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Letter from
Bakun Region People's Committee to the Deputy Prime
Minister and SUHAKAM (English)
3 July 2001
c/o Batu Kalo
Ulu Balui
96900 Belaga
Sarawak.
Yang Amat Berhormat
Datuk Seri Abdullah Ahmad Badawi
Deputy Prime Minister of Malaysia
Pejabat Timbalan Perdana Menteri
Aras 4, Blok Barat
Kompleks Jabatan Perdana Menteri
Pusat Pentadbiran Kerajaan Persekutuan
62502 Putrajaya.
Yang Berbahagia
Tan Sri Dato' Haji Anuar Dato' Haji Zainal Abidin
Commissioner
Human Rights Commission of Malaysia (SUHAKAM)
Tingkat 29
Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur.
3 JULY 2001
Honourable Datuk Seri/Tan Sri Dato',
Appeal for
attention and immediate action on issues affecting the communities
at the Bakun Resettlement Scheme in Sungai Asap and those residing
upstream Balui River and along Belaga River, Sarawak
We, on behalf
of the residents from the longhouses from the Bakun Resettlement
Scheme in Sungai Asap and those in upstream Balui River and along
Belaga River would like to voice the problems and issues that we
have had to face as a result of the Government's decision to construct
the Bakun Hydroelectric Dam.
Among the most
pressing problems and issues adversely affecting the local communities
that need the immediate attention and action from the Government
are the following:
I. Communities
displaced by Bakun - Unresolved issues on payment of compensation
for our customary lands and farms.
Many of us,
the Bakun-affected people, who exercise native customary rights
over the Balui area, have not received compensation for various
plots of our land along with our rubber, cocoa, coffee and fruit
farms. In our view, this has happened because the survey methods
employed to ascertain ownership and location of our land are ambiguous,
non-transparent and do not abide by proper procedures.
We would like
to draw your attention to the following issues:
Thus we urge
the Government to ensure that:
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The Sarawak
Land and Survey Department resurveys all the native customary
lands, including gardens owned by us at the Sungai Balui area
to ensure that all the persons involved obtain adequate and
appropriate compensation. |
Before the Bakun
Hydroelectric Project is proceeded with, all these issues relating
to land and compensation must first be resolved, to avoid the destruction
of evidence of our native customary rights when our lands are finally
inundated. As long as the necessary surveys remain to be carried
out and adequate compensation remains unpaid, the said lands continue
to be our land and we are entitled to continue residing at our original
homes.
II. Bakun Resettlement Scheme at Sungai Asap
The former residents
around the Balui River who have been relocated to Sungai Asap, are
today facing a host of increasingly distressing and severe problems:
These problems
are as follows:
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Land
allocated in Sungai Asap is insufficient and unsuitable for
farming
The three
(3) acres of land allocated to each family in Sungai Asap
are not sufficient to allow us to continue our traditionally
sustainable farming practices. In one or two years, we will
no longer be able to utilise these plots of land for paddy
farming, which produces our staple food, as the fertility
of the soil will certainly degrade after repeated cultivation.
In the long run, the size of the land is also not sufficient
for equal distribution for our children's inheritance.
In addition,
a large portion of the land is also unsuitable for farming.
Many of our plots have not been able to produce the yields
we hoped for because their soil is of poor quality and mostly
sandy. Furthermore, some settlers have also not been able
to farm on the allotted plots because they are located in
inaccessible and very distant areas.
Also on
the rise are conflicts and misunderstanding among communities
and individuals. These discords occur as a result of the competition
for any available arable land in the area, including the ones
that belong to the State.
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Many
residents are experiencing food shortage
Due to
the scarcity of arable land, limited job opportunities and
the low wages for our labour in Sungai Asap, some of us today
are experiencing food shortage, especially in terms of protein
and vegetable supply. There are even families at the Uma Ukit
and Uma Penan longhouses who have to subsist on a diet of
rice with sweet potato leaves or salt daily or those who are
able to afford only one meal a day.
Most of
us have also spent all of our compensation money because we
were forced to use them to purchase food.
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The
houses in Sungai Asap sold to the us at RM52,000 per unit
are exorbitantly and unreasonably priced.
Many of
us cannot afford to settle the payment for our new houses
since we have just been forced into a cash economy at Sungai
Asap.
Furthermore,
the materials used to build the houses are of inferior quality
and their construction was also done with poor workmanship.
The size of this letter would not be sufficient to list our
dissatisfaction with the quality of these houses sold at such
unaffordable prices.
We are
also baffled by the exorbitant price of our new houses, as
we understand that the price of a unit of a low-cost house
in Kuala Lumpur and Selangor is only between RM25,000 and
RM40,000.
Furthermore,
our homes at our original sites, which are sturdier, larger
and are built of higher quality materials were valued at prices
much lower compared to the houses at Sungai Asap, which cost
RM52,000 although these are much smaller and of poor quality.
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Payment
of the compensation for the old houses has never been made
We have never received the payment for the compensation for
our old houses even though their value has been assessed.
We were informed that all of the said money would automatically
be used to offset the payment for our new homes, without taking
into account whether or not we wish to move to Sungai Asap.
This is
clearly wrong because such an action by the authorities has
directly denied us of the right to choose the location of
our new homes.
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Limited
job opportunities and source of income
The job
opportunities available nowadays are only based in the oil
palm estates. Most workers there receive only around RM15.00
a day - this would add up to about RM300.00 per month. This
amount of income is certainly enough to place the family of
the breadwinner concerned below Malaysia's poverty line. Our
people who ended up taking these jobs have been doing so unwillingly
in pressing circumstances that leave them with no choice.
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Lack
of basic facilities
Various
basic facilities that were promised to the Bakun-affected
communities before they were resettled have not been provided
today. These include the below:
a. There
is no secondary school in Sungai Asap. Our children still
have to travel very far to receive their secondary school
education.
b. There
is no public transportation, for example a bus service, for
the residents. Everyday we have to hire private vehicles to
move around. These private service providers charge us a high
price for their service.
As for
the children in primary schools, if their parents are unable
to afford their transport fares, they are forced to board
at the school and have thus been separated from their families
at such a tender age. In our old homes, our children used
travel to school by boats or on foot.
c. The
roads in Sungai Asap are also not completed - they are not
tarred, dusty, dirty, filled with puddles and potholes, uneven
and especially dangerous to motorbike riders.
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Bills
for water and electricity supply
Many families
in Sungai Asap are presently unable to settle their electricity
and water bills that have been accumulating since several
months ago. We have also received warning letters demanding
that we settle the bills. Failure to settle these bills would
inevitably cause our electricity and water supply to be cut
off. When access to water supply is cut off, this would certainly
cause adverse impacts in our lives. To make things worse,
we are also unable to utilise water from the rivers in Asap
and Koyan as domestic sewage from our bathroom flows into
them.
Honourable Tan Sri and Datuk Seri, we view these issues very
seriously as they have severely affected our daily lives today
and will continue to do so in the years to come.
The problems
above that have trapped us in very difficult circumstances
clearly show that there have been flaws, errors and failures
in this large-scale resettlement project with regards to its
planning, approach and implementation.
Thus,
in view of all the aforementioned issues, we would like to
appeal to you to kindly exercise your authority to ensure
that appropriate actions will be taken to fulfil our following
requests and recommendations.
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We demand that:
i. The Government
allocate more land to us in Sungai Asap because the three (3) acres
of land granted to each family is simply insufficient. From the
beginning we had insisted on ten (10) acres of land per family and
the Government's representatives themselves had proposed to grant
each resettled family seven (7) acres of land.
If this issue
is not adequately addressed, we must then be given the freedom to
return to our original home in Balui.
ii. The houses
in Sungai Asap must be handed to us free of charge in replacement
for our houses in Balui. We would like to assert that we had never
requested to leave our original homes but instead, we were forced
to move.
Compensation
for our old homes must be paid to the owners. It is legally wrong
to retain the compensation money for our old houses because such
an act is denying us access to money that clearly belongs to us.
iii. Basic amenities
like water supply must be supplied to us for free because we cannot
afford to settle the bills charged to us monthly. In our original
homes, we did not have to pay for water supply.
iv. The Government
must conduct an inspection on the quality and condition of the new
longhouses in Sungai Asap to determine their construction flaws
and to investigate absent security features. Immediate measures
must then be taken to rectify the problems found.
v. Due to all
the difficulties that we are facing in Sungai Asap, as detailed
above, many of the settlers have chosen to return to their old homes
in upstream Balui River and remain with the families who had refused
to move to Sungai Asap.
We urge the
Government to respect the choice made by the concerned families
to continue residing at Ulu Balui on lands which are in fact, because
they have the right to decide on their future and to choose the
resettlement location that they deem as the most suitable for their
needs.
vi. Basic facilities
like secondary schools must also be provided in Sungai Asap along
with cheap public transportation e.g. bus service. The roads in
the resettlement area must also be repaired and tarred as soon as
possible.
III. Problems
affecting former residents around the Balui River who have chosen
to move upstream.
For your information,
several families among the communities who had to be relocated to
make way for the project, have made an independent choice not to
move to Sungai Asap. Instead, this group of residents has chosen
to build a new life in a location of their choice, further upstream
along the Balui River.
We have made
this decision because we are not convinced that life in Sungai Asap
will make us better off than before, as promised by the Government.
We feel that the location of Sungai Asap is not a good choice for
us and we believe that we have the right to decide on our future.
Thus, due to
this decision of refusing to move to Sungai Asap, we are now forced
to face certain adverse consequences that we feel are unfair and
are a violation of fundamental human rights.
The problems
faced by the residents who chose to move to upstream Balui River
are the following:
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Payment
of part of the compensation withheld
The authorities informed us that 70 percent of the compensation
due to us for the loss of properties and lands at our old
homes would not be paid to us as long as we refuse to move
to Sungai Asap.
We believe
that these two issues involve vastly different kinds of rights
and they must not be associated in a manner that can be used
against us. We are entitled to be fully compensated as the
residents who have moved to Sungai Asap because we too have
lost our lands and properties in our ancestral home. At the
same time, we also have the right to choose the location of
our new home and must not be forced to move to Sungai Asap.
The issue of the payment of compensation money should be viewed
as being independent from the issue of our refusal to move
to Sungai Asap.
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Compensation
for our houses and payments for moving and inconvenience
Those of us who have moved further upstream are also entitled
to receive compensation for our old homes as we, too, have
been deprived of our homes just as the residents who have
moved to Asap.
Furthermore,
those who have moved from their original homes to a site of
their choice and not to Sungai Asap, have also been deprived
of payments for moving and inconvenience.
This
is gravely unfair to us.
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Public
facilities have not been developed
We are also now facing several difficulties, as our new homes
are not provided with basic infrastructure like clinics and
schools, which were available previously.
To put
it simply, it is clear that these issues are a form of coercion
that is used against us to force us to move to Sungai Asap.
This oppression must be immediately halted. We would like
to stress that our decision to move further upstream is based
on rational arguments that have been completely ignored by
the authorities.
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Thus, we urge
that:
i. The remaining
compensation of 70 percent for our properties and lands as well
as the compensation for our homes and the payments for moving and
inconvenience must be immediately settled, as the money is rightfully
ours.
ii. The authorities
must provide us with basic facilities and services like schools
and clinics as the provision of such facilities is the responsibility
of a government to its people, regardless of where the people are
situated.
IV. Residents
along Sungai Belaga
The authorities
responsible for Bakun have failed to taken into account the varied
effects of the project that certainly will involve an area larger
than that being inundated. Several adverse impacts have been recently
felt by the residents around the Belaga River due to the development
of the dam-related infrastructure and resettlement area in Sungai
Asap and this has affected many of their economic interests.
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Compensation
for Bakun-Tubau Access Road
For your
information, the development of the Bakun-Tubau Access Road,
which is a Bakun-related infrastructure project, has encroached
onto lands over which the residents of the Uma Sambop Longhouse
in Belaga hold native customary rights.
The affected
areas are firstly, from km 36 to km 43 and secondly, a 4-km
stretch from the exit at km 36 to Sungai Asap. Our land was
taken without our consent in 1997 and our crops and properties,
including houses have been destroyed by the development of
this road.
However,
we have not been compensated until today.
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Fruit
trees cut down by the banks of Belaga River.
In 1997,
workers from the Department of Land and Survey surveyed the
plots where we plant our fruit trees, along the bank of the
Belaga River. These trees were later felled.
Following
our complaints, we were called for a discussion by the authorities
in 1998 and we were told the operation was carried out to
provide a "bank reserve". However until today, we
are not clear as to the purpose of this bank reserve, and
whether or not it is a Bakun-related development.
We have
also not been compensated for this loss.
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Encroachment
on our lands by oil palm plantation
When the
Bakun Resettlement Scheme was being constructed in Sungai
Asap, many oil palm plantations were set up in the area surrounding
Belaga, purportedly to provide job opportunities to the relocated
community.
In 1996,
one of the companies, which we believe belongs to Ekran Berhad,
has encroached onto the lands on which we exercise native
customary rights. Until today, we have not been paid any compensation
for this loss.
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Depletion
of resources due to population pressure
Since
the Government relocated around 10,000 persons from the area
surrounding the Balui River to Sungai Asap, this has adversely
affected the local communities in the neighbouring areas and
the residents of Belaga generally.
The Uma
Sambop Longhouse is only around 12 km from Sungai Asap and
as we have mentioned above, the residents of Sungai Asap were
provided with inadequate and for some, infertile and inaccessible
land for their use.
Due to
the pressures that stem from a lack of resources in Sungai
Asap, some of them today have begun to search for land outside
the resettlement area to farm, inevitably encroaching upon
the land owned by the Uma Sambop Longhouse.
This puts
us in a difficult situation. We are fully aware of their present
hardships but clearly our rights to our land are also now
in jeopardy.
If we
directly confront them, this would certainly lead to unpleasant
conflicts that may have ugly consequences. However, if we
continue to remain silent, surely our interests will also
be at stake.
In addition,
the population pressure has also contributed to the depletion
of river and forest resources in Belaga. In our area today,
it is getting more and more difficult to obtain meat from
hunting, fish from the rivers and rattan from the forest.
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In view of all
the above, we demand that:
i. CompensatIon
be paid to us for the portions of our land that had been taken up
by the development of the Bakun-Tubau Access Road.
ii. The authorities must take full responsibility to resolve the
problems of encroachment of our native customary lands by both the
residents from Sungai Asap as well as the neighbouring oil palm
plantations.
iii. An open
consultation be carried out between the authorities and the residents
of Belaga whose incomes have been severely affected due to the population
pressure from Sungai Asap. It is clearly unjust that only the displaced
communities are being compensated when our livelihoods are also
threatened since their resettlement at our area.
We hope and
pray that the Federal Government and SUHAKAM will take appropriate
actions to ensure that all of the demands above will be fulfilled
as soon as possible.
Although the
resettlement process and the payment of compensation are under the
supervision of the Sarawak State Government, the Bakun Hydroelectric
Project is still a Federal project. Thus, in our view, the Federal
Government must shoulder the responsibility to protect our rights
and welfare and to ensure that we are treated with fairness, as
we, too are citizens of Malaysia.
There have been
many appeals made to the Sarawak State Government to rectify the
many inadequacies and failings of Sungai Asap and the problems upriver
at Sungai Balui. Unfortunately, the State Government has yet to
produce effective solutions to remedy the situation.
Today it is
getting more evident that the Bakun Hydroelectric Project has brought
about negative impacts on more communities than originally foreseen,
not only those who have been displaced by the project. Each of these
problems must be adequately addressed and resolved.
Thus, today
we have travelled all the way from Belaga, Sarawak to personally
alert you on the problems that we face along with the demands that
we have made.
Your kind attention
is greatly appreciated.
Thank you.
Yours sincerely,
Members of Bakun
Region People's Committee (BRPC)
1. Bato Bagi (Chairman)
2. Lahang Ului (Vice Chairman)
3. Dato Lian (Treasurer)
4. Garah Jalong (Secretary)
5. Killah Alang (Member)
6. Bit Buneng (Member)
7. Saran Imu (Member)
8. Gani Dian (Member)
9. Laing Imang (Member)
10. Arong Ludong (Member)
11. Awang Sa (Member)
12. Take Baling (Member)
13. Awi Jeno (Member)
14. Andrew Lasah (Member)
15. Ngajang Midin (Member)
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