Press Releases
PENANS APPEAL TO SARAWAK GOVERNMENT TO RESPECT NATIVE CLAIMS
23rd May 2000

A number of Penan communities in the Apoh, Tutoh, Layun and Patah areas in the Baram District, Miri Division are jointly appealing to the relevant authorities to stop carrying out survey works on their traditional lands which are being undertaken for the creation of the Apoh/Tutoh Forest Reserves and Maringgong Protected Forests.

In a petition which was jointly signed by several headmen, the Penans categorically voiced their objections against the survey work, carried out by officers from the Forest Department. Their objections are based on the following grounds:-
By going ahead with the survey work to demarcate the area for forest reserves and protected forests, the government reflects lack of respect for the customs and rights of the Penans to their lands over which they have survived for generations.
The affected Penans have, at the time of the notification to constitute the forest reserve and protected forest in 1998, sent letters to the government stating their claims to the lands and objected to the proposal to include their communal customary lands for the forest reserve and protected forest. These objections have been totally ignored and the Penans have yet to receive any response from the State.
Prior to the commencement of the survey works, the Penans were not properly notified and consulted.
The Penans also expressed concern that the security of their people and their vital resources in their respective areas could be jeopardised if outsiders encroached into their territories without their prior knowledge and approval.

In the light of the above, the Penans urge the Forest Department and the Sarawak Government to cease all survey work in the affected areas immediately.

Sahabat Alam Malaysia (SAM) shares the concerns and anxieties raised by the affected Penans and calls on the State Government and the authorities concerned to give immediate attention and cease all survey works in the affected areas.

SAM is of the view that the move to constitute large areas of lands and forests which encompass customary lands of the native communities as forest reserves or protected forests in complete disregard of the rights of indigenous communities is contrary to law and is unconstitutional.

Further, this move will gravely affect the ability of the Penans to have free access to and use of their customary lands and resources. They will lose control over their lands and their own future.

SAM has previously highlighted similar concerns to the government in a memorandum sent in 1998. This was prompted following a number of complaints from local communities where forest reserves and protected forests were being constituted. We called for a review of the proposals in view of its far-reaching implications on the rights and livelihood of the native communities. Regrettably, until now, there has been no response from the government.

Our investigations also showed that most, if not all the so-called protected forests and forest reserves which were previously constituted have been licensed out to timber companies or used for other development purposes.

Hence, it is a total misnomer to call them forest reserves or protected forests, giving the impression that they are created for the purposes of conservation. The constitution of such reserves and protected forests are being perceived as a mechanism to deprive the indigenous communities of their native customary rights in favour of the timber and plantation industry and for other uses.

If these forests are indeed classified as permanent forests for the purposes of conservation or for protecting the ecological functions of the forests, then such proposals should not result in the deprivation of the native communities to their ancestral lands.

In view of the ongoing voicing of concerns and objections by the affected communities, SAM reiterates its firm support for the demands made by the indigenous people and calls on the government to:-
Defer all work on the ground especially with regards to survey works to demarcate the proposed areas pending a proper and full consultation with the affected communities and a determination of the status of the communities' claims of customary rights and privileges over the proposed areas.
In designating areas as forest reserves or protection, exclude all those areas over which the natives claim or have exercised their customary rights.
Review laws and policies which enable the extinguishment of native customary rights before any forest areas are constituted as Permanent Forest Estates ( as forest reserves or protected forests) in order to achieve so-called 'sustainable forest management'.

Until such laws and policies are reviewed, the creation of more and more permanent forest estates in the State will be perceived as a formula to deliberately increase the number of conflicts or disputes between the government and the communities and between the communities and the timber and plantation companies.

By extinguishing the rights of natives to their customary lands, the affected communities have no legal basis to assert their role and participation in the management of the forests and gain benefits from the forests.

The spirit and principles of sustainable forest management recognizes the importance of the full participation by local communities in all levels of forest management. These are clearly indicated in many international instruments and covenants. To constitute forest reserves and protected forests in complete disregard and violation of the rights of indigenous communities cannot be regarded as the practice of sustainable forest management.

SAM appeals to the Sarawak State Government to recognise and respect the rights and customs of the indigenous communities.

S.M. Mohd Idris
President
Sahabat Alam Malaysia