ACTION
ALERT
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WORLDWIDE
FOREST/BIODIVERSITY CAMPAIGN NEWS
Indigenous
Protestors Shot in Sarawak, Malaysia
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Forest
Networking a Project of Ecological Enterprises
http://forests.org/
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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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
*********************************************
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.
----------------------------------------------------------------------
-
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
------------------------------------------------------------------
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
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