Penans Protest Against Logging in River Apoh/Tutoh in Baram Region
International Appeal to Support Penan Plight in Sarawak
Bruno Manser Fonds, www.bmf.ch/
August 1, 2000
BY SAHABAT ALAM MALAYSIA activities
On 11th August 2000, the Penan community form the updated Apoh/Tutoh settlements erected a wooden barricade on a 2000.08.26 logging road belonging to Lajung Lumber Sdn. Bhd., a subsidiary company of Rimbunan Hijau Sdn. Bhd., Shin Yang Sdn. Bhd, and Raywood Sdn. Bhd.
The blockade was set up to stop the logging companies from freely transporting and extracting timbers from their forest areas in the upper Sungai Apoh/Tutoh.
They resorted to this action after the companies continued to ignore their rights of access to their natural forest resources. Their numerous complaints to the authorities and the logging companies regarding their claims to the forest resources and the problems caused by logging have fallen on deaf ears. Having no other alternative and being compelled to bring attention to their plight, the Penan natives have resorted to staging this protest, which is still continuing.
Their Grievances
Some of their grievances are as follows:
Both companies Rimbunan Hijau and Shin Yang acted very arrogantly in relation to their claims. They have simply bulldozed their planted fruit trees and grave-yards without paying anything for the losses and damage that they have suffered.
They also do not render any assistance to the Penan community who seek their help to send those who are ill to the nearest clinic in Long Bedian in cases of emergency.
The companies simply encroached into their Communal Forest Reserves and carry out logging activities here, without any consultation and consideration for their source of livelihood.
Why Blockade
The Penan protestors at the blockade claim that the road blockade is their way to call on the companies representatives to come and meet with them to listen to their problems. Otherwise, the companies ignore their plight.
The Penan community will continue with the blockade until their problems are resolved and they receive assurances from higher authorities.
Police sent to protest site
Four police-men from the Marudi Police Station and one person from Long Lama Police Station were sent to the blockade site on the 13 of August. So far, no arrests have taken place.
The photographs enclosed were taken on the first day of the blockade, 11th August, and the group photograph only shows small groups of Penans gathered at the blockade site because some of them turned up at the blockade site on the following day, on August 12.
This report was received by the SAM office in Marudi when 4 members from the Penan tribe came to inform us on August 15, 2000. These natives are returning to the blockade site this morning to join the protests.
Supporting Letters
Kindly send your letters of support to the following persons urging them to exercise restraint in dealing with the Penans at the blockade site. Urge them to address the problems of these natives who are struggling for their livelihood and who ask the logging companies to respect their Native Customary Rights (NCR) to the forest resources and their sacred sites.
The Penans appeal to the concerned logging companies and the responsible authorities:
1. Immediately stop all logging activities on our NCR-land claims
2. Recognize and respect our Native Customary Rights and land claims
3. Pay compensation for the damages and losses caused by the logging
4. Provide medical service.
Dear reader, kindly forward your own letter of support for the Penan appeal to:
1. Datuk Seri Dr. Mahathir Mohamed The Hon. Prime Minister of Malaysia
The Prime Minister`s Office Main BlockPrime Minister`s Department Administrative Centre 62502, Putrajaya SELANGOR DARUL EHSAN
email: ppm@smpke.jpm.my or marsineh@smpke.jpm.my
2. Datuk Patinggi Tan Sri Haji Abdul Taib Mahmud
The Hon. Chief Minister of Sarawak Chief Minister`s Office 22 Floor, Wisma Bapa Malaysia, Petra Jaya 93502 Kuching, SARAWAK
Fax: (++60) 82-442616 or (++60) 82-444566
3. Director of Forests Forestry Department, Wisma Sumber Alam
Jln. Stadium, Petra Jaya 93660 Kuching, SARAWAK
Fax: (++60) 82-441377
4. Forest Department Miri Fax (++60) 85-417629 / (++0060) 82-441377 / (++0060) 441533
5. Police Headquarter Miri KPD Ambuce Chung
Police Chief
Fax: (++60) 85-433320
6. Sarawak Timber Industry Development Corporation
Kuching
Fax: (++60) 82- 442619
7. Sarawak Timber Association Ting. 10
Wisma Sumber Alam, Petra Jaya 93050 Kuching, SARAWAK
Fax: (++60) 82-441477
Please send copies of your supporting letters to SAM, so that they can be forwarded to the Penan communities, and also to the Malaysian Embassy in your country.
Find the contacts on www.smpke.jpm.my/govern/diplomatic.html
For further information, please contact
SAM`s Marudi Office
P.O.Box 216
Marudi
98058 Baram, Sarawak
e-mail:sammarudi@yahoo.com
Tel/Fax: (++60) 85-756973
or
SAM headquarters in Penang 27, Lorong Maktab, 10250
You can also email us at meenaco@pd.jaring.my
Sample-letter:
Sender's address
Place/date
Landrights of the Penan
Your Excellency
Today I have received a plea for help from the Penan of Sarawak. They have started a blockade of the road on August 11th to stop the logging of their forest.
Involved are the following 3 logging companies: Rimbunan Hijau
Sdn. Bhd.; Shin Yang Sdn. Bhd. and Rawood Sdn. Bhd.
These 3 companies are working on land which has been occupied and used since many generations by the Penan. They need this forest land for their survival. This land and forest produce everything the Penan need since generations.
All 3 companies are destroying the fruit gardens and the cementaries of the Penan, and ignore the traditions and land rights of the first inhabitants of Sarawak.
I am very concerned about this. I have heard that the Penan are a peaceful, friendly people. It therefore seems very wrong that they are being forced to resort to desperate measures such as road blockades to fight for their survival
As indigenous people of Sarawak, the Penan have land rights to the areas they traditionally live in. I am very concerned to learn that all their petitions and pleas have been ignored by the relevant government authorities. This can not be right!
Please, may I ask you to treat the Penan the same as all the other citizens of your beautiful country, to recognize and protect their rights. Will you please take to heart and follow the request of the Penan to
Immediately stop all logging activities in the forests traditionally owned by the Penan
Recognize and protect the traditional and land rights of the Penan
See to it that all the damages and losses incurred by the logging companies up till now are refunded
* Warrant medical care for the Penan
Please, may I urge you to act now in the interest of the indigenous people of Sarawak, to allow them to live their lives in peace and dignity.
Thanking you very much for consideration of my request.
Yours sincerely
Press Release - 17 August 2000
More than hundred semi-settled Penans comprising men, women and children from several Penan settlements in the Bruno Manser Apoh and Tutoh region, Baram, Miri Division have staged a Fonds peaceful protest against three logging companies by Heuberg 25 erecting a wooden barricade across a logging road near 4051 Basel Long Kevok, Layun, Tutoh in Sarawak. Switzerland
phone +41 61 261 The blockade which was put up on the 11th August, 2000 94 74 intends to stop three timber companies namely Lajong fax +41 61 261 Lumber Sdn. Bhd. (subsidiary of Rimbunan Hijau Sdn. Bhd), 94 73 Shin Yang Sdn. Bhd. and Rawood Sdn. Bhd. from carrying out further logging operations in the Penan areas in the emailinfo@bmf.ch Apoh/Tutoh region.
According to a number of the Penan village Chiefs involved in the blockade, their people resorted to road blockade after numerous verbal and written appeals made to the companies on problems faced by the Penans arising from the logging activities were ignored. The village chiefs complained that these three companies simply encroached into the communal forest reserves of the Penans and logged out the timber resources without consultation with the Penans. They also complained that these companies simply bulldozed their planted fruit trees and burial sites and refused to pay compensation for the damage done to their properties. The Penan Chiefs view the act of the companies in refusing to take heed of the Penans appeals and pleas as a sign of total lack of respect for their rights.
Further, the natives complained the two companies, Lajong Lumber Sdn. Bhd. and Shin Yang Sdn. Bhd acted arrogantly totally disregard their existence in the area. Hence, the blockade.
According to the Penans chiefs, the blockade shall be manned and maintained until the higher authorities and government leaders come up with acceptable solutions and a written guarantee that the Penan rights to their traditional land and resources are respected by the timber concessionaires and contractors.
Sahabat Alam Malaysia (SAM) would like to call on the government and the relevant authorities to exercise restraint in dealing with the native Penans involved in the blockades. The Police and the Forest Department should not arbitrarily arrest, remand and charge the natives without first conducting a proper investigation into the complaints and grievances of the natives against the timber companies.
SAM also calls on the timber companies not to resort to bullying and dirty tactics by hiring gangsters to harass or intimidate the peace-loving native Penans, as such move is not only uncivilised and uncalled for but it will intensify the conflicts and cause further complications.
There have been many previous allegations by the Penans of the hiring of gangsters to harass the natives so that they would not pursue their legitimate demands for compensation for damage done to their properties.
SAM reiterates its call to the State Government to review its forest management policy and laws so that the rights and privileges of the natives to the forest and its resources in and around their settlements or traditional territories should be recognised and protected. The natives should be given the right to control and manage the resources or at least be treated as equal stakeholders in the management and use of such resources so that they can meaningfully benefit from it.
SAM notes that among the criteria and indicators laid out by International Timber Trade Organisation or ITTO which has been adopted by the Malaysian government and endorsed by the state governments to achieve sustainable forest management, is the recognition of native rights to the forests and its resources and the existence of a framework and mechanism to ensure community participation in the management and use of forests and its resources.
The ongoing occurrence of protests by the natives in their areas of settlement is a clear indication that the present forest management policy has serious weaknesses which need to be rectified. Such protests may continue to recur if the root causes of the problems are not properly addressed. The government and the timber companies will only have themselves to be blamed if the timbers cannot be certified to have come from sustainably managed forests and face marketing problems.
The ongoing occurrence of protests by the natives in their areas of settlement is a clear indication that the present forest management policy has serious weaknesses which need to be rectified. Such protests may continue to recur if the root causes of the problems are not properly addressed. The government and the timber companies will only have themselves to be blamed if the timbers cannot be certified to have come from sustainably managed forests and face marketing problems.
SAM also urges the government to monitor the conduct of the timber companies in their areas and country of operations. In the event of any abuse and harassment of the local people, violations, breaches of laws and licence conditions, the companies concerned should asked to show cause as to why their licence should not be revoked. Those involved in such unethical activities should be taken to task.
SAM appeals to the Federal and State Governments of Sarawak to address the problems and appeals of the Penans and not ignore their plight.