What’s really left of our forest, Taib?’

Does the Sarawak government even know how much of the state's rainforest is left?

KUCHING: Conflicting statements from Chief Minister Taib Mahmud and his much-speculated successor Awang Tengah Ali Hassan over the size of Sarawak’s remaining rainforest have raised more questions.

According to Sarawak PKR chief Baru Bian, last week Taib said that 48% of the land mass in the state was still covered with forest.

The same Taib in a YouTube video posted last year claimed that 70% of Sarawak’s forest was intact, which is equivalent to about 8.68 million hectares (ha). This year the figure is 6 million ha.

“This means that in just over one year, 2.68 million ha of our forest has been destroyed. Is the chief minister intending to continue clearing what is left?

“Will the figure next year be five million ha? What about the disastrous consequences of the deforestation that have been carried out to date?” asked Bian.

Sarawak’s total land mass is about 12.4 million ha.

Taib’s statement also contradicts comments made by Awang Tengah, who is Resource Planning and Environment Second Minister, on the same issue.

Bian said in February this year, Awang Tengah declared proudly at the World Wetlands Day celebrations that the state is more than 80% covered with forest.

He also declared that the state has targeted to turn some one million ha of its natural forest by 2020 into totally protected areas in the form of national parks and wildlife sanctuaries.

A further six million ha will be left untouched to become permanent forest while another two million ha has been approved for forest rehabilitation programme.

“Now we’re left confused. If the chief minister says that there is only six million ha of forest left and Awang Tengah says one million ha will be turned into totally protected areas and six million ha will be left untouched, then all logging activities should stop immediately to preserve the six million ha that is left.

“But that still leaves us with one million ha short for the totally protected areas.

“Clearly, the authorities do not wish to disclose the statistics to the public, judging from the conflicting figures presented to the public.

“Perhaps they do not know themselves how much of our forests is left. At the same time, they deny the claims of environmentalists that judging from satellite images, Sarawak has lost up to 90% of its primary forest cover.

“The land belongs to the people of Sarawak and the authorities have been entrusted to manage and protect this precious lifeline of the people.

“The least they can do is to disclose the accurate figures to the public instead of giving us such confusing and conflicting figures,” Bian said.

Define ‘forests’

He said the conflicting statements are not helping dispel people’s growing distrust of the BN government.

Already hogging the alternative media headlines and online Radio Free Sarawak broadcasts are widespread allegations of land grabs and self-enriching projects by those in power.

Said Bian: “There are now more questions than answers. What are they to do with the countless number of people displaced and dispossessed by logging and plantation companies which are now fighting for their NCR lands?

“What about the destruction of the habitat of wildlife by these companies and the loss of the sources of food and medicinal plants for the people who live off the land?

“And the pollution and silting of the rivers caused by the logging activities and the resulting loss of fish and aquatic life?”

He also questioned the quality of the remaining forest and urged the government to define the term “forest”.

“Do planted forests and plantations come under the government’s definition of ‘forest’?

“How much of the merchantable timber is left? In many areas, the natives are left with low-grade timber which they cannot use for building their houses or boats.

“The other burning issues for me are how much of the land in Sarawak are plantation land, and protected forests and how much of the protected areas have been excised for plantations by the government,” said Bian, who is also Ba’Kelalan assemblyman.

-  Free Malaysia Today

‘King’ Taib still spouting empty promises

(Taken from Free Malaysia Today)

February 4, 2012

What wealth can Taib Mahmud promise Sarawakians when the state has already been ripped off?

KUCHING: When Abdul Taib Mahmud became Chief Minister on March 26, 1981, he promised he would turn Sarawak into the “richest state” in the Federation of Malaysia.

Sarawak then had plenty of resources – oil and gas, timber and land.

But today, 31 years later, Sarawak under Taib has become the third poorest state in Malaysia.

And the question here now is: where have the state’s resources gone and to whom?

At a Chinese New Year dinner to celebrate the 33rd anniversary of the Federation of Kuching and Samarahan divisions’ Chinese Associations on Thursday, Taib again proclaimed that by 2030, Sarawak would become the “richest state” in Malaysia.

His declaration, however, rings hollow. Taib and and his family’s vast network of businesses that cuts across global borders and the unimaginable wealth amassed puts him firmly as one of the richest in men in the world, wealthier than even England’s Queen Elizabeth. His wealth allegedly originated from Sarawak reources.

Responding to this proclamation, Sarawak PKR chief Baru Bain said: “Has he (Taib)become so desperately short of ideas that he is recycling his speeches from 1981 when he became the chief minister?

“This is the sort of promise a fresh-faced leader would make upon assuming office, when he is full of vigour and inspiration, and driven by visions of development and progress for his state and people.

“That Taib should still be spouting his empty promises 31 years after taking office is proof that he has been and is a failure as leader of the state.”

No reason to let BN continue

“Let him answer these simple questions: Why is it that you have failed to achieve this status for Sarawak in the 31 years you have been chief minister?

“What exactly have you and your ministers been doing all these years aside from enriching yourselves and your families?

“Why should we give you and Barisan Nasional another 18 years when you have failed us so badly for the last 31 years?”

Bian, who is Ba’Kelalan assemblyman, said that in his speech, Taib called on the people to look at the success rather than the failures in the past.

“What success is he referring to? The most significant statistic and one that speaks volumes about Taib’s reign is this: Sarawak has the dubious distinction of being the richest state in natural resources but at the same time, one of the poorest in the country.

“Sarawak also has the dubious distinction of having a chief minister who is reputed to be wealthier than the Queen of England.

“The shocking revelations made over the past year about the Taib regime’s wealth, businesses and properties in 25 countries around the world is an indictment of the corruption that has blighted this once pristine land.”

Taib has ‘robbed’ the state

Recalling Taib’s pre-election speech in April last year, Bian said at that time Taib had promised that Sarawak would become the richest state by 2020. It was part of the state BN’s manifesto.

“So, why now has the goalpost been moved forward 10 years in the space of less than a year?

“Does Taib actually keep track of the nonsense he feeds to the masses? Does he actually have a plan in place or is he making up stories in his old age?

“In his speech at the dinner, Taib also said that every community in the spirit of give and take can find a place in our struggle to build a better future.

“Many Sarawakians can attest that Taib, his family and cronies are exceptionally accomplished in the practice of ‘taking’ – amassing obscene amounts of wealth from land grabs and awarding contracts to family-controlled companies.

“They have effectively robbed the people of their lands and livelihood so that the once-proud natives are reduced to struggling with poverty and hardship.” 

Only Pakatan can help Sarawak

Bian added that Taib’s claim that Sarawak will become the richest state in country by 2030 was “spot-on” but only if Pakatan Rayat and its leaders come into power.

“I have to agree, however, with one point made by Taib. He is absolutely spot-on in saying that Sarawak will be the richest state in Malaysia by 2030 (or even 2020) because the state has better leaders coming up in the future.

“What he omitted to say was that these leaders are from Pakatan. Our leaders are people-oriented, and not self-serving opportunists like many of the current BN politicians.

“Our leaders are motivated by altruism and not by greed. Our leaders are committed to undoing the damage done by Taib and his ilk.

“Our leaders are determined to make up for years of neglect and abuse of the natives by the government.

“Our leaders have policies to develop and prosper the people and the state.

“I fully support the call of Taib to help these leaders so that they can come up and take the challenges to build our country together,” he said.

Govt trying to hoodwink landowners

KUCHING: A Sarawak PKR leader today accused the BN government of trying to hoodwink and mislead the indigenous communities so as to maintain their electoral support by saying that the declaration of native communal reserves is a confirmation and a statutory recognition of native ownership over their NCR land.

“There is no truth and substance in the statement of the lands and surveys that a declaration of native communal reserves is a confirmation and statutory recognition of native ownership over their NCR land,” said Ali Biju, vice-chairman of Sarawak PKR.

Ali, who is also the state assemblyman for Krian, was commenting on a statement issued by the lands and surveys which dismissed Ali’s earlier claim that the perimeter survey and the declaration of NCR land under section 6 of Sarawak Land Code as native communal reserves will downgrade the NCR land status.

“Contrary to Ali’s claims, rights over the land gazetted as communal reserve land was administered and regulated by the native system of personal law of the native communities concerned,” said the statement.

“This means the acquisition, usage, transfer or transmission of rights and privileges over land, buildings or any structure thereon shall be governed by the customary law of the native communities for whose benefit the communal reserve is declared.

“Lands within a native communal reserve are not held by the natives on trust for the government as alleged by YB Ali Biju.

“The native communities having a native communal reserve have control over their land and will also be able to detect and prevent any unlawful intrusion or encroachment upon their land because the gazette will describe clearly land within the declared native communal reserve and refer to an official plan to define the precise boundaries thereof,” said the statement.

In countering the statement, Ali said: “The BN government is trying to hoodwink and mislead the indigenous communities so as to maintain their electoral support by saying that a declaration and a statutory recognition of native ownership over their NCR land.

“There is no truth and substance in the statement of the lands and surveys,” he said.

Section 6 (3) of the land code which concerns native communal reserves provides that ‘such land (native communal reserves) shall continue to be state land, and the native community for whose use it was reserved or any member thereof acquiring any rights therein shall hold the same as a licensee from the government....’

Ali said: “There is no difference from the presently native in occupation of NCR land without a document of title, that they are ‘deemed to be holding by licence from the government’ according to section 5(1)(i) of Sarawak Land Code.

“The land code is in need of a total revamp, in view of the authoritative judicial interpretation and elucidation of the meanings and scope of NCR, to be of relevance and proper and legal application,” he said.

“The perimeter survey works carried out by the government is a relegation and unlawful confine of the NCR, benefiting only those ‘BNputras’ who are prying on NCR land for their own financial gains, through their control of state government and state machineries,” Ali claimed.

The perimeter survey is a project of Prime Minister Najib Razak to win over the hearts and minds of the native communities.

It was launched just before the state election in April when he announced an allocation of RM20 million to carry out the project.

Another RM60 million was added to the amount during the campaigning period.

There are more than 1.6 million hectares of NCR lands which were hot issues during the state election especially when the Opposition accused the government of taking away the lands and leased them to oil palm conglomerates and timber companies.

Unhappy landowners have sued the government. Currently there are more than 200 cases pending hearing in the High Court.

Court awards villagers RM67m

April 9, 2011

By Priscilla Watson

(The story appears in Free Malaysia Today)

BINTULU: Some 640 villagers from Kuala Nyalau and Ulu Nyalau here were awarded RM66.75 million by the Bintulu High Court, bringing to an end a 13-year-long legal battle between them and the state government.

Deputy Registrar of the Miri High Court, Musyiri Peet, arrived yesterday in Bintulu to deliver the ruling in the High Court here.

He also ordered the state government to pay RM200,000 cost and imposed an 8% interest rate per annum effective from 1998 until 2011.

Musyiri, in assessing the damages before awarding the amount to the villagers, said he had taken into consideration various factors like not all teak trees were growing well and that they were not matured yet for harvesting. A legal officer from state attorney-general’s office was also present when the judgment was read out.

Villagers Amit Salleh, BakDrahman, Sapuan Abdullah and Chapon anak Banyai, on behalf of 636 other villagers, had sued the superindent of the Land and Survey Department, Bintulu, the Minister of Planning and Resource Management and the state government of Sarawak for seizing their land.

In their statement of claim, the villagers claimed the government had expropriated 3,022 acres of native customary rights (NCR) land in 1998 for the purpose of constructing an aluminum smelter plant.

The villagers said they were given an alternative site located in Tanjong Panyung, which was swampy and unsuitable for planting.

The villagers were seeking damages of RM101,932,180 being the loss of profit and income purportedly derived from the 713,390 teak trees and 3,000 plus sendang trees which they had planted on the site prior to the seizure by the state.

They won the case in the Bintulu High Court presided by Justice Abdul Aziz Abdul Rahim.

Dissatisfied with the judgment, the government had appealed the matter before the Appellate Court.

The Appellate Court, however, upheld the High Court’s ruling.

Still disgruntled, the government further appealed the case before Federal Court, but the judgment remained at status quo.

POLISI PEMANSANG TANAH (NCR) BN

Nitih ka polisi pemansang tanah hak adat Bumiputra BN, tanah bala Bumiputra, lebih agi bala Iban, diserah ngagai syarikat ti bebesai, dikena nanam utai.

Taja dalam keretas bala Iban agi ngempu tanah sida, tang ia ti bendar, bala sida udah nyerah ka semua hak enggau semua tanah sida nya ngagai syarikat ti nanam utai baka sawit ba tanah sida nya.

Bala Iban ti nyerah ka tanah nadai hak nentu ka gaji sida iya lalu mega nadai nentu ka dividend ti patut dibagi ngagai sida iya tiap taun.

Hak sida ngena tanah sida nya lalu lenyau. Syarikat ti nanam kelapa sawit nya lalu nguasa semua utai.

Gaji ti diberi syarikat nya tekelalu mit sampai ka bala ti empu tanah nya tepaksa ninggal ka rumah tanah sida lalu ngiga kerja ka bukai.

Di Johor aja bisi 40,000 bala Iban bekuli. Kena 13 Mei 2009, Menteri Pemansang Tanah madah ka bisi 823 bala Iban ti ngempu NCR sida bekereja ba tanah ti udah diserah ngagai syarikat ti nanam kelapa sawit.

Tang iya mega madah 1,215 iku orang asing bekereja dalam ladang ti patut nguntungka orang ti empu tanah.

Belabuh ari taun 2006 ngagai taun 2009, kira 1,000,000 ekar tanah hak adat Bumiputra Iban udah dikena ngaga lading nitih ka skim pemansang tanah BN tu.

Syarikat nanam sawit udah mayar RM2,301,116.86 ngagai bala orang ti empu tanah. Retinya orang ti empu tanah semina udah diberi RM2.39 sekar tiap taun dalam masa 13 taun tu ti udah. Enti dikira ngena taun, sida semina diberi 18 sen satu ekar dalam satu taun.

Tu nunjuk ka bala Iban udah ditipu teruk agi ari orang ti nipu ulun.


POLISI DAP BA TANAH (NCR) BAKA TU:

Perintah Pakatan Rakyat deka nyukat sereta meri pala tanah ngagai semua tanah NCR.

Perintah Pakatan Rakyat deka meri enggau pechuma semua benih, baja enggau rachun dikena bala Iban enggau Bumiputra bukai betanam ka sawit tauka utai bukai ba tanah sida empu.

Semua untung ari utai ti ditanam bala Bumiputra di tanah sida empu sida aja.

Perintah Pakatan Rakyat enda minta satu sen pulai.

Dalam polisi DAP/Pakatan Rakyat, mayuh orang ti bisi anah deka nyadi kaya.

Sida bisi kuasa penuh atas tanah sida enggau utai ti ditanam sida. Tang ti lebih nyenang ka ati kitai, bala orang muda kitai ti bekereja di menua orang ulih pulai ka Sarawak lalu nyadi orang kaya di menua diri ditu.

The High Court rejects stay of execution

KUCHING: The Kuching High Court today (2 March 2011) rejected an appeal for stay of execution by the four defendants (Land Custody Development Authority, Pelita Holdings Sdn. Bhd, Tetangga Arkab and the state government of Sarawak) against the decision of the High court.

However, they will appeal to the Court of Appeal.

The Kuching High Court on 20 February 2011 ruled that any joint venture agreement between a non-native and native in oil palm plantation is in contravention of Section 8 of the Land Code.

The decision of the court has wide implications on joint venture agreement between non-natives and natives in the oil palm plantations.

There are more than 20 JV companies with natives may be affected by this ruling.

The Pantu natives have sued LCDA, Pelita Holdings Sdn Bhd, Tetangga Arkab and the state government of Sarawak as first, second, third, and fourth defendants respectively on behalf of themselves and 90 others.

The plaintiffs who are ethnic Ibans, natives of Sarawak, claim to be entitled to native customary rights over land in an area described as ‘the disputed are land’ in the Pantu Land district.

High Court Judge Linton Albert who delivered the judgment said that their joint venture agreement was in contravention of Section 8 of the Land Code because neither Tetangga Arkab Sdn nor TETANGGA was subsequently declared a native because it is a principle of antiquity that things invalid from the beginning cannot be valid by a subsequent act.

He said: “Section 8 (a) of the Land Code provides that ‘a person who is not a native of Sarawak may not acquire any rights or privileges whatever over native customary right".

The Court declared and ordered the plaintiffs are entitled to their claim to land under native customary rights in the Sg. Tenggang NCR Development area at Pantu.

It also declared the destruction of the plaintiffs’ respective native customary rights land by the first (LCDA) second (Pelita Holding Sdn Bhd) and third (Tetangga Arkab Pelita) defendants was unlawful and damages to be assessed by the Deputy Registrar to be paid by the first, second and third defendants with interest at 4% per annum from the date hereof until settlement.

It ordered that the first, second and third defendants forthwith give vacant possession of the plaintiffs’ native customary rights land.

Fourthly, the first, second and third defendants and their servants, agents, assignees and successors are restrained from entering, occupying, clearing, harvesting or in any way howsoever carrying out works in rhea plantiffs’ native customary rights land; and costs to the plantiffs to be paid by the first, second and third defendants to be taxed unless agreed.


The plaintiffs were represented by Dominique Ng and assisted by Datuk Seri Daniel Tajem.

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