ACTION ALERT
Indigenous Protestors Shot in Sarawak, Malaysia
12/23/97
OVERVIEW, SOURCE & COMMENTARY by EE
The lack of indigenous control over native customary land in Sarawak,
Malaysia has been made perfectly clear once again, as three Dayak Iban
peoples have been shot trying to peacefully protect their land. Apart
from the brutality, it marks a dramatic escalation in the state
response to the Dayaks. An oil palm company simply showed up one day
and started to clear their traditional land--customary owners have no
recourse and must submit to such treatment or resist. Although not
all of you are working on Borneo issues, I suggest this is an issue
where international solidarity from ALL rainforest and indigenous
rights groups is needed--further background and an action alert are
provided.
This report comes from the Borneo Resource Institute, a reputable NGO
and reliable source of information. The BRI takes a valiant stand in
providing this information, as the Malaysian thought police continue
to crack down on all those advocating for indigenous rights and
ecological integrity (including recently setting up a committee to
monitor the internet--hi folks). Additional information regarding the
years of struggle by the indigenous peoples of Sarawak can be found at
http://forests.org/forests/malaysia.html
g.b.
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RELAYED TEXT STARTS HERE:
Title: THREE DAYAKS SHOT IN PEACEFUL PROTEST IN SARAWAK
Source: Borneo Resources Institute
Status: Distribute freely with accreditation
Date: Saturday, December 20, 1997
Three Indigenous people shot in front of their Longhouse by Police
Field Force officers in Rumah Bangga, Sungai Subukut, Bakong, Miri,
Sarawak, Malaysia.
During a peaceful protest against the destruction of their farms and
food gardens, the police opened fire on the Dayak Iban people without
warning, using pistols and M16 rifles. Three people lie critically
ill in the Miri General Hospital, Sarawak, Malaysia.
The small Iban community, living in Rumah Bangga longhouse about 100
kilometres from the town of Miri in Sarawak, Malaysia had opposed the
destruction of their native customary rights land by the oil palm
plantation company, Empressa Ltd and their contractors. The forest
dwelling peoples of Sarawak depend on the lands which surround their
longhouses for growing their own food in small farms and garden areas
as well as obtaining building and other materials from the forests.
The first thing the local people knew of the establishment of an oil
palm plantation in their area was when the company moved in with its
bulldozers and started to clear the land. The local people made to the
local police station stating what damage had been done and requesting
them to stop Empressa and their contractors from operating. The people
visited two police stations, one in Beluru and the other in Marudi,
neither of them would accept the report detailing the peoples
objections to what was happening to their land. In the mean time the
company continued with its operations.
As a result of this inaction by the police and the continued
destruction of their lands the villagers took control of three of the
companies bulldozers and removed them to the longhouse. The actions of
the people were designed firstly, to stop Empressa from operating and
secondly, to initiate a dialogue with the company. The company's
response was to call in the police to help then get their heavy
machinery back. After a visit from one truck load of police on the
18th of December the people refused to return the bulldozers as the
company still had made no promise to stop working on the native
customary rights land.
The following day the PFF returned in greater force, in plain clothes
and in uniform but without identification and armed with side arms,
M16 rifles and batons.
The people of the village made a peaceful gathering outside of their
longhouse when the police arrived, holding a banner tied between two
poles bearing the statement, 'Land is Our Life'. Photographs from the
site show the people smiling and joking with each other. Enjoying the
party like atmosphere of the protest. Offerings were also being made
to the ancestors, called a 'Miring', using rice, eggs and other food
to act as a cleansing of the spirit to provide greater protection to
the people.
The banner was to act as a line over which negotiations with the
company and the police officers supporting them could take place.
After the exchange of a few words however one of the leading Police
Field Force (PFF) officers rushed forward and tried to arrest the
Headman of the Iban longhouse. At the same time he gave the orders to
the other PFF officers to charge and to open fire on those unarmed
villagers gathered to hear the negotiations. A struggle ensued between
the police and the 63 year old Headman, Tuai Rumah Bangga Ak Andap,
and his people.
Enyang ak Gendung was the first person to be shot. He was standing
behind the crowd on higher ground at the time when the police tried to
arrest the headman. He was shot just as the commotion of the arrest
began and the order to fire was given. Enyang collapsed to the ground.
At this time the PFF opened fire at the crowd and Indit ak Uma,
another member of the community was shot. He shouted that he has been
shot and asked the people should defend themselves and ran to his room
in the longhouse to get his Parang, (a machete) jumping back to the
ground where the shooting was taking place. He attempted to defend the
other people of the community and he was shot again. As he about to
collapse he swinging the parang, cutting one PFF officer. He was shot
again at close range in the side with M16 while lying on the ground.
During the attempt to arrest the Headman the police were firing at the
crowd. Siba ak Sentu was shot in the abdomen. All three of those hit
are now lying in hospital. Enyang is in a coma in the intensive care
unit.
Other injuries were sustained by members of the community, Untok ak
Utom was admitted to hospital yesterday after being stuck on the head.
At about 2pm today a group of police took him from the hospital
directly to the police station where he is now being held on remand.
The headman, TR Bangga ak Andap, was injured on his left arm after
being struck with a baton.
Those people which were detained at Miri central police station are as
follows: Age
Rolly ak Sylvester Nyelong 13
Sylester Nyelong ak Mudat 36
Johan ak Jau (RH Panau) 19
Jau (RH Panau) 50
Tingom ak Rangking (RH Sidu) 60 (RH = longhouse/village)
Others also injured but that have not gone to hospital are:
Veronica ak Tambi Beti ak Jenging Magdelin ak Merayang Jelani ak Jawan
The PFF arrived in 4 police trucks with some dressed in plain clothes,
those who were in uniform did not have the usual numbers attached to
their epaulettes presumably to hide their identity. They were
recognised by the local people as being from peninsular Malaysia
indicating that the action of the officers concerned had the sanction
of the federal government as well as the Sarawak State government.
He was later carried to one of the police trucks buy the arms and
legs, face up and head hanging back, unsupported.
Further information to follow later today or tomorrow.
For information contact Borneo Resources Institute Fax: 00 60 85 438
580 email : bri@tm.net.my
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LATEST UPDATE (21/12/97, 18:00
Malaysian time) AND ACTION ALERT. PLEASE CIRCULATE TO OTHER GROUPS.
Three Dayak Iban were shot by the Police Field Force (PFF) and a
number the members of the community were injured during a peaceful
protest in front of their longhouse against the destruction of their
lands by an oil palm plantation company.
Today the police have surrounded the longhouse,and a helicopter is
patrolling the area. The PFF from Sibu and other parts of the State
have been called to the area.
The area around the longhouse and the only road leading to the
longhouse is heavily patrolled by police. People trying to get to the
longhouse have been denied access. The Baram district Chief of Police
has been to the longhouse to arrest a further 11 people. They have no
vehicle to bring them to Miri however so the arrests will take place
tomorrow morning. The names and photographs of the 11 have been taken
by the police and the people have been advised to be at the longhouse
ready to be arrested and taken to Miri town. The people in the
longhouse are scared of what is to follow given the shooting incidents
and abuse they have received from the authorities over the last few
days.
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SPECIMEN LETTER FOR ACTION ALERT FOLLOWS:
We are very shocked and gravely concerned about the recent arrest and
detention of the Ibans (one of the Sarawak indigenous communities)
from Rumah Bangga longhouse, Sungai Sebukut, Lutong, Bakong, Baram,
Miri, Sarawak.
About 300 Iban have been putting up a blockade to protect their Native
Customary Land after two companies, Segarakam Sdn Bhd, and Prana Sdn
Bhd., which are contractors to Empresa (M) Sdn Bhd. trespassed on and
cleared their said land which resulted in extensive damages done to
their customary land and crops thereon.
Without notice or consultation with the Iban, the land and Survey
Department (which is a Sarawak State government department as land is
a State matter in Malaysia) had issued a provisional lease to Empresa
(M) Sdn Bhd, an oil palm plantation company.
The land area covered by the lease includes the Native Customary Land
of the Iban. The conditions stated in the lease were, inter alia, that
"the holder of this provisional lease SHALL NOT be entitled to a lease
of an area equal to the area (of the provisional lease) but only to
such an area as the Survey shows to be available" i.e. a survey must
be done first by the lessee over the leased area to determine whether
other people have rights over the same area of land, if so, such an
area will be excluded from the lease).
The Iban first and only came to know of the issue of the provisional
lease to Empresa (M) Sdn Bhd. by the Land and Survey Department when
Segarakam Sdn Bhd and Prana Sdn Bhd trespassed and started clearing
their customary land.
As soon as they came to know about the activities of the companies on
their land and the damage ones to their said land and crops thereon,
the Iban lodged a police report at Beluru Police Station, in Bakong,
Baram, Sarawak. They as wrote letters to the Land and Survey
Department ad other government departments requesting that the lease
be withdrawn or revoked or that a survey be done so that their land
could be excluded therefrom.
However, no action was taken by the police or other government
authorities, but the companies continued to trespass and clear their
land and more of their land and crops were destroyed.
Having had recourse to the police and other government departments and
having failed to get any response at all and worried that the
companies would continue to destroy more of their land and crops, the
Iban put up a blockade/barricade. This was destroyed. Left with no
other alternative, they were forced to detain three bulldozers
belonging to the companies which they kept safely at their longhouse.
The companies, instead of going to the court apparently went to the
police and Police Field Force (PFF). And on the 19th of December 1997,
acting without any court order, warrant or summons, the police and PFF
took it upon themselves to retrieve the bulldozers from the Ian at
their longhouse on behalf of the said companies.
On their arrival at the Iban longhouse they immediately proceeded to
arrest and detain the Iban, whoever was there without giving any
reasons or introducing themselves and without any regard or respect
for the rights of the Iban over their Customary land or their privacy
in their own longhouse.
The Iban refused to be arrested because they were the victims of the
companies and were the ones who suffered damage or destruction to
their land and crops. They were also only awfully exercising their
rights to private defence to prevent their properties from the
offences committed by the companies on their customary land. The
police and PFF should act against the companies not against the Iban
and at the very least, they should stay neutral as it was a civil
dispute on rights over land which the parties could bring to the court
for determination.
As the Iban refused to be arrested for the above reasons, the police
and the PFF chased them and several of the ban were simply beaten-up
with batons or punched and kicked.
Without any warning or warning shots, three of the Iban were shot, one
in the head. He is now in the intensive care unit of the Miri General
Hospital and in critical condition.
The Sarawak Government has repeatedly and publicly promised that the
indigenous communities in Sarawak will not be forced to join its land
development scheme if such schemes affect their Customary land. As in
this case, the Iban had repeatedly informed the government about their
objection to this oil palm plantation of Empresa (M) Sdn. Bhd. and
even lodged reports with the police. Yet, their rights are not
respected at all by the Sarawak authorities and the police had
resorted to a gravely unreasonable and very arbitrary action in the
dispute.
If the Sarawak Government, the plantation companies or the police
seriously and sincerely think that the Iban have any right at all over
the land in dispute, surely the civilised way to resolve the matter is
for them to obtain a court order to evict the Iban or to get an
injunction to stop them from interfering with the activities of the
companies.
Therefore, we strongly appeal to the Malaysian Government and the
police:
1) To conduct an immediate and fair investigation into the shooting
and arrest of the Iban and to take appropriate actions accordingly.
2) To make sure that Native Customary Rights to land and forest will
not continue to be violated.
3) To stop further arrests and harassment of the Ibans in the area
Yours sincerely
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PLEASE SEND THE LETTER TO THE FOLLOWING PEOPLE:
YAB Dr. Mahathir Mohamad Prime Minister and Minister of Home Affairs
Jalan Dato Onn Kuala Lumpur, Malaysia Fax:; ++60 3 291 14268 /230 6540
/ 255 6264 / 230 0786
YAB Dato Seri Anwar Ibrahim Deputy Prime Minsiter Prime Minister's
Department Jalan Dato Onn Kuala Lumpur Malasia Fax: ++60 3 238 3691 /
255 6264
YB Datuk Patinggi Tan Sri Abdul Taib Mohamud The Chief Minister of
Sarawak Tingkat 14, Wisma Bapa Malaysia Petra Jaya 93502 Kuching,
Sarawak Malaysia Fax: ++ 60 82 441 975 / 440 500 / 492 288
YBhg. Tan Sri Abdul Rahim Noor Inspector General of Police Police
Headquaters Bukit Aman 50560 Kuala Lumpur Malaysia Fax: ++60 3 291
0707
The Rt. Hon. Tan Sri Dato' Seri Hj. Mohd Eusoff Chin The Chief Justice
of the Federal Court Bangunan Sultan Abdul Samad Kuala Lumpur Malaysia
Fax: ++60 3 293 7339 / 293 2582
The Chief Judge of the High Court in Sabah and Sarawak Judicial
Department Kuching Sarawak Malaysia Fax: ++60 82 417 322
Further information to follow later today or tomorrow.
For information contact Borneo Resources Institute Fax: 00 60 85 438
580 email : bri@tm.net.my Borneo Resources Institute (BRIMAS) GPO LB
23 - BN 354 98009 Miri, Sarawak Malaysia Tel and Fax: ++ 60 85 438580
email: bri@tm.net.my