards across logging roads to reinstate their demands which were unfulfilled by the government despite signing the letter agreeing to them in a memorandum of understanding (MoU).

The blockade erected last year which lasted for more than a month from August to September was compelled by the apathy shown by the state government towards the communities and their native customary rights (NCR).

Their land has been continuously plundered by logging and oil palm companies despite the strong opposition displayed by the communities over the last three decades.

Following the setting up of blockades last year, the Penans from Long Nen and Long Belok issued the four sets of demands to the state authorities.

In response, the Telang Usan assemblyman turned up at the blockade site and instead of listening to the genuine demands of the Penans pressured them into agreeing to the government’s pledges to assist them.

Until today, none of the pledges has been fulfilled.