KROKONG DECLARATION

BAU: The three-day Borneo Forests Conference which was attended by representatives from Sabah, Sarawak, West and East Kalimantan ended on 9 July with calls to their respective governments of Malaysia and Indonesia to recognise the rights of the indigenous peoples of Borneo.

The conference was jointly organised by Sarawak Dayak Iban Association (SADIA), Borneo Resource Institute Malaysia (BRIMAS), Building Initiative in Indigenous Heritage, PACOS Trust, Aliansi Masyarakat Adat Nusantara, Indonesia, and Jaringan Orang Asal SeMalaysia.

Called the Krokong Declaration, it reminds the two governments of their international human obligation to incorporate their rights into the national laws.

It also calls on the two governments to:

Ø ensure the full and effective participation of indigenous peoples in all development policies, plans, assessments and implementation related to indigenous peoples subject to our free, prior and informed consent (FPIC).

Ø impose a moratorium on development projects that have been identified to be implemented and planned in our territories that have violated our rights and do not have our FPIC.

Ø review all existing laws and regulations that undermine our rights as indigenous peoples.

Ø urge the governments of Malaysia and Indonesia to stop and investigate all forms of violence against our people, arising from all the common issues below.

The declaration says: “We, the indigenous peoples of Borneo coming from Indonesia and Malaysia gathered together for the very first time in Krokong, Bau, Sarawak, in the beautiful land of the Hornbills to discuss the common issues faced by the indigenous peoples of Borneo.

“We, the indigenous peoples of Borneo, have very distinct cultures and relations to our land, territories and resources. We strive to maintain these distinct values through our Adat and norms that have been passed down to us from our ancestors for generations. We have lived and nurtured our traditional knowledge, innovations and practices since time immemorial, making us the true custodians of our land, territories and resources.

“We, the indigenous peoples of Borneo have suffered social injustices resulting from the imposition of development aggression on our lands, territories and resources. All these have been done without our free, prior and informed consent (FPIC). We have not been included in the decision making processes, thus we continue to be marginalized and discriminated regardless of our basic human and customary rights to land, territories and resources, as stated in state, national and international laws.

“We call upon our governments, Malaysia and Indonesia, who adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), to fully uphold the rights contained in the Declaration.

“We, the indigenous peoples of Borneo declare our solidarity and unity in declaring the Krokong Declaration to be respected and recognized towards its implementation in Malaysia and Indonesia.

“We are further united by the common threats that face us: mega dam projects, mining and other extractive industries, oil palm plantations, deforestation and forest degradation, and climate change on our island of Borneo. We recognize that these threats are faced by indigenous peoples in Malaysia and Indonesia as well as around the world.

“In Borneo, the development of mega dams has displaced and involuntary forced resettlement of indigenous peoples causing losses of our customary land and source of livelihood, identity and culture. It will also contribute to climate change because of the emission of methane and carbon dioxide from forest clearing and from flooding of reservoir. Water-borne diseases like Malaria and Chikungunya happen more often in areas that surrounds the dam.

“The expansion of oil palm plantations is escalating in alarming and unprecedented proportions that destroy our customary land, territories and resources. This trend brings grave concern to us because it has adversely affected our social culture and livelihoods and unjustly deprived us of the very source of sustenance.

“Additionally, extractive industries such as mining and logging continue to encroach into our ancestral domains which have resulted in land and environmental quality degradation that further impoverish our people. All the extractive industries have contributed to climate change by emitting green house gases (GHGs).

“We are also adversely affected by climate change. Our rivers and land are drying, frequent occurrences of flash floods, unpredictable weather patterns and seasons that threaten our food security. Climate change mitigation schemes such as REDD can create potential threats to the ownership of our forests and our rights.

“All of the common issues above have increased the violation of our human rights in the form of intimidation, wrongful detention, criminalization, killings, deployment of gangsters and the use of para-military force against Indigenous Peoples. Likewise, our traditional values, institutions, governance system and knowledge as well as cultural heritage are being eroded as a result of these,” the declaration says.

The declaration also pledges that they work together as one people and one Borneo to respond to these threats in a united and systematic manner that will ensure the survival and dignity of our peoples.

It says: “We therefore, will work for the establishment of the Borneo Indigenous Peoples Alliance (BIPA) as the expression of our united stand for life and dignity.”

The Krokong Declaration will be submitted to the governments of Malaysia and Indonesia as well as to the State and provisional governments and the United Nations.- The Broken Shield.

Survey of NCR land

During annual general meeting of the Kuching Division of Parti Keadilan Sarawak on Saturday, a resolution was passed urging the State Government to conduct a perimeter survey of the NCR land of the indigenous people, and facilitate conversion into titled land.

Under a revised Sarawak Land Code on which PKR seeks to legislate, the resolution further demands: (a) automatic land lease renewal on expiry of lease; (b) issuance of land leases of 999 years or in perpetuity, and (c) land sequestered under section 47 should be automatically released back to the land owner after two years if no public development takes place. That is the PKR Kuching division’s resolution.

Even a perimeter survey is still not good enough if our NCR lands are being leased for 60 years to oil palm plantations under a JV concept. None of the land owners will be able later on to locate which is his land.

What the government should do is to survey an individual land and issue land titles. If he passes away, at least his children can continue to own the land legally.

By the way the Minister of Natural Resources and Environment, Datuk Douglas Ugah who was briefed on 12 March on Sarawak’s Land and Survey Department at Wisma Pelita on the new land concept to develop NCR land agreed with the above suggestion - that individual lands should be surveyed and be given titles.

I was told that he was not happy with the perimeter survey alone where all the lands belonging to individuals will be lumped together. According to those who were present, Ugah asked a number of questions and the officer just could not answer.

After 60 years, can the land owners identify/locate their lands?

Assuming the present land owners who are in the region of 50 years of age or more pass away, do their children know exactly the lands owned by their parents?

And if they do not know the exact location of the lands, will the lands just disappear like that? Definitely when the 60-year agreement is due, many of the current land owners will pass away. It is for sure that the lands will also “pass away”.

If this happens, it is likely that one day the Dayaks will lose all their NCR lands to all big plantation companies. In fact, the majority of them have already lost their lands.

Is it not possible that the children and their children’s children of the current land owners find themselves as “Kampar” in their own land and as “temuai” in their own longhouses in the future?

Those who are fortunate enough and have academic qualifications may have a brighter future. But for those who are not that fortunate may find themselves scavenging for foods in towns and even sleeping in boxes or under the bridges.

I thought I read something like this already happened somewhere in Sibu and in Miri. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

SADIA asks for help

KUCHING – The Sarawak Dayak Iban Association (SADIA) wants the manipulation and violation of the native rights in Sarawak to be brought to the attention of a United Nation Convention to be held next month in Copenhagen.

“SADIA is not invited to the convention, but please help us to highlight the manipulation and violation of our native rights by timber and plantation companies in Sarawak,” said SADIA President Sidi Munan.

He made the appeal after briefing a high powered delegation from Bangladesh on problems affecting the indigenous people of Sarawak at the SADIA headquarters on Wednesday afternoon (11 Nov 2009).

As guests of the association, the 11-member delegation was in Kuching to study problems faced by the indigenous people in the State.

Led by State Minister Dipankar Talukdar, the delegation which included Members of Parliament, a judge and an UNDP representative had met native leaders in Sabah and Orang Asli in the peninsula for a similar fact finding mission. They will proceed to Jakarta and West Kalimantan on Friday.

Sidi said: “Since your country is going to attend the convention, please help us to highlight problems, the violation, manipulation and exploitation of our native rights which have become very acute in the last five years by plantation and timber companies.

“Not only our catchment areas and our rivers have been polluted, our NCR lands have also been encroached into. Many of our natives have been arrested and jailed for defending their land and their rights,” he added.

He said: “In the meantime, the natives have taken their cases to court, but for their cases to be solved, it would take one year to 10 years. And by that time, there is nothing left of native rights. Thus, the only way open for them is to put up blockades against these companies.”

Sidi said SADIA has been trying to help by highlighting and bringing to the attention of international bodies regarding the problems faced by the natives.

Speaking on behalf of delegation, Dipankar Talukdar said that not much was known about the natives of Sarawak but after they had been briefed and seen a documentary film on the plight of the natives they were now enriching their knowledge.

“Exploitation of natives is a world-wide phenomenon and nobody pays any attention to them,” he said, adding that his country did not have such a problem now as the present government’s policy to help the indigenous people was supported by the majority of the non-indigenous people.

“But let us all, the indigenous people of the world be united in order to ensure a better future,” he said.

After the briefing, they left for a longhouse, Kampung Temiang in Simunjan, where they stayed for the night.

(Note: The story was first published by The Malaysian Mirror and it is reproduced here for the readers of The Broken Shield)