JOAS condemns arrest of Committee Member, reiterates call for moratorium on development projects
13 August 2009
JOAS condemns the arrest of Matek anak Geram early this morning by the police for the crime of allegedly restraining the workers of an oil palm plantation. He was taken into custody by ten fully-armed police personnel at 8.45am and detained for two hours at the Mukah Police Station and charged for allegedly wrongfully restraining the workers of an oil palm plantation company, Saradu Plantations Sdn Bhd. under section 341 of the Penal Code before being released on bail.
Matek, an Iban farmer, a member of TAHABAS (Sarawak Native Customary Rights Network) and Committee Member of JOAS was unarmed when he was arrested by the fully-armed police. For over a year, Matek and his immediate family have been guarding their property against Saradu Plantations who have been encroaching on their native lands. In individual shifts, they have blocked an access road built on their land. JOAS questions the heavy use of force and intimidation against one unarmed man and calls for neutrality of the state infrastructure in this legal dispute between the private company and indigenous peoples.
Saradu Plantation Sdn. Bhd. is a Sarawak oil palm company, which has been given 15,000 hectares of land by the state government to develop oil palm in Balingian. Saradu is also linked to the Sarawak Chief Minister as his brother-in law, Robert Geneid and sister, Raziah Mahmud are majority shareholders of the company.
Matek Geram’s case is just one of hundreds of land encroachment and conflict cases between indigenous peoples and oil palm plantation companies in Sarawak. In light of this, JOAS reiterates its support for the recent call from TAHABAS and other indigenous peoples organizations for a moratorium on plantation development projects. JOAS reiterates its position that the State Government-issued provisional leases are encroaching illegally into our constitutionally-recognized customary lands and forests. Until the government moves towards a meaningful solution with the full and effective participation and consent of indigenous peoples, incidences like Matek Geram will continue to take place throughout the state, to the detriment of the rights of indigenous Sarawakians, the sustainable development of the Sarawakian population and the image of the state of Sarawak and Malaysia.
HELLAN EMPAING CHI TUNGKAT
SECRETARY
JARINGAN ORANG ASAL SEMALAYSIA
Malaysian Indigenous Peoples want moratorium on plantations, other extractive projects.
MIRI, SARAWAK, Malaysia (9 August 2009)
Today is the World Indigenous Peoples Day declared by the United Nations General Assembly under resolution 49/214 in 1994. In commemorating this significant day, we, the representatives of the Malaysians indigenous peoples stand with a united voice, have come up with this press statement as below:
WE, the Indigenous Peoples Organisations, are calling on our respective State governments to stop large-scale plantations and other extractive activities on our customary lands until effective measures to safeguard our rights and the environment are in place.
Over the past decades, our indigenous communities have faced a turbulent survival as a result of our forest being continuously exploited by the timber companies. Logging have destroyed our fundamental existence to livelihood, the plant varieties including medicinal plants, animals and fish have either become threatened or extinct. The bulldozed forests cannot be planted with crops as the soil is compacted and disturbed; crop harvests are reduced and rivers on which the people depend on for water becomes polluted. Forest produce becomes scarce and threatens the survival of the people who have depended on it for hundreds of years.
In Sarawak, our communities are yet to face the worse in the near future. As the sun sets on the timber industry in Sarawak, the current state government is energetically seeking to diversify and broaden its revenue base via land development for oil palm plantations and large-scale trees plantations. These land development activities has time and again encroached into the lands and forests of various indigenous communities’ which claim native customary rights (NCR) over these territories.
The state government considers all NCR land as ‘idle land’ and because of this there is a need to develop these lands for large-scale commercialisation, and bring the native communities into mainstream society in order to alleviate their poverty. This argument was used to promote logging in the 1970s and is now used to justify the introduction of oil palm plantations and industrial tree plantations.
After more than three (3) decades of extensive logging and deforestation, why is it that most of our people living in the interior are now worse off than before. Generally, the politicians paint a picture that logging and plantation schemes “upgrade the standard of living and income of the native communities in the affected areas.”
We are in great doubts and question the reigning “development paradigm,” the idea that these large-scale projects are always beneficial to the indigenous communities. In reality, the indigenous and local community by and large do not benefit from these activities that destroy the resources on their land. The reality is that such projects generate large profits for a small number of people, the elites and the corporations; they also bring social and environmental devastation to the country, and beyond.
We are also deeply concern that the State government of Sarawak has issued licenses for planted forest plantation over as large as 1,397,644 hectares. This still does not include oil palm plantation. Some of these forest plantation estates are established within the native customary rights land areas, water catchment areas of the communities. With the water catchment damaged or destroyed, the communities are no longer able to get clean water. The rivers would be polluted with chemicals and silt that washed down from the forest plantation estates.
As to highlight this, recently Sarawak Timber Industry Development Corporation (STIDC) and a timber company, KTS Holdings Sdn. Bhd formed a joint venture company to develop a 267,000 hectare forest plantation in the state. The joint venture company, PUSAKA-KTS Forests Plantation Sdn. Bhd. have identified three plantation areas, there are Belaga, Kakus and Tutoh in the Kapit, Bintulu and Miri Divisions respectively. Their forest plantation area once established in the state, would affect a lot of areas under native customary land. It is not clear how much of the native population are affected by their forest plantation projects.
We are calling specifically for the Sarawak government to stop the arbitrary issuance of provisional leases to any private companies for the purpose of plantation development projects. We have received numerous complaints from the communities that their customary land areas have been affected by the provisional leases. The plantation companies that have been given the provisional leases have encroached illegally into the customary lands of the indigenous communities. The effects of this have resulted in disputes over rights to land and resources. The acts of the State Government in issuing provisional leases over native customary lands are illegal without the free prior informed consent of the Indigenous communities.
The indigenous communities are concern and they fear that they will lose their customary land which is very fundamental to their existence. There are more than 100 legal actions filed by the Indigenous communities against the plantation developers, the State Agencies and the State government in the High Courts all over Sarawak. We are deeply concern with these land rights disputes and the situation is becoming increasingly tense.
We strongly urge a moratorium on any plantation development projects and call the government to immediately bring about meaningful solutions to all these land disputes problems and land rights issues in Sarawak.
Thank you.
Mr. Michael Mering Jok
TAHABAS President & Spokesperson for the Malaysian Indigenous Peoples Organisations Coalition:-
- Jaringan Tanah Hak Adat Bangsa Asal Sarawak (TAHABAS)
- Jaringan Orang Asal SeMalaysia (JOAS)
- Borneo Resources Institute Malaysia (BRIMAS)
- PACOS Trust Sabah (PACOS)
- Persatuan Wanita Desa Sarawak (WADESA)
- Sarawak Dayak Iban Association (SADIA)
- SPNS & Orang Asli community Reps (Peninsula Malaysia)
This is why PR will never win Sarawak or Sabah. There’s only a few natives – everybody else is robbing it like a dead man’s pockets. The only way PR could wrest it from BN is to promise the carpet baggers even more freedom to convert it to cash and ashes.
Hahaha…. one day, Sabah and Sarawak will just leave Malaysia.
Remember the Penan … how many years now? I remember that word when I was a young boy. Its been decades …
In 1963 when East Malaysia decided to join West Malaysia, the communist threat was very real. The Vietnam War had commenced in 1959 and would continue until 1975. Today, with the collapse of the Soviet Union in 1991, the equation has changed. Geographically, East Malaysia is separated from West Malaysia by some 400 mi (650 km) of the South China Sea. West Malaysia has not given due recognition to the fact that East Malaysia became “independent” on 4 September 1963, insisting that independence day is on 31 August. Economically, West Malaysia takes more than it gives back to East Malaysia. When a relationship is unequal, how long can any relationship last?
The unnamed Federal Secretary signed the PPSR or Preservation of Pubic security Regulation’s order for my detention without trial in 1973 after I had written a few letters including chain letter using anonymous name over what happened when Tun Mustapha and Syed Kecik and other daylight robbers who were corrupted and many abuses of power as Tun M was given the power to arrest anyone after 13 May 1969, and my effort for the good of all did not justify the sledge hammer of PPSR when security was not threatened.
So our natural forests in Sabah were cleared and the ill gotten money went into the casinos especially in Lebanon – the gambling holes of the world until it was destroyed by civil wars in 1975/6. The money also went into many holes of golf courses and human holes of expensive hotels in several countries around the world.
So the illegal Federal Govt and cronies are still robbers today – ask Tun Mahathir- what happen then especially Syed Kechik from Kedah who then declared himself billionaire later but died miserably.
So Sarawak is now in haze and lack water mainly due to the over exploitation of the natural forests and then oil palm plantations. Do you think there is enough money to do cloud seedings for rain when Sarawak is so big?
so we have to ask the big robbers to pay back for their guilt in Sabah and Sarawak. Indemnify us.
Now it is the ugly manifestations of the haze and RM10m bribe over PKFZ. When do we really learn?
pw: birkins New
Resolve kg buah pala ……..
//When do we really learn?// Joshua
We never. Here or Elsewhere. It is always the law of the jungle, where the fittest survive, thrive and prosper. The fittest means the politically and financially strong. The exploited are the uneducated, the poor, and the politically unconnected if not disenfranchised.
The law of the jungle always prevails over man made laws. In normal times man made laws are necessary to maintain order. In other times to promote, maintain and preserve vested interests of the strong. This is because the makers, enforcers and arbiter/interpreters of man made laws belong and identify with the latter group.
Throughout history, this has generally been the case. No lesson is learnt except the supremacy of law of jungle over man made laws so that where there is conflict between the Strong and Others, the Strong always prevails.
All the ills in Sabah and Sarawak are caused by their own political leaders who place personal interests above everything else.
These leaders have sold away the very soul of the poor natives who in turn have been giving them the votes to destroy their land and heritage.
Until and unless the people in East Malaysia realize their folly and vote out the BN govt there, they will continue to die a slow death.
Chengho, your political (and possibly pay) masters was the one who “robbed” kg buah pala.
They are thing that cannot be undone without proper cost. Pakatan govt respect rule of law.
Pakatan govt have negotiated for compensation of double storey terrace house on Penang Island — where most ppl are not living in high rise. But sadly, the villeagers do not think its enough. And that’s so much the govt can do.
If Pakatan did not take over govt in Penang, Kg Buah Pala would have been flatten more than a year ago.
Auschwitz camp has moved to bolehland
http://www.newsday.com/myanmar-migrants-stuck-in-malaysia-detention-camps-1.1362800
I saw that link on anil netto’s site k1980. I wonder why anybody is surprised. That’s exactly what immigration detention centres are like. How could they be any different? This is South East Asia. Many of our neighbouring countries’ governments offer their citizens a living or actual death. I think Malaysia’s immigration problem is difficult enough without the prospect of a ‘holiday camp’.
It is obviously wrong to mistreat the detainees, but I can’t convince myself that it’s wrong to offer them the bare minimum accommodation that doesn’t qualify as ‘cruel and degrading treatment’. It’s particularly difficult when some may have come to Malaysia using ‘cruel and degrading’ transport to realise their aim of earning a little money in ‘cruel and degrading’ employment.
What’s the alternative?
The degree of civilization in a society can be judged by entering its prisons.
Fyodor Dostoevsky
Russian novelist (1821 – 1881)
In the light of these persistent abuses and dehumanizing treatment of asylum seekers here, we might well ask “How great are we if we don’t hold those accountable who mistreat our unfortunates?”
Nice quote k1980, but I don’t think Dostoevsky was writing about illegal immigrant detention camps. The reason the immigrants come here is because their society is worse than our prisons. “our unfortunates” is the key phrase here. I expect if we keep up this dialogue long enough, someone will be along to explain ‘tort’ to us. How far do you want to expand your responsibility to ‘unfortunates’? “Within my country’s own borders” is not unreasonable, except that Malaysia’s borders are very, very porous.
DAP man suggests: the people in East Malaysia realize their folly
Do you know it’s folly? This is why we need opinion polls. Some people (possibly a very few) are making vast fortunes out of converting Sabah and Sarawak to deserts. Many more will be almost totally dependent on those few for their living. It’s plausible (to me!) that the people of Sabah and Sarawak view any attempt to reduce the rate at which their land is ‘monetised’ as a terrible proposition and would vote against anybody who said they would do it.
Democracy is only ‘good’ when the people are good. If the majority of people want an orgy of self-destruction, then that’s what democracy guarantees them.
//How far do you want to expand your responsibility to ‘unfortunates’? //
OrangRojak, I don’t think Britain ever turned away unfortunate European Jews seeking asylum from Hitler’s paws in the years 1933-1945.
Tun M was acting like God then. Now that he is passed 80 and due to meet the real God, ahem…. God vs God, LOL. His days are numbered. Not that I am cursing him but we must be realistic. Anyone who live up to 80 must be very fortunate and anything extra is extended play. But I really shudder if I were him. Not that I am religious but I have quite a few experiences that tell me that there is life after death. And if my psychic perception is correct, Mahathir may have enjoyed power and wealth in this world but he is going to pay very dearly for this brief happiness in cosmic time in the hereafter. So don’t worry, Joshua. What you went through will be chicken feed, when compared to what he will be going through soon.
I don’t think Britain has ever had an unambiguous attitude to Jews of any origin. My grandmother lived on Cable Street, where the infamous Battle of Cable Street was fought. We still have our United Whitemen National Organisations, and our National Front. This piece on wikipedia is probably the most relevant:
http://en.wikipedia.org/wiki/History_of_the_Jews_in_England#Before_and_during_World_War_II
Immigration – legal and illegal – is always a political hot potato. One has to be cautious when decrying current policy toward it, unless one has a ‘magic bullet’ to solve the problem when faced with it oneself.
Mahathir gets his mention in this piece I came across recently, defending the destruction of the rain forest by saying “white men did it first”:
http://www.sochaczewski.com/ARTbrunomanserearthtimesjuly2001.htm
I’d like to comment, obviously, but … white man … in Malaysia … not agree … gone oledi.
This is a typical example of the conflict between the Pro-Umno well-to-do urbanised Iban, represented by Chief Minister Taib Mahmood, and the jungle-dwelling poorly educated aborigine Iban, represented by JOAS. It is also an extended version of looting practice by Umnoputras in Sarawak.
The common enemy of the poor and underprivileged people in Sarawak should be Taib Mahmood and his gangs and no one else. Pakatan Rakyat should launch an intensive attack on Taib Mahmood during the next Sarawak State-wide Election.
Carboncopy … chengho is ‘correct’ and you are ‘WRONG’. Kg BUah Pala has not been resolved yet. The houses are still standing! Hahahahahahahaa …
Need it be said, LOL.
Thanks Jeffrey and ekompute for your comments,
I am not complaining but the illegal Governments (state and federal) are still too much.
About the loss of rainforest, it was spoilt by the British colonialists who gave 10,000 acres/hectares ? to those few first local and also illegal leaders to have some fund in the early years of indpendence.
So there goes everything…with the hastened participation of outsider grabbers.
pw: luger 10.20
//Throughout history, this has generally been the case. No lesson is learnt except the supremacy of law of jungle over man made laws so that where there is conflict between the Strong and Others, the Strong always prevails.//the illogical sage
Now this is really something! For someone who talks endlessly about constitution, law and the judiciary, I can see nothing but the conflict within him which is almost unexplainable. May be I have convinced him institutional/constitutional power is meaningless without power political power. May be after my posting, he will come back with to say that I have completely misinterpret him or may be I have no capacity to discern his contradicting views.
sorry repost
//Throughout history, this has generally been the case. No lesson is learnt except the supremacy of law of jungle over man made laws so that where there is conflict between the Strong and Others, the Strong always prevails.//the illogical sage
Now this is really something! For someone who talks endlessly about constitution, law and the judiciary, I can see nothing but the conflict within him which is almost unexplainable. May be I have convinced him institutional/constitutional power is meaningless without political power. May be after my posting, he will come back to say that I have completely misinterpret him or may be I have no capacity to discern his contradicting views.
///May be after my posting, he will come back to say that I have completely misinterpret him or may be I have no capacity to discern his contradicting views.///
A Nincompoop is person of rare intelligence… it’s rare when he shows any. I have to admit the above remark is one of the rare occasions.
Sadly Sarawakians and Sabahans still give the “Open sesame” key to BN to rape their land. Speechless!