The real issue is intra-Malay economic inequality

NIK NAZMI NIK AHMAD

Our 2019 Merdeka and Malaysia Day celebrations were marred by calls from certain quarters for the Malay community to prioritise Muslim businesses and boycott non-Muslim businesses.

The supposed reasons for this initiative is to improve the economic standing of the Malays, as well as to somehow defend the position of Islam and Malays. The underlying reason was the upcoming Umno-PAS gathering.

But is a boycott a viable solution for both causes?

The economic problems of the Malays are not new. The British Colonial policy of divide and rule, as well as the failed laissez-faire policies of the post-Merdeka Alliance government, contributed to the May 13, 1969, tragedy.

After that, the New Economic Policy (NEP) was introduced, which aimed to eradicate poverty irrespective of race and to eliminate the identification of ethnicity with economic function.

In its earlier stages, the NEP involved large investments in education, with extensive scholarship opportunities. This is what largely drove the creation of today’s Malay middle class.

But the NEP was only supposed to last for 20 years, meaning its “expiry date” was back in 1990.

Today, the NEP, as well as the practices it inspired, are still in place. However, the gap between rich and poor Malays has widened.

No one is denying the good the NEP did.

However, today, this policy that only takes race into account disproportionately benefits the Malay elite. It gives them better educational and economic outcomes than their fellow Malay counterparts: the urban poor, low-ranked government employees, Felda settlers and fishermen.

Why? Part of it is because the NEP became a victim of its own success.

Let us consider the bumiputra-reserved Amanah Saham Bumiputra’s (ASB) investment statistics. A total of 7.4 million unit holders or 76.92 percent of them have unit sizes below RM5,000, based on ASB’s 2018 Annual Report.

Only 0.24 percent have a holding size of RM500,001 and above. However, 9.15 percent of the unit holders have subscribed to 81.83 percent of total units or more than RM127.5 billion! The 7.4 million holders of the smallest units only have RM4.1 billion or just 2.65 percent of the total units.

The same is true for Tabung Haji (TH). The original function of TH was to enable savings by the Muslim community to perform the Hajj. It was not supposed to morph into a form of investments for the public.

However, 50 percent of the funds in TH’s savings accounts come from only 1.3 percent of its contributors. There is, according to media reports, an individual who contributed RM190 million!

Widening gap between rich and poor Malays

These statistics show that although the NEP created a Malay middle class, it has done little to close the widening gap between rich and poor Malays. This is the community’s biggest economic challenge today.

Our focus has been on the disparities among the races, but not within Malaysia’s ethnic groups - including the Malays. Continuing to ignore this will condemn the less well-off Malays and Malaysians to indefinite penury and exclusion.

Progress away from this paradigm has been hampered by the fact that our economic model is still stuck in the old, low-wage export model framework. It’s typically used for emerging economies to compete.

This was the transition that South Korea, Taiwan and Singapore - economies that were once at the same level as us - had gone through. However, they increased productivity and wage rates by adding value to their economies.

However, unlike them wages in Malaysia have stagnated. Our open policy in hiring foreign workers has also not helped.

We must also not forget how our economy fell victim to corruption and abuse of power.

The damage that the 1MDB, TH, Yapeim and other alleged scandals have caused on not only Malaysia’s public image, but also the credibility of bumiputra institutions are well known.

Interestingly, PAS, which has backed the boycott campaign, had visited the 1MDB and TH managements when they first began to ally with Umno. PAS’ leaders reportedly even stated that they were satisfied with the excuses given to them over the various allegations.

Rather than act as a check-and-balance, PAS instead inexplicably chose to provide “cover” to the abuses of the previous government.

What must we do to move our community forward? We have a choice.

Yes, there have been studies on discrimination faced by the bumiputra in the private sector, and that must be dealt with.

But are we going to be swayed by demagoguery or are we going to take concrete steps to resolve the Malay - and hence the wider national economic crisis - by looking at the problems within our community?

Countries like Vietnam have surpassed us while Malaysia wallows in its archaic economic model and endemic corruption.

Need to free the T20 Malays to compete with other races

We need to free the T20 Malays to compete with other races while providing support to the urban poor, farmers and workers, many of whom are Malays and bumiputra.

Bumiputra affirmative action must be appropriate and needs-driven: T20 Malays should no longer exploit benefits meant for their B40 and M40 compatriots.

For instance, the government should consider whether ASB accounts that are over the investment limit of RM200,000 should be allowed to reinvest their dividends or if accounts only below that value are to be prioritised - because the latter make up the majority.

Currently, accounts are still permitted to collect dividends that can be invested on top of the RM200,000 cap, arguably benefiting only a small Malay elite.

Tabung Haji should also return to its roots as a savings fund for Hajj at a reasonable rate.

In 2019, the Muassasah Hajj cost stood at around RM22,900 while the subsidy given out by Tabung Haji is RM12,920. Therefore, those who wish to perform the Hajj only need to save RM9,980.

Non-core GLCs and those that have overlapping functions at the federal and state levels can be rationalised through management buyouts (MBOs), subject to terms and conditions.

The majority of GLC managements consists of bumiputras. Therefore, they will benefit from the experience of competing and succeeding in the corporate world. Also, the government sector will not monopolise the financial market.

It is likely that these proposals may spark further controversy. But if we are not ready to face these issues head-on and honestly, ordinary Malays will continue to be left behind.

I have delved more deeply into these issues in my book, Moving Forward: Malays for the 21st Century, which was first published in 2009 and has now been re-released with a new foreword and additional notes.

Boycotts are not the solution to uplift the Malays. Rather, our salvation will lie in a willingness to adopt bold and wise policies, as well as having leaders who are willing to see them through.

Orang Asli face birth cert issue after adat marriages

The Orang Asli, a community 178,000 population, has long been marginalized to the extent that their marriage rituals given due recognition, Pahang Orang Asli representative Fatimah Bahsen said.

"Malaysia has signed the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) twice, the rights of Orang Asli is however still being ignored," she told Malaysiakini in a Orang Asli's women empowerment workshop in Petaling Jaya.

The workshop, organized by woman rights group Empower, also played a 17-minutes video, tittled "We Orang Asli woman, hear our voice", highlighting the reality Orang Asli women facing.

She said that Orang Asli marriages according to their customs are not recognized for the sake of a marriage certificate, she said.

And because of it, they will face difficulties when it comes to pregnancy, giving birth, and even divorce, she said.

"Even if we go (to make police report), for sure they will ask 'where is the marriage certificate?', and we, the Orang Asli marry without a marriage certificate. This is the problem we are facing.

"Without a marriage certificate, we are unable to apply for birth certificates for our children and so on...this creates all sort of problems," she said.

Therefore, Fatimah urged the government to acknowledge the Orang Asli's adat which will give protection to Orang Asli women and children.

 Single mothers' rights denied

Apart from adat not being acknowledged, the community's single mothers are also largely denied their rights.

Even though the government has implemented policies to help single mothers, the Orang Asli can hardly get the assistance, she said.

"When we apply, the officers give us forms to fill and we do. But after they take it and we won't know where it is kept. We ask the officers but they gave all kind of reasons," she said.

All these problems make the Orang Asli feel like they are not “asli” (native) to the land, but are treated like aliens in their own space.

"The government must acknowledge our community as Orang Asli. Until this being realized, we will be seen as the pendatang in our own land," she said.

Orang Asli girls sex victims of Camerons migrants

Many complaints but no one takes it seriously, says local activist

FMT

TANAH RATAH: Orang Asli girls in the Cameron Highlands have become sex victims of illegal immigrants and migrant workers, who have also been blamed for illegal land clearing.

R. Ramakrishnan, head of the Cameron Highlands activist group Reach said many complaints had been made about it, but little action in the way of enforcement had been carried out.

He said some Orang Asli girls have become pregnant as a result of being preyed upon by the illegal migrants. Some have resorted to abortions for fear of shame.

“There are fewer illegal immigrants to be seen in town since the authorities began operations against them, but they have switched to the Orang Asli settlements and brought many social problems there,” Ramakrishnan said, according to Utusan Malaysia.

“At Post Terisu, the migrant workers have paid Orang Asli girls for sex, treating them like prostitutes. It’s becoming more common, but no one seems to take complaints seriously,” he said after a press conference when accompanying anti-corruption commission official Mustafar Ali to visit illegal logging and land clearing in Kuala Terla and Brinchang.

Lawyer activist goes berserk, accuses NGO of stealing Orang Asli aid

Orang Asli kelaparan hingga 4 hari, rayu bantuan segera

Passed over for promotions, Sarawak Dayaks seethe at civil service discrimination

 

A list of promotions, purportedly in the Sarawak Road Transport Department, has sparked outrage among Dayak professionals and civil servants in the state over what they see as proof of discrimination against non-Malay Bumiputera in the federal civil service.

The list, which has been posted on a blog and on Facebook, names eight Malay enforcement officers as “berjaya” (successful) in securing promotions from the N27 scale to N32, while three Dayak officers were listed as “simpanan”, or reserve.

To Dayaks – as Sarawak's indigenous people are called – the list confirms what they have felt all along and what has also been noted in the just-released Malaysia Human Development Report 2013 – that discrimination exists within the Bumiputera working in the civil service, with Malays given preference over natives.

The list was posted on November 25 on www.pengerindu.com, a blog on Dayak interests which has a wide following among Ibans, a branch of the Dayak people.

“Dayaks are only qualified to become 'reserves' until when? I fear the 'tsunami of young Dayaks' could undermine the Sarawak government if nothing is done to help the Dayaks," wrote the author of the post, Mr J.

The post, which has been shared on Facebook, drew sarcastic and angry comments, such as Mijin Asong's, whose original posting in the Iban language translates to "Pity us Ibans to be listed like that... this is clearly religious nepotism".

Another Facebook user, Cobbold John, said Dayaks were "pemain simpanan (reserve players)”, while one called Ribi Rayang said: “That is the reality".

She also joked that the abbreviation "AK" for "anak", (or son or daughter of in traditional Dayak names) actually stood for "Awak Kemudian (you later)".

Civil service recruitment

The Ibans, the largest Dayak ethnic group, make up about 60% of Sarawak's population. Chinese are 25.4% and Malays 22.2%.

The Malaysia Human Development Report, however, showed that federal civil service departments had hired Sabah and Sarawak Bumiputera at "lower than their population share".

In 2009, 6.5% of Bumiputera from Sabah, or 2,170, and 4.9% from Sarawak, or 1,631, were hired in federal departments, the report said, citing statistics from the Implementation and Coordination Unit in the Prime Minister's Department.

This was lower than their population share at 11% for Sabah and 8.7% for Sarawak.

In the earlier years of the New Economic Policy (NEP) from 1970 and 1985, three quarters of new public service jobs went to Malays, with top positions going to Malays, the report added.

“Among bureaucrats holding the most senior government posts, 80% were Malays and 6.3% were Chinese.

“While there is no data available for Sarawak and Sabah (for that period), an examination of the list of senior government officers in the state and statutory bodies reveals a similar trend.

“It is only in the police, armed forces and resident/district offices do we see a better representation of other ethnic groups.

“It is safe to say that very little has changed since the NEP period,” stated the report, which was commissioned by the United Nations Development Programme.

By 2005, data as of June that year showed that "Other Bumiputera" – the term used by the government to denote non-Malay, non-Muslim Bumiputera – only made up 7.8% of the civil service.

Malays, meanwhile, had the highest portion at 77.04%.

But the report also acknowledged that steps had been taken to increase the non-Malay Bumiputera representation in the civil service, and that there had been an increase in recent years.

"Emphasis in the future, now should now aim to strengthen representation at the management and professional levels," it said, warning that if not addressed, such imbalances could lead to "increased racial polarisation and perceived discrimination in our civil service".

In 2012, figures from the Public Service Department showed that there were 1.36 million civil servants, of whom 88.9% or 1.2 million were Bumiputera, but this was not broken down into Malay and non-Malay Bumiputera.

Keeping to the Malaysia Agreement

Despite the acknowledged increase, the effect on the ground has not been fully felt.

Sarawak's outspoken minister, Tan Sri Dr James Masing said the NEP, which was meant to give priority to Bumiputeras in the civil service, had failed to include non-Malay Bumiputera.

“When the NEP was created, it was done with the correct and noble intention. It was to give Bumiputera, the most disadvantaged group in Malaysia at that time, a launch pad to move forward.”

The federal government has also neglected its promise under the Malaysia Agreement to ensure that Sabah and Sarawak natives take charge of the federal civil service in their states, he added.

"If we consider the promised Borneonisation of the Sarawak civil service, then Dayak communities get a raw deal.

"Dayaks deserve more. We have the numbers. We have the necessary qualifications. The federal civil service mustn't marginalise us in civil service recruitment," Masing told The Malaysian Insider.

"Borneonisation" of the public service refers to the point in Sabah and Sarawak's agreement at the formation of Malaysia that indigenous people from these states would be appropriately represented in the civil service.

PKR's Ali Biju, the assemblyman for Saratok, agreed that Putrajaya ought to uphold this point in the Malaysia Agreement.

“It seems to have ended as the Malay-nisation of the civil service," Ali said.

Ali, an Iban, said young Dayak professionals and graduates “felt marginalised”, and the posting of the promotions list, as well as the Malaysia Human Development Report, have only served to confirm the Dayaks' suspicions that such discrimination had been happening.

“We have long suspected it and we believe it is happening at all levels of the civil service, from the top to the lowly jobs.

“We are the largest ethnic group in the state and the number of Dayaks in the federal civil service does not reflect that," he said.

Masing, meanwhile, urged Minister in the Prime Minister's Department Datuk Joseph Entulu Belaun to ensure that more Sabah and Sarawak natives were not only recruited into the public service but given higher posts according to their capabilities. Entulu is the MP for Selangau, in Sarawak.

"The Public Service Department is under his ministerial purview... it is my hope that he will look at recruitment along these lines to remedy the imbalance," Masing said. – November 30, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/passed-over-for-promotions-sarawak-dayaks-seethe-at-civil-service-discrimin#sthash.qV3Dx1b6.dpuf

Court affirms rights of Orang Asli in customary land battle

The Court of Appeal today has affirmed that Orang Asli in the peninsula have rights under the common law over their ancestral land.

A three-man bench ruled unanimously today to set aside the findings of a high court which dismissed the rights of 82 Orang Asli over their ancestral land, spanning 2,832ha between Maran and Kuantan.

Judge Datuk Dr Prasad Abraham, who delivered the judgment, said the bench was of the opinion that two previous court of appeal rulings were correct in stating the legal principles on the rights of the Orang Asli.

Prasad, however, said the present case of Yebet Saman and 81 others from the Semaq Beri tribe will be reheard before a new judge as evidence on the status of the land was unclear.

He said Yebet Saman and the rest of the tribe members would have to prove that they were aborigines; that they had continuously occupied the land; and had maintained the traditional connection with the property in order to be accorded customary rights.

"The high court has to take oral evidence from the plaintiffs to establish this facts," said Abraham who sat with Datuk Abdul Aziz Abdul Rahim and Datuk Mah Weng Kwai.

In the first case, an Orang Asli, Adong Kuwau brought an action against the Johor government for encroaching on ancestral land and the Court of Appeal for the first time established the concept of native title in Malaysian law.

The Federal Court in 1998 upheld Adong’s right to the land although he did not possess any land title. However, no written grounds was made available by the apex court.

In the second, Sagong Tasi and 26 other families from the Temuan tribe mounted a legal challenge in 2002 after their ancestral land in Kampung Tampoi in Sepang, Selangor, was marked out to build the Nilai-KLIA expressway.

In 2005, the appellate court affirmed a high court ruling that the families had native titles to the land based on common law and the Federal Constitution.

Lawyer Yogeswaran Subramaniam, who appeared for the Orang Asli, told reporters that the appellate court ruling was a victory for the community as the judiciary had once again recognised their rights to their ancestral land.

"We had to battle it out of court because the executive and the legislature are not recognising their rights."

Yogeswaran said the court agreed with their submission and added that the common law superseded what was provided in the Aborigines People's Act 1954.

"The court has also looked into legal rights of natives in other Commonwealth countries like Australia, New Zealand and Canada in arriving at its decision."

Yebet and the rest took their appeal to Putrajaya after what high court judge Datuk Marina Yahya did was found to be against the principles established by the court of appeal.

The judge ruled that the Pahang government had power over land maters and did not recognise the rights sought by the Orang Asli.

The Semaq Beri tribe is seeking a declaration that 7,000 acres be declared as customary land.

The tribe filed their suit in 2012 against Putrajaya, the Pahang government, director-general of Orang Asli Development Department, a developer and a sub-contractor.

They said they had occupied the customary land since time immemorial, but like many other Orang Asli groups, they were temporarily relocated by the government during the Emergency (1948 to 1960) for security reasons.

But, they had continuously returned to their customary land to tend their orchards, forage for jungle products and visit sacred sites during this period.

In 1970 a number of them returned permanently to Kampung Mengkapur.

Despite acknowledging the tribe's presence, occupation and use of the customary land, the Pahang government failed to gazette the areas as Orange Asli settlements.

In 2010, the 82 Orang Asli found a notice detailing logging activities over part of the forests on their land and about 1,000 acres had been alienated for oil palm plantation.

Yebet, 64, who was present, said the struggle to exert their right over the land would continue even if they had to wait.

"I believe justice will be served so that we can exercise our right over the land. We have to be patient." – November 28, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/court-affirms-rights-of-orang-asli-in-customary-land-battle#sthash.AWKdsPEt.dpuf

Dayaks will be Dayaks, nothing else!

They have put Putrajaya and the Sarawak Government on notice that they will henceforth be known in official forms as Dayak, not Bumiputera Sarawak, or even worse “lain-lain” (others) in their own country.

FMT

KUCHING: Fifty one years after their homeland, Sarawak, entered into a Federation with Sabah and the peninsula, the Dayaks in Sarawak once-feared for their head-hunting ways want to call a spade a spade.

They have put Putrajaya and the Sarawak Government on notice that they will henceforth be known in official forms as Dayak, not Bumiputera Sarawak, or even worse “lain-lain” (others) in their own country.

They know what they are and want officialdom to take note of that and not pin labels they detest on them.

The Dayak in Sarawak, Orang Asal i.e. indigenous or Native, are puzzled by the term Bumiputera Sarawak and see it as nothing less than reducing them to less than full citizenship, sort of 2nd class citizens or subjects.

“I strongly oppose the term ‘Bumiputera Sarawak’ as I have strongly opposed the words ‘lain-lain’ as the Dayaks will remain as ‘2nd class’ Bumiputera under any other term,” agreed lawyer and Ba’Kelalan Assemblyman Baru Bian.

He was commenting on a Barisan Nasional Youth Resolution on Saturday in Kuching for the immediate removal of the offensive term “lain-lain” in official forms and replaced with “Bumiputera Sarawak” and “Bumiputera Sabah” to classify the Dayak and KadazanDusunMurut respectively.

Baru, among the Dayak leaders who spoke up on a longstanding issue, said there was no reason why the Dayak should not be classified according to their ethnicity.

“Why do we have to use Bumiputera Sarawak? asked Baru who is also Pakatan Rakyat Sarawak chairman. “Does the Bumiputera term include the Malays in the peninsula? If yes, then the problem of 2nd class Bumiputera arises.”

The Sarawak Dayak Graduates Association (SDGA), likewise, said that “lain-lain” should be dropped from official forms.

“The policy to categorize the Dayaks as ‘lain-lain’ is one of the government’s policies that have become a stumbling block to Dayak progress,” read a media update from the association. “The word ‘Dayak’ should replace ‘lain-lain’.”

NCR activist Nicholas Bawin recalled that a National Unity Committee discussed the “lain-lain” issue some years ago but nothing came out of the meeting.

“I told the forum how we could not achieve unity when Dayaks and KadazanDusunMuruts are termed ‘lain-lain’,” said Nicholas who is also Lubok Antu PKR division chairperson. “Lain-lain is not in the law.”

Mengga Mikui, the Dayak National Congress (DNC) President, said that “Bumiputera Sarawak” and “lain-lain” are equally offensive terms, the former being too vague while the latter meant nothing.

The term “Dayak” covers Natives in Sabah, Sarawak and Kalimantan, he added, in echoing the stand taken by the Pan-Borneo Dayak Forum headed by Bingkor Assemblyman Jeffrey Kitingan.

“The term Dayak can be qualified, for example, as Dayak Dusun, Dayak Kadazan, and Dayak Murut in Sabah,” he stressed.

“In Sarawak, it can be Dayak Iban, Dayak Bidayuh, Dayak Melanau and Dayak Orang Ulu.”

He did not say where this leaves the Sarawak Malays, classified in this manner by the Brooke Dynasty of White Rajahs in taking a leaf from the British in the peninsula. The British codified the term Malay to cover the Muslims from Sulawesi, Java and Sumatra whom they found in the peninsula speaking in Malay to communicate with each other.

The Sarawak Malays are mainly Bidayuh and Iban living along the coast who became Muslims.

The term Bumiputera is not law either.

It was first Malaysian Prime Minister Tunku Abdul Rahman who coined the term Bumiputera as an umbrella political term to bring the Orang Asal in Sabah and Sarawak, the Orang Asli in the peninsula and the Malays under one classification.

Orang Asal berhimpun, desak henti bina empangan mega

Report made over 'behead Dayaks' postings

 

The Dayak National Congress (DNC), a non-governmental organisation, this afternoon lodged a police report over two Facebook postings calling for the slaughter of Dayaks.

The postings on the page 'JIM - Jemaah ISIS Malaysia' said that this is as Dayaks are non-Muslims.

One of the postings dated last Thursday alleged that Sabah and Sarawak are "kafir" (non-believer) states where Muslims are "compelled" to “slaughter" non-Muslims.

"Sabah Serawak adalah Negri kapir maka wajib ke atas umat islam menyembelih rkyat mereka di sana."

(Sabah and Sarawak are non-believer states so it is compulsory for Muslims to slaughter the people there)

In another posting today, the same user cited the Prophet Muhammad to say that the Dayaks – a loose term to refer to Sarawakian natives – are destined for hell and should be beheaded.

"Siapakah yang dimaksudkan oleh Rasulullah s.a.w. Tentang  golongan yg brpakaian tetapi bertelanjang dan mereka akan menghuni api neraka? …

"Yang dimaksudkan itu adalah Dayak. Mereka bercawat tapi masih nampak kemaluan. Barangsiapa bertemu dengan golongan ini. Penggal lah kepalanya."

(Who did the Prophet Muhammad refer to when he spoke of those who are nude despite being clothed, who inhabit hell?...

(He means the Dayak. They wear loincloths but their private parts can still be seen. Whoever sees this group, behead them.)

Checks by Malaysiakini at 5.20pm found that the Facebook page has been closed.

More dangerous than PPS

Speaking at the Sungai Maong Police station, Kuching, DNC executive secretary Alim Mideh (below) called on the Inspector General of Police to conduct an immediate investigation as what was stated was not only seditious, but could also cause racial and religious riot.

"The Dayaks are very angry over these statements. In order to avoid any untoward incident, it is in the best interest of racial harmony that the police carry out an immediate investigation and put a stop to these seditious remarks.

"If the police do not take action, there are some members of the Dayak community who are too emotional may take the law into their own hands," Alim warned.

He added that so-called Jemaah ISIS Malaysia is "more dangerous than the Penang Voluntary Patrol Unit (PPS)", which 154 members were arrested as the unit is not registered with the Registrar of Societies.

"(Jemaah ISIS Malaysia) can cause racial and religious riot, if it not handled properly," Alim said urging other Dayak NGOs to come forward to lodge police reports.

He also urged leaders of Sabah and Sarawak to raise the issue with the federal government.

Bar Council says government defrauded Orang Asal

Free Malaysia Today 
by James Sivalingam

Despite a litany of promises made, both the federal and state governments have failed the Penans and Kenyah in a big way in the name of development.

Penan-tribeKUALA LUMPUR: The Bar Council yesterday, through its Orang Asli Rights and Human Rights Committee slammed the Sarawak state government for leaving the Penans and Kenyah high and dry when they were resettled to make way for the building of the Murum Dam.

During the committee’s study trip to the Metalun and Tegulang Resettlement Areas recently, the post relocation conditions of the Penans and Kenyah left much to be desired.

The study group found that the native communities were living in hazardous, treacherous conditions and in almost complete isolation from the rest of the world.

Committee member Andrew Khoo said, “The resettlement project has failed.” He described the relocated communities as being “defrauded,” “cheated” and “short changed” for “which the Sarawak state government has to be held responsible.”

He said this in regards to the numerous promises made to the Penans and Kenyah that were left unfulfilled by the authorities.

Khoo cited the initial food and provision subsidy of RM600 per household per month that has since dwindled to 5kg of chicken wings, flour, and cooking oil only.

Despite being relocated to make way for a dam, Khoo said the irony was that the people of Metalun and Tegulang themselves enjoyed only 6 – 12 hours electricity per day.

Khoo added, “As they were relocated in order to facilitate the construction of the dam, the state government and Sarawak Energy Berhad has the moral and legal obligation to ensure that their welfare is taken care of.”

The observation on the ground was also found to be in stark contrast to the pledges made by the Malaysian government to the United Nations Human Rights Council in October 2013.

The Bar Council’s vice president, Steven Thiru said the state government defaulted in upholding the recommendations of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) that was made during Malaysia’s 2013 Universal Periodic Review.

Thiru also said that indigenous people in Peninsula Malaysia were suffering the same fate as those in Sarawak because the federal government was quick to dismiss litigation of Orang Asli land disputes based on technical and procedural grounds.

“The state and federal governments are not dealing with solving the problem, but merely making the litigation go away for them, and problems remain for the Orang Asli,” Thiru said.

The Bar Council also criticised the lack of effective legislative or executive action to recognise the Orang Asli’s rights to land and resources despite the courts legally recognising it.

Press Release | Recognise Indigenous Minority Rights and Take Immediate Action to Address the Unfulfilled Promises Made to the Penan and Kenyah Communities in Murum

Please click here to download the report of the Bar Council's study trip to the Metalun and Tegulang Resettlement Areas in Murum, Sarawak.

The Bar Council, through its Committee on Orang Asli Rights and Human Rights Committee, undertook a study trip to the Metalun and Tegulang Resettlement Areas in Murum, Sarawak from 17 to 23 May 2014.  The primary purpose of the trip was to study the post-relocation conditions of the Penan and Kenyah native communities, which had been displaced by the construction of the Murum Dam.

The road journey to the Resettlement Areas is hazardous, as the roads turn muddy and swampy.  The journey from these Resettlement Areas to Bintulu or Miri can thus take approximately 12 to 16 hours.  Travelling to school also becomes treacherous.  These factors contribute to the challenge and isolation of life in the Resettlement Areas. 

At the Universal Periodic Review of human rights in Malaysia conducted by the United Nations Human Rights Council in October 2013, the Government of Malaysia made several statements in respect of the communities relocated as a result of the Murum Dam construction.¹ However, it is regrettable that the situation on the ground differs significantly from the seemingly positive statements made by the Government.  For example:

(a)  The promised land allocation of 15 hectares has yet to materialise.  The Penan and Kenyah communities are unable to begin meaningful agricultural activity because of this uncertainty.  Since most of the surrounding land is under the control of palm oil plantation companies, it is difficult to see how sufficient banks of land near to the resettlement areas could be found;

(b)  The Penan and Kenyah communities are being deprived of the provision in full of the promised monthly food supplies of RM600 per month per household.  No genuine attempt has been made to explain the shortfall, nor has the shortfall been rectified;  

(c)  The housing prepared for the Penan and Kenyah communities has been constructed out of poor quality materials and with poor workmanship.  Cracks and other damage are already apparent after a mere six to eight months;

(d)  Promises of adequate furnishing of the houses in the Resettlement Areas have not been fulfilled;

(e)  Promises of diesel subsidies to help children commute to school have not been kept.  Consequently, some children have to make their way to school in small perahu via the river, which is dangerous, especially when there is heavy rain;

(f)  Ironically, despite having been relocated for the purposes of constructing the Murum Dam, which will provide hydroelectric power to the state of Sarawak, the community in Tegulang Resettlement Area receives 12 hours of electricity per day via a diesel-powered generator set.  The Metalun Resettlement Area community receives only six hours of electricity per day via the same method; and

(g)  Job opportunities for the Penans and Kenyahs in or around the Resettlement Areas are scarce or non-existent.  Most of the surrounding timber and palm oil companies hire foreign labour.

 

In short, rather than experiencing “an immediate and substantial improvement in living standards, better access to basic human rights to education and health care, and better economic opportunities, whilst preserving their cultural identities and traditions”, the affected communities have been displaced and left desolate.  Their living conditions are deplorable and their livelihood has been decimated.  In spite of this, there appears to be no sense of urgency in remedying or rectifying the situation.  The standard response when officials from Sarawak Energy Berhad visit the area is one of indifference or callousness.  The Penan and Kenyah communities are simply told that they would have to refer the matter to the “pegawai atasan” in Miri or Bintulu, which is 12 to 16 hours away by road. 

Despite some consultation having taken place with the affected communities, the Sarawak Government has clearly shown that it has ignored the principles of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”), which calls for the free, prior and informed consent (and not just consultation) of the affected communities.

 

This shameful state of affairs exemplifies the broader challenges faced by Malaysian indigenous minorities in protecting their rights and fundamental liberties as indigenous peoples.  In Peninsular Malaysia, there has been no effective legislative or executive action to recognise the customary rights of Orang Asli to their lands, resources and territories despite there being more than a decade of judicial pronouncements by the Malaysian superior courts legally recognising these rights.  Moreover, Federal and State Governments persistently attempt to contest, reverse or ignore binding precedent and jurisprudence laid down in landmark Orang Asli cases such as Adong bin Kuwau v Kerajaan Negeri Johor and Sagong bin Tasi v Kerajaan Negeri Selangor.  The laudatory and humane principles established in these cases are, time and again, more honoured in the breach than in the observance.

A disturbing recent development is the Malaysian Government’s lack of support for recommendations, made during Malaysia’s 2013 Universal Periodic Review, for it to implement the principles contained in UNDRIP.  This contains express provisions calling for the recognition of the rights of indigenous peoples to their lands, territories and resources and the free, prior and informed consent of indigenous communities in matters affecting indigenous lands, rights and resources.  Earlier in 2006 and 2007, the Malaysian Government had unreservedly voted for UNDRIP, proclaiming the Declaration “as a standard of achievement to be pursued in a spirit of partnership and mutual respect”.  It is inexplicable that the Malaysian Government appears to have reneged on its UNDRIP pledge to the international community, and perhaps more importantly, to its indigenous minority citizenry.

As we commemorate International Day of the World’s Indigenous Peoples on 9 August 2014, the Malaysian Bar strongly urges the Malaysian Government to immediately honour its commitment to implement UNDRIP domestically, and to give full effect to the Malaysian courts’ recognition of the customary land and resource rights of indigenous minorities.  

The Malaysian Bar also calls upon the Sarawak Government and its agency, Sarawak Energy Berhad, to immediately address the situation at hand.  They have had many years to prepare for the resettlement during the period of the construction of the Murum Dam, and yet most of the infrastructure provided to the Penan and Kenyah communities seem to have been hurried and last-minute, with many issues remaining unresolved and many promises still unfulfilled.  The life that they have been forced to accept is clearly not sustainable, is unacceptable by any decent standards, and will in the long term lead to a culture of continued dependency on the government.  Genuine regard must be shown for the well-being of the affected Penan and Kenyah communities.

Indeed, the inalienable right of all our indigenous peoples to free, prior and informed choice as to their future and their way of life, must be genuinely recognised and respected.  

Steven Thiru

Vice-President

Malaysian Bar

Najib, Rosmah Get Taste Of Orang Asli Life

GERIK, May 9 (Bernama) -- The visit to the Belum-Temenggor Rain Forest by Prime Minister Datuk Seri Najib Tun Razak and wife, Datin Seri Rosmah Mansor, provides the couple with an opportunity to experience the culture of the Orang Asli community there.

After opening Phase two of the Belum Rainforest Resort, Najib and wife, accompanied by several other VIPs, were taken to Kampung Budaya Orang Asli Tanjung Satu nearby.

They were welcomed by the Orang Asli from several villages in the area and then taken to see the handicraft products, like mat and basket made from mengkuang or screw-pine, produced by the community there for income.

Najib and Rosmah also visited a child centre where 10 Orang Asli children were taught to learn using the iPlay Toy Library approach, an initiative by the Emkay Foundation.

At the venue, Rosmah spent some time with the children and got them to eat banana dip in chocolate, which is a new experience for the Orang Asli children.

The prime minister and wife were then feted to a feast of the Orang Asli food, like grilled tapioca and fish and rice cooked in bamboo, followed by coffee served in bamboo cups.

Before leaving the Orang Asli community, Najib and Rosmah also spent some time with children participating in the Malaysian Green Ranger Camp, a programme to expose children to wildlife and environment conservation.

Polis ‘diam’ kes serangan warga asing terhadap orang asal

Seorang pegawai polis didakwa orang asal telah dihantar oleh majikan warga asing tersebut untuk menawarkan duit bagi menutup kes.


KUALA LUMPUR: Sekumpulan orang asal dari Lojing, Kelantan, hari ini membuat aduan ke Biro Tatatertib Polis Bukit Aman susulan kegagalan pihak polis untuk mengambil tindakan ke atas serangan warga Myanmar ke atas orang asal bulan lalu.
Salah seorang mangsa, Itam Anjang, 49, yang menetap di Kampung Kuala Tahu Lojing berkata dia bersama empat lagi rakannya dalam perjalanan ke kampung bersebelahan untuk ke rumah abangnya bagi menghadiri satu mesyuarat komuniti orang asal sebelum diserang oleh sekumpulan warga Myanmar yang bekerja di kebun sayuran pada 25 Feb lalu.

“Masa itu lebih kurang jam 11 pagi dalam perjalanan tersebut ada sekumpulan warga Myanmar sudah menanti di kebun. Mereka menaiki sebuah traktor dan Hilux (kereta pacuan empat roda).

“Masa itu kami tak tahu niat mereka sebelum tiba-tiba kami diserang sehingga hancur sebiji motorsikal. Jadi kami terus melarikan diri namun saya dipukul di bahagian kepala sehingga pengsan,” katanya kepada wartawan di hadapan Ibu Pejabat Polis Bukit Aman hari ini.

Menurut Itam, kumpulan warga Myanmar berjumlah 200 orang itu turut bersenjatakan parang panjang dan tali.

“Saya sempat beritahu mereka yang hari ini saya matilah dipukul tanpa sebarang dosa,” katanya.

Menurut Itam lagi, mereka terperanjat apabila laporan polis mereka seperti tidak diendahkan oleh pegawai yang bertugas.orang asl1

“Kita buat laporan polis (keesokan harinya) dan mereka kata ini kes ‘sikit hal’.

“Kemudiannya, polis memberitahu saya yang warga Myanmar itu mendakwa saya lari sendiri dan jatuh ke batu, rakan saya pula mabuk dan jatuh manakala motor yang ditunggang abang saya kemalangan sendiri,” katanya lagi yang menerima tujuh jahitan di kepala.

Itam turut mendakwa seorang pegawai polis berpangkat sarjan mendekatinya selepas itu untuk cuba menutup kes.

“Dia datang dan beritahu saya majikan warga Myanmar tersebut menawarkan RM500 untuk menutup kes.

“Saya cakap kalau bagi saya RM100, 000 pun saya tak nak ambil. Saya warga Malaysia…pendatang asing datang sini cari makan tapi pukul kita,” katanya lagi.

Seorang lagi mangsa, Rahman Uda, 39, yang menerima 15 jahitan kerana kecederaan di bahagian kepala akibat dipukul dengan kayu berkata mereka tidak mengetahui mengapa mereka

“Masa tu saya tidak pandang ke belakang dan terus berlari. Mula-mulanya saya dibaling dengan batu di bahagian belakang badan sebelum saya dipukul dengan kayu di kepala,” kata Rahman yang sering pening dikepala akibat kejadian tersebut.

Rahman, yang terpaksa bermalam di hospital selama dua hari tu menambah sehingga hari ini dia masih tidak mengetahui mengapa mereka diserang.

Kumpulan orang asal ini turut mengesyaki kejadian itu didalangi oleh sebuah syarikat pertanian di sana yang mengupah warga Myanmar, yang diketuai oleh seorang lelaki bernama Ali untuk memukul masyarakat orang asal.

Kumpulan orang asal ini turut ditemani oleh wakil dari Majlis Peguam yang turut kesal orang asal ini cuba disogok dengan wang ringgit untuk menutup kes.

“Kami memberitahu mereka jika mereka tidak berpuas hati dengan polis di Kelantan mereka boleh membuat aduan di Bukit Aman.

“Kami berharap polis Bukit Aman dapat menyelesaikan perkara ini supaya keadilan untuk orang asal dapat ditegakkan,” kata wakilnya Siti Kassim.

Jelas Siti, ini bukan pertama kalinya perkara ini berlaku dan perkara ini sudahpun diajukan kepada kerajaan negeri Kelantan, namun tiada sebarang tindakan yang diambil.

Tambah Siti lagi, pihaknya tidak menolak kemungkinan kejadian ini berbabit dengan pengambilan tanah orang asal untuk diusahakan tanpa mendapat persetujuan orang asal.

Kesihatan Orang Asal terjejas dengan penerokaan kuari

Penduduk kampung itu juga menghadapi pelbagai masalah kesihatan sejak kerja-kerja tanah telah dimulakan sejak dua bulan lepas.

SEREMBAN : Aktiviti penerokaan kuari berhampiran Kampung Gebok, Mantin mengundang pelbagai masalah kesihatan kepada lebih 120 penduduk kampung tersebut yang terdiri daripada Orang Asal.

Semalam FMT mengutarakan permasalahan di Kampung Gebok apabila difahamkan ada sebuah syarikat yang telah memulakan kerja-kerja awal untuk membuka sebuah kuari tidak jauh dari perkampungan Orang Asal tersebut.

Penduduk kampung mengadu bahawa akibat daripada penerokaan tersebut mereka kehilangan punca pendapatan apabila tanaman mereka seperti getah, durian, nangka, petai dan jering musnah.

Tetapi selain daripada itu penduduk kampung itu juga menghadapi pelbagai masalah kesihatan sejak kerja-kerja tanah telah dimulakan sejak dua bulan lepas.

Tok Batin (Ketua Kampung) Kampung Gebok, Razali Onchum, 33, mendakwa sumber air untuk minuman, masak, mandi dan untuk pelbagai kegunaan penduduk kampung adalah dari air bukit.

“Sejak penerokaan ini berlaku di bukit sana, sumber air kami juga terjejas apabila air kadang kala menjadi keruh terutama sekali selepas hujan.

“Pada hari cuaca yang panas dan kering, rumah kami berhabuk,” kata Razali.

Ali Asum, 57, pula mendakwa sejak penerokaan itu bermula, beliau sering menghadapi masalah batuk dan selsema.

“Sejak dua bulan ini saya selalu batuk dan selsema. Walaupun saya telah pergi ke klinik, mendapatkan rawatan dari doktor dan mengambil bekalan ubat, tetapi masalah batuk dan selsema ini tetap berulang.

“Selain itu saya juga sering mengalami masalah cirit-birit, mungkin disebabkan air bukit yang menjadi sumber air kami kini tahap kebersihannya terjejas ekoran daripada penerokaan ini. Mata kanan saya juga kadangkala sakit.

“Saya percaya ini berpunca daripada masalah habuk yang melanda kampung ini selepas tanaman kami di atas bukit itu telah dibersihkan oleh syarikat kuari itu,” ujar Ali.

Seorang surirumah, Lidya Botek, 25, pula mendakwa masalah habuk ini menyebabkan rumah dan pakain penduduk menjadi kotor.

“Baju yang disidai diampaian menjadi kotor. Lantai dan dinding rumah juga berhabuk walaupun saya telah menutup pintu.

“Tingkap rumah juga berhabuk. Katalah saya lap tingkap hari ini, esoknya akan berhabuk semula,” keluh Lidya.

Tanah persendirian

Sementara itu Pegawai Daerah Seremban, Hasnul Mohamed menjelaskan pihaknya hanya bertindak sebagai orang tengah dengan harapan penduduk kampung dan pemaju tanah dapat mencapai persefahaman.

“Kita tidak boleh buat apa-apa kerana tanah terbabit milik persendirian. Awal Disember lalu kita sudah memulakan perbincangan dan sekarang kita sedang mencari tarikh baru untuk mengadakan perbincangan untuk kali kedua agar mencari jalan penyelesaian terbaik untuk kedua-dua pihak,” katanya.

Pengarah Jabatan Kemajuan Orang Asli (JAKOA) Negeri Sembilan, Haslin Abdul Razak berkata pihaknya sama sekali tidak setuju aktiviti kuari dijalankan di situ kerana boleh mengundang pelbagai risiko kepada penduduk kampung.

“Pegawai saya ada menghubungi wakil pemilik kuari terbabit pada November lepas dan mendapat respons positif, di mana syarikat tersebut akur dengan arahan pihak berkuasa tempatan,” ujar beliau.

Sumber pendapatan Orang Asal diancam dengan penerokaan kuari

Inilah sumber pendapatan kami yang utama. Tetapi atas penerokaan kuari di atas bukit, habis tanaman kami telah dimusnahkan

SEREMBAN: Ekoran penerokaan kuari oleh sebuah syarikat berhampiran dengan sebuah perkampungan Orang Asal di Mantin, berdekatan Seremban; sumber pendapatan utama penduduk kampung terbabit kini terancam.

Tok Batin Kampung Gebok, Razali Omchum berkata penderitaan 32 keluarga bermula lebih kurang dua bulan lepas apabila sebuah syarikat telah mula menebang atau memusnahkan tanaman penduduk di sebuah bukit, di belakang kawasan perkampungan mereka.

“Saya difahamkan syarikat itu akan memulakan operasi kuari dan kini kerja-kerja awal seperti membersihkan kawasan dan tapak telah dilakukan.

“Kampung Gebok ini wujud sejak berpuluh-puluh tahun dulu sebelum merdeka. Ini tempat asal kami dan nenek moyang kami.

“Kebanyakan penduduk kampung mencari pendapatan di sini dengan menoreh dan menjual getah serta menjual pelbagai buah-buahan dan sayur-sayuran seperti durian, nangka, petai dan jering.

“Inilah sumber pendapatan kami yang utama. Tetapi atas penerokaan kuari di atas bukit, habis tanaman kami telah dimusnahkan. Kami tidak ada hasil pendapatan kerana sumber perdapatan kami telah dimusnahkan atas alasan ingin membuka kuari,” kata Razali.

Ahli Dewan Undangan Negeri, J Arulkumar (DAP) berkata beliau telah membuat aduan dengan Jabatan Alam Sekitar (JAS) Negeri Sembilan dan pihak JAS telah datang ke Kampung Gebok untuk melakukan siasatan pada 11 Disember lalu.

“Dalam surat jawapan bertarikh 12 Disember yang diberikan oleh Pengarah JAS Negeri Sembilan, Charanpal Singh kepad saya: beliau berkata setelah pihaknya menjalankan siasatan, aduan tersebut berasas dimana kerja-kerja tanah telah dimulakan dan tanah yang ditolak dari atas bukit telah mula jatuh ke bawah dan menghasilkan pencemaran habuk.

“Ianya juga menjejaskan kesihatan penduduk Kampung Gebok. Dalam pada itu tapak sempadan cadangan kuari adalah 100 meter sahaja dari sempadan Kampung Gebok. Aktiviti yang dijalankan berpotensi tinggi untuk menjejaskan kesihatan, keselamatan dan kesejahteraan penduduk.

“Surat jawapan Charanpal juga menyentuh bahawa JAS amat prihatin dengan isu pencemaran udara, gegaran, air dan bunyi bising yang akan terhasil dari kewujudan satu lagi kuari di kawasan yang sangat berhampiran dengan penempatan penduduk.

“JAS Negeri Sembilan juga telah memaklum kepada pihak berkuasa tempatan bahawa tapak projek kuari yang dicadangkan adalah tidak sesuai dan JAS tidak menyokongnya,” jelas Arulkumar.

Arulkumar meminta Pejabat Tanah dan Daerah Seremban serta Majlis Perbandaran Nilai membatalkan segera cadangan mewujudkan sebuah operasi kuari di sini kerana mengundang pelbagai masalah kepada lebih 120 penduduk kampung ini.

Ahli Parlimen Seremban, Loke Siew Fook (DAP) meminta Pegawai Daerah Seremban bagi pihak Pejabat Tanah dan Daerah Seremban memberikan penjelasan apakah kuari yang bakal beroperasi ini mempunyai permit atau tidak.

“Kita mahu tahu apakah Pejabat Tanah dan Daerah Seremban memberikan permit kepada syarikat ini untuk menjalankan operasi kuari. Jika keluarkan permit, persoalannya bagaimana boleh diberi permit (kelulusan) tanpa sokongan JAS?

“Saya mohon Menteri Besar Negeri Sembilan, Mohamad Hasan segera arahkan Pegawai Daerah Seremban memberikan laporan lengkap.

“Jika tiada sebarang tindakan dalam masa dua minggu ini, beliau bersama-sama penduduk kampung Orang Asal tersebut akan mengadakan bantahan di hadapan pejabat Menteri Besar,” ujar Loke.

The Star reporter awarded for story on plight of orang asli

The Star 

PETALING JAYA: The Star journalist Isabelle Lai (pic) has picked up a special recognition award for her work on the plight of the orang asli in Kelantan at the 2013 regional Indigenous Voices in Asia awards.

The awards were held in conjunction with Human Rights Day on Dec 10 and organised by the Asia Indigenous Peoples Pact (AIPP) to acknowledge media professionals who cover issues on indigenous people.

In her Dec 28 story titled Orang Asli Logged Out, Lai wrote that an estimated 10,000 orang asli are living in dire straits due to extensive logging and forest conversion.

She visited several orang asli villages in Gua Musang to take a look at how they were now surrounded by vast areas of logged forest which had been converted to monocrop industrial plantations.

The years of logging have caused small animals such as squirrels, monkeys and wildboars, which are hunted by the orang asli, to decrease drastically.

“I also interviewed several orang asli activists who are now fighting to have their land rights legally recognised. They claim that all of these activities have been done throughout the years with no prior consultation, as well as with little regard for their well-being,” said Lai, who received a cash award of US$300 (RM963.33) and a certificate.

Society of Indonesian Environ-mental Journalists chief editor IGG MahaAdi picked up the outstanding reporting award, while AFP’s Nepal correspondent Deepak Adhikari also received a special recognition award.

Orang Asli: We are not stupid anymore

FMT by Vignesh Kumar

The Orang Asli throughout the country are awakening to the loss of their lands and rights and demand that the government cease these acts of crime.

KUALA LUMPUR: The Orang Asli communities say that they are not stupid anymore and have realised how the government is grabbing their land.

Jaringan Kampung Orang Asli Se-Malaysia (JKOASM) co-ordinator Tijah Yop Chopil said: “I hope the government will be fair in protecting indigenous people’s land and rights”.

“The government must realise that robbing the indigenous people of their land is a crime. They do not comply with the indigenous people’s land laws.” she said.

“They have to stop this immediately. We are not stupid anymore,” Tijah said.

Tijah was speaking at the 7th Land Conference of the Indigenous People held at the YMCA Brickfields today.

She also wants the government to respond to Suhakam’s report on the national inquiry pertaining to the Orang Asli land rights.

Suhakam’s report initially listed 18 recommendations but during the five-day land conference which started on Nov 21 and ended today, JKOASM further identified and added 17 new resolutions toward protecting their land rights.

“The government has formed a special task force to look into this matter. We want assurance from the government’s task force that they will protect the Orang Asli land rights,” said Tijah.

Tijah said the Orang Asli community need proper clarification from the government and that their rights should not be questioned.

“We hope the government gives due recognition to our land rights, looks into this matter seriously and preserve our rights.

“We are the original people of Malaysia and we have the rights,” she said.

“We will fight all out to protect our land,” she added.

Orang Asli Selentar the Victim of IDC

S.Ramakrishnan,

The Orang Asli Seletar, a sea faring community, have lived along the coast of south Johor for hundreds of years. They are traditional fisherman living off the catches along the mangrove forest in the southern coast of Johor. These mangrove forests are steadily being cleared to make way for ports, power plants, oil storage, high rise buildings and industrial sits. These rapid emergence of industrial development sites along the coastal area of Nusajaya and Iskandar corridor are fast encroaching the orang Asli Seletar customary land leading to their ultimate eviction.

All their appeal to preserve their customary land to the Johor state government has fallen on deaf years and the coastal land is being continuously developed. The continued decimation of mangrove forests and pollutions of tributary rivers and coastal waters have crippled their traditional and subsistence activities thus driving them to poverty and possible extinction.

The Orang Asli Selentar are lamenting and seeking for help to save the mangrove forest which was rich with sea shells, crabs, shrimps, fishes, birds, monkeys and other reptiles. They are all fast depleting and the orang asli fishermen folk’s income has dwindled. The fast growth in the Iskandar development region has brought high revenue to state government, developers and foreigners but the original inhabitants have been left high and dry without any support.

The kampong Simpang Arang folks have written to Johor state menteri besar, Mr Tan Ah Eng the former MP for Gelang Patah, Datuk Haji Abdul Aziz bin haji Sapian former Adun on Sept 2012 but no response. They sought help from the Johor Port Berhad but offered pittance. They have made several police reports but no response from the state government. In Dec 2012, 188 Orang Asli Selentar have filed a class action in the Johor Bahru high court against 12 parties including state and federal government. They are yet to be considered by the courts. Earlier in Sept 2010 they filed a case against the local council and Johor director of land and mines, for committing trespass of orang asli selentar plaintiffs’ land and won the case. But on the ground orang asli selentar continue to facing the same old problem of dwindling income and no decision on their customary land and their livelihood.

The “equitable and fair distribution among stakeholder” clause in the Iskandar development comprehensive plan did not provide any compensation to the original inhabitants. The Orang Asli Selentar are simply ignored and conveniently forgotten in the whole development plan by Iskandar regional development authority (IRDA). The 180 orang asli selentar families in Kampong simpang arang don’t have ownership of their kampong house and their customary land exposed to development without any negotiation, recourse or compensation. Their burial grounds are exposed to be desecrated and removed to make way for development.

The kampong Simpang Arang Orang Asli folks are looking forward to submit a memorandum to Prime Minister in Putrajaya to look into their plight and take affirmative action to preserve their customary land and burial ground in the mangrove forest.

The deforestation of Mangroves along the coast of southern Johor is also an environmental concern. They are a safety net against any tsunami and high waves. It was reported in the world conservation report that the damage caused by the tragic 2004 Asian tsunami was exacerbated by over clearing of mangroves and other “bioshields”, inappropriate coastal development and inadequate information and preparedness. This tragedy continues unabatedly along the coast of southern Johor in name of development and national growth. Mangrove forest also act as filters and traps of pollutants and the stabilization of coastal land by trapping sediment and protection against storm damage.

It is rather surprising that the Johor department of environment has not taken any affirmative action to stop these developments that are causing gradual depletion of mangrove forest. We call upon them to take positive action. Orang Asli Selentar community is an important stakeholder in the management of mangrove forest. They have lived along and preserved the mangrove forest all this while but they are completely alienated and ignored. We hope the DOE comes open with what is happening to the mangrove forest and outline steps taken to preserve them.

Sustainable Palm Oil: Marketing Ploy or True Commitment?

Press Event to Issue Research in Advance of the RSPO’s 11th Annual Meeting in Medan; NGOs From Across Asia and Africa Question Effectiveness of RSPO Standards

Growing global demand for palm oil is fuelling the large-scale expansion of oil palm plantations across the forests of Southeast Asia and Africa. Concerns about the resulting environmental and social impacts led to the establishment of the Roundtable on Sustainable Palm Oil (RSPO) in 2004. The RSPO certifies operations that respect the rights of indigenous peoples and local communities living on the land and also conserve lands and forests with high conservation value.

But RSPO-certified companies have not always held to their commitments, especially in respect to the rights of indigenous peoples and local communities. The depth of these commitments are explored in an extensive research publication titled Conflict or consent? The oil palm sector at a crossroads, which will be launched at a press conference in Medan, Indonesia, on 7 November, 2013.

The research has been conducted by Forest Peoples Programme, Sawit Watch (both NGO members of the RSPO) and Transformasi Untuk Keadilan Indonesia, in collaboration with 17 NGO partners, and provides detailed analyses of the performances of 16 palm oil operations, many run by RSPO member companies, in locations across Asia and Africa.

Representatives from the NGOs who conducted the research publication will gather in Medan, ahead of the RSPO’s 11th Annual Meeting (11-14 November, also in Medan), to launch the report and circulate its findings and recommendations.

WHAT:	Press conference to launch new research publication Conflict or consent? The oil palm sector at a crossroads by Forest Peoples Programme, Sawit Watch and Transformasi Untuk Keadilan Indonesia, in advance of the Roundtable on Sustainable Palm Oil (RSPO)’s 11th Annual Meeting
WHO:	Marcus Colchester, Senior Policy Advisor, Forest Peoples Programme (UK) Anwar Sadat, Executive Director, WALHI Sumatera Selatan Norman Jiwan, Executive Director, Transformasi Untuk Keadilan Indonesia Agustinus Karlo Lumban Raja, Head of Department, Environmental and Policy Initiative Department, Sawit Watch (Indonesia) Kittisak Rattanakrangsri, Executive Director, Indigenous Peoples’ Foundation for Education and Environment (IPF) (Thailand) Christopher Fon Achobang, Environmental Consultant (Cameroon)
WHEN:	Press conference: 7 November 2013, 1pm - 3pm local time
WHERE:	VIP Lounge, Aryaduta Hotel, Medan, Indonesia
RSVP:	To RSVP for the 7 November press conference please contact: Sophie Chao, sophie@forestpeoples.org; phone +62 812 9516 5111 For additional enquiries, please contact: Wiwin Rahmawati, rahmawati_winarni@yahoo.com; phone +62 251 8352171 Agustinus Karlo Lumban Raja, carlo@sawitwatch.or.id ; phone +62 813 85991983 Bekmi Darusman: +628126479148 Gun/Edi Sutrisno, edisutrisno.01@gmail.com; +6281315849153 To request interviews, please contact: Gemma Humphrys, gemma@forestpeoples.org; phone +44 (0) 1608-652893

Best regards,
Forest Peoples Programme

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