Saturday, September 19, 2009

Interhill Logging's Violations

International probe uncovers Malaysian loggers' offences

An independent review commissioned by Europe's leading tourism group, Accor, confirms that Interhill Logging, a Sarawak logging group, is routinely violating the forest legislation and failing to comply with internationally acknowledged social and environmental standards.

The review has been undertaken following accusations by indigenous Penan communities in the East Malaysian state of Sarawak that Interhill Logging was violating their rights and damaging their forest environment. Interhill employees have also been accused of intimidating the locals and of sexually abusing Penan girls and women. The Paris-based Accor group subsequently drew public criticism for its cooperation with Interhill on the construction of the "Pullman Interhill", a 23-storey luxury hotel in Sarawak's state capital of Kuching.

The report shows that Interhill's logging operations in Sarawak's Middle Baram region lack the free, prior and informed consent of the local communities. Conflicts between the company and the local communities have arisen on numerous issues, including the logging of community forest reserves, the felling of fruit and poison-dart trees, the pollution of drinking water supplies, the non-payment of adequate compensation and a lack of transparency with regard to the quantity of logs harvested. While the review provides details of how Penan have been intimidated by logging company officials, it does not draw any conclusions regarding the issue of sexual abuse, making reference to the official investigations into this matter.

Logging operations "very definitely not sustainable"

According to the review, Interhill entered the 61,000-hectare concession in Sarawak's Middle Baram region in 2002, immediately after another logging company had logged the area twice within ten years. Interhill expects to cut a total of 940,000 cubic metres of logs (20 tons per hectare) by 2013, whereas 2.2 million cubic metres (60 tons per hectare) had already been removed from the Penan's forests between 1989 and 2001.

Right from the start, the review underlines the fact that "logging in natural forest on such short cycles is very definitely not sustainable as can be seen from the reduced harvest volumes being achieved by Interhill compared to the much higher volumes achieved ten years ago (...)." It concludes that certification according to the internationally acknowledged FSC standards was out of the question, with the lack of long-term land tenure being another reason why such logging operations could not qualify as being sustainable.

While stating that "the forest is inevitably suffering degradation" from Interhill's operations and that the future of the forest is "already threatened", the review implicitly criticizes the fact that the Sarawak Government permits short cycle re-entry. Peninsular Malaysia and Indonesia, by comparison, do not allow re-entry logging within a period of 35 years.

Compliance with the law in some cases minimal or absent

According to the review, Interhill Logging does not comply with the legal requirements as defined by Sarawak's Natural Resources and Environment Board: "Field observation indicated that full compliance was not being achieved and in some cases was minimal or absent".

While the review thus states that Interhill is committing a number of illegal acts, it fails to specify which legal requirements have not been met by the loggers. One major offence appears to be the company's failure to acquaint itself with the boundaries of the Native Customary Rights lands within the logging concession, as stipulated in the logging licence.

Another shortcoming of the review is that it fails to provide basic documentary evidence, such as the logging licence, the forest management plan or an apparently existing Environmental Impact Assessment Report. While Sarawak's logging industry is used to operating under a cloud of secrecy, the provision of such documents would be required for an external review to be credible and transparent. International standards for public access to environmental information were set out by the United Nations in the 1998 Aarhus Convention.

Logging fails to contribute to long-term development

Whereas the review suggests that the local communities derive some kind of benefit and compensation from Interhill's logging operations, the distribution of compensation is being handled arbitrarily, with several communities insisting they have not been compensated at all. It is significant to note that Interhill fails to keep records of the compensation allegedly provided to the communities.

More importantly, the review concludes that "there is no inherent long term development advantage" from the social benefits provided by the company: "When Interhill eventually completes the logging and presumably withdraws from the concession area, the Penan will be deprived of the current benefits received and are unlikely to have achieved much to elevate themselves from their current status, described by the Marudi District Officer as being among Malaysia's hard-core poor."

Sarawak's legal framework deeply unjust towards the local communities

While this review exposes a number of legal offences and shortcomings relating to a specific logging company, it must be borne in mind that Interhill is profiting from a deeply unjust legal and political framework that systematically disadvantages and discriminates against the indigenous communities.

It is generally acknowledged that Sarawak's forest legislation by no means fosters sustainability and that forest law enforcement is a serious problem. It is thus not surprising that the review states that official inspections of Interhill's operations "do not appear to be routinely conducted and are perhaps only very cursory" and that "the pressure to comply with legally required terms and conditions is not great."

Among the logging companies active in Sarawak, Interhill is a medium player, and other companies might engage in even worse behaviour. The Penan point, in particular, to misdeeds committed by Rimex, a company that had been logging the area before 2002, and by Samling, a multinational logging giant that is active in several adjacent concessions and shares logging roads and a timber camp with Interhill.

Conclusions and demands formulated by the Bruno Manser Fund

The Bruno Manser Fund welcomes the release of the independent review and thanks Accor for facilitating a dialogue process involving all the stakeholders, of which the current review marks an initial outcome. It must, however, be borne in mind that Interhill – and subsequently Accor as its business partner – will be judged by deeds and not by words.

For a company like Interhill, corporate social responsibility must first and foremost mean respecting the free, prior and informed consent (FPIC) of the local communities. All measures must be undertaken from a long-term perspective, permitting the local communities to engage in sustainable development in what is already a heavily damaged forest environment, even after the expiry of the current logging licence in 2013.

In practical terms, the Bruno Manser Fund asks Interhill

- to scale down its logging operations with immediate effect and to remove all machinery from areas in which the company lacks the free, prior and informed consent of the local communities.

- to remove from the field all employees who have intimidated the locals or who have factually or allegedly been involved in cases of sexual abuse.

- to stop denying that sexual abuse is a serious problem for the indigenous communities and to fully comply with and actively support police investigations.

- to acknowledge that the local communities, in particular the Penan, have legitimate claims to the forests within the Interhill concession and to refrain from legal action that is directed against the Penan's land claims.

As for the social benefits and compensation owed by Interhill to the local communities for its past and current logging operations, a solution will have to be negotiated between the actors involved. Social benefits and compensation should be aimed at empowering the local communities and must not be allowed to corrupt indiviuals or to increase the communities’ dependency on the logging company.

(15 September 2009)

Interhill Mission Report.pdf (295KB)


Taib Will Not Listen To The Plight Of The Natives

JOAS MEDIA RELEASE: SARAWAK STATE GOVERNMENT NOT LISTENING TO ITS INDIGENOUS PEOPLES PDF Print
Posted by admin, Malaysia Today
Thursday, 17 September 2009 21:08


On the day that Malaysia was formed, 15 indigenous peoples who stood for four hours outside the Chief Minister’s office on behalf of longhouses and villages in Sarawak that would be affected by two proposed dams were arrested outside the office of the Chief Minister as they waited to submit a simple memorandum. Among those arrested were JOAS (Malaysian Indigenous People's Network) leaders Mark Bujang (BRIMAS), Raymond Abin (SCAN) and Hellan Empaing (WADESA) who were there in support of the Penan, Iban, Kayan and Kenyah representatives of the affected communities.

"We came to Kuching city to give a memo to the Chief Minister because we were not happy with the Murum Dam construction. If this continues, our lands will drown, and how are we supposed to live and survive? This memo contains our concerns so that the state government can listen to our worries." said Sui Along, Penan representative from Long Luar, a village in the affected area of Murum.

The police arrested the 15 after receiving a call from the Chief Minister’s office. After being held for seven hours without food and water by local police, they were charged with illegal assembly and released on bail. They will be expected to appear in court on 29 September 2009.

The proposed Murum dam is the first of 12 new proposed dams to be built throughout Sarawak. Quickly announced by the government after NGOs found plans on these dams on internet websites of the Chinese contractors, these dams were planned without prior consultation of the affected communities, let alone the free, prior and informed consent of the indigenous peoples on whose lands these dams would be built. In its inception, the still constructed and highly controversial Bakun dam was touted as being able to supply the energy needs of Malaysia, bringing into question the need for an additional 12 dams.

Rubbishing state leader claims that local NGOs had instigated the incident, BRIMAS Executive Director Mark Bujang said that they had responded to the communities because no one else wanted to listen. “We brought these remote communities together in Kuching to discuss their common concerns. For many of them, this was the first time they had come down to the city centre and they stated to us they wanted their concerns to be heard by representatives of the government and so we lent moral support to them.”

SCANE Director Raymond Abin said that when the representatives of the local government refused to listen, the communities wanted to come to Kuching. “Now that we have come all the way here to where our government leaders are, they still refuse to listen to us,” he said. “This questions their sincerity in saying they are concerned about listening to the indigenous peoples of Sarawak.”

JOAS President Adrian Lasimbang said the arrest and blatant intimidation of the indigenous peoples showed clearly the lack of commitment by the state government to internationally recognized frameworks of consent and consultation that form part of the collective rights of indigenous peoples and added that “In solidarity with JOANGOHUTAN, we support the call to the EU to suspend FLEG negotiations with Malaysia in view of the flagrant disregard of the government for free, prior informed consent and consultation with communities affected by logging and by development projects. We additionally call for the Malaysian government to review its policies to ensure that international law, especially those concerning human rights and the rights of indigenous peoples, is mainstreamed.” This violation is contradictory to article 32 (2) of the UNDRIP that stated States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

The full list of indigenous peoples detained are: Mark Bujang (Executive Director of Borneo Research Institute, BRIMAS), Hellan Empaing (President of Wanita Desa Sarawak, WADESA), Dominic Ng, Johannes Ya, Rukka anak Laku, Philan Yau, Nan Evan, Simon Saging, Ramly anak Datuk, Abin Bira, Sui Alloh, Nang Buleng, Panai Irang, Bujang Dalong, and Koleh Ngo.

BRIMAS – Borneo Resources Institute, Sarawak’s leading NGO and supporting NGO to JOAS

SCANE – Sarawak Conservation Network, a coalition of leading environmental and indigenous rights organizations in Sarawak

JOANGOHUTAN – Network of Indigenous Peoples and NonGovernmental Oragnizations on Forest Issues

WADESA – Sarawak Native Women’s Association

Friday, September 18, 2009

Senyum Kambing - Kereta Lembu 1Malaysia

Sarawak Dam Protestors Arrested Outside Taib's Office


SURVIVAL INTERNATIONAL PRESS RELEASE


16 September 2009

PENAN TRIBE ARRESTED OUTSIDE GOVERNMENT OFFICES IN BORNEO

The Penan have been struggling for decades 
 
to prevent the destruction of their land ©Survival

At least fourteen people, including six members of the Penan tribe, were arrested in Malaysia today as they tried to voice their opposition to hydroelectric dams that will force them off their land.

The group of indigenous people and activists were arrested outside the offices of the Chief Minister of the state of Sarawak, in the Malaysian part of Borneo. They were attempting to hand in a statement calling on the government to stop the construction of dams that are to flood the land of many Penan and other tribespeople, destroying their forest and burial grounds. Over 600 Penan have added their signatures to the protest.

Raymond Abin of the Sarawak Conservation Action Network was one of those arrested. Speaking from police custody, he told Survival that they had not been allowed to hand in the statement, so had waited outside. After four hours, the Chief Minister’s office called the police and they were arrested. No charges had so far been made against them.

One Penan man told Survival earlier this year, ‘This land is my ancestral land. It has been used by Penan for ten generations. We don’t want to move, and we don’t want to give this land to anyone.’ The people of his village have been told they must move to make way for the Murum dam, which is already being built by the controversial Chinese state-owned China Three Gorges Project Corporation.

Survival’s director Stephen Corry said today, ‘Survival is extremely concerned that the Penan and others have been arrested for trying to voice their concerns about these dams which, if completed, will devastate their lives. Instead of locking them up, the Malaysian government should listen to them.’

In a separate development, Malaysian police are reported to have dismantled three road blockades mounted in August by twelve Penan communities against the logging and plantation companies that are destroying their forest.

-ENDS-


To read this story online: http://www.survival-international.org/news/4941

See also these related postings from Sarawak Headhunter's archives:

"Damn Taib!"

"Natives Of Sarawak In Any Of These Dam Areas, Beware!"

"Chief Minister & Sons Berhad & The Sarawak Dams"

"Resettled Bakun Natives Disappointed By Taib's Government"
"Sarawak - Land Of The Dammed"

"The Continuing Gang Rape Of Sarawak By Taib & His Family, Henchmen & Cronies & Chinese State-Owned Companies"

Senyum Kambing - Penan Dihasut 'Orang Luar' - Lihan Jok

Wednesday, September 16, 2009

Sarawak To Propel Taib's Family's Future

Sabah, S’wak to propel nation’s future: CM

By Puvaneswary Devindran

Comments by Sarawak Headhunter in red, as usual.

KUCHING: Efforts from Sabah and Sarawak - through their ample reservoir of natural resources - will help a lot in ascertaining the future direction of the country, Chief Minister Pehin Sri Abdul Taib Mahmud said yesterday.

000050420.jpg
OATH-TAKING: A representative leads the stadium in reciting the Rukun Negara. — Photo by Jeffrey Mostapa

He said the natural resources in East Malaysia were yet to be fully exploited, adding that if they could be pooled and used well, both states would certainly contribute more wealth to the rest of the country.

"Exploited" is one of the key words here. "Fully" is another. The crucial question is "for whose benefit?". Haven't these states already contributed more than their fair share of their natural resources to the rest of the country and the rest of it to Taib, his family and their cronies while a significant portion of their people still remain deprived, poor and oppressed?

With all the wealth of Sarawak, the irony and sad fact is that many Sarawakians are still so poor that they can't even afford basic necessities or to send their children to school to ensure a better life for themselves. And Taib wants to "fully exploit" our resources for us to contribute more to the wasteful and extravagant Malayans? Not to mention to himself, his family and cronies.

We must seriously ask ourselves what kind of government do we have here and for whose benefit do we have such a government, both at the federal and state levels. Whose interests does Taib's and the BN's regime serve, the people's or their own?

“We know that the future of Malaysia will be ascertained through efforts from East Malaysia because our natural resources are yet to be fully exploited,” he said at the state-level National Day Celebration at Stadium Perpaduan here.

The future of his family will also depend on it. How much more of the State's resources - the people's resources - will they be able to fully exploit? Are Sarawakians going to continue to let them get away with it?

Taib, who is also Abuse of Finance Minister and Planning, Scheming and Resource MisManagement Minister, said Sarawak would also play a vital role in the country’s High Income Economy (HIE) structure - an effort to bring Malaysia on par with developed countries by making use of the people’s intelligence and skills rather than their physical strength.

REALLY? And how is this purported HIE going to be distributed? Or will it just be controlled by his family and their selected cronies?

The Chief Minister said this would be the state’s struggle because it realised that Sarawakians could not progress by depending entirely on monetary assistance and budget plans from the federal government alone, but rather the will to work at securing their fate.

Monetary assistance and budget plans from the federal government? A federal government that has been exploiting and wasting to the maximum the petroleum resources of Sarawak? Who has been assisting whom?

Sarawak's fate will certainly be sealed if the exploitation continues. Taib and the BN regime have to go!

Taib said in its second wave of politics of development by 2030, the state was aiming for an investment worth more than RM380 billion. Of this, he said the government would only fork out RM70 billion, while the rest was expected to come from investors - be they foreign or local.

Of this multi-hundred billion investment, how much would go into private pockets and how much would really benefit the people? What would the returns be like for the people?

He said the huge investments would provide close to one and a half million job opportunities.

Who would the people have to work for and enslave their future to? Taib Mahmud and his arrogant and ungrateful family and cronies?

“We know that our money in the state is not enough, and as such most of it will be from investors.

“So we must prepare ourselves to face questions on how safe it is for them to put their money here,” he said.

What he means is how safe is his family's fortune going to be in the future in Sarawak?

He said investors would want to know the political situation in the state, the unity of the people and also whether the state had people with the necessary knowledge and skills.

This would all depend on whether the people still remain ignorant of what Taib is, has and will be doing to exploit them or whether they would be able to forge the necessary will and unity of purpose to overthrow him and his evil regime.

The chief minister added that investors would also want to ensure the state’s leaders were responsible individuals who would place the country’s development first rather than their own political agenda.

Right, and Taib is a reasonable man who puts the State's development first rather than his own personal and political agenda. Anyone believe that?

He said the state had managed to convince and draw some investors who could probably be putting in some RM100 billion worth of investments in various types of industries.

It certainly wouldn't take much convincing if "full exploitation" is going to be the order of the day for these selected and fortunate investors - all at the expense of the people and the State's resources.

As such, he said Sarawakians should focus on one struggle and that was to meet these investors’ criteria and prove time and time again that the state was a place worth investing in.

Basically, what Taib is saying is just let them have what they want and on top of that be grateful to them for wanting to take the trouble to rape, loot and pillage the State.

Taib added that the first 45 years of Sarawak being in Malaysia had featured the state as the most promising economy in Malaysia.

Promising for whom?

He hoped the people would continue to work together to protect this.

For the sake of his family and their cronies.

People of Sarawak, if you don't wake up NOW, it will be too late!

The Taib and family termite infestation will eat up the rest of the forest that still remains while the Malayan pests will continue to feed, gorge themselves on and vomit whatever is left of our depleting petroleum resources.


Tuesday, September 15, 2009

Rule Of Law Or Law Of The Jungle?

The rule of law and judicial independence, or lack thereof – Anwar Ibrahim

SEPT 15 – Today, I would like to share with you some thoughts about a subject which I believe is close to our hearts. Not just to politicians, lawyers or social workers but to every member of society.

It is so close that, without it, the very foundation of a free and democratic society crumbles. It is called the rule of law.

According to F.A. Hayek, this means that government in all its actions is bound by rules fixed and announced beforehand which make it possible to foresee with fair certainty how the authority will use its coercive powers in given circumstances, and to plan one’s individual affair on the basis of this knowledge.

That definition is indeed a powerful formulation of the concept but I would hasten to add a major rider to it, which is, that the coercive powers referred to must be predicated on the basis that the laws in the first place must meet the criterion of justness.

Hence the rule of law means the exercise of publicly justifiable power. I emphasise the phrase “publicly justifiable power” because not every law that comes out of Parliament is publicly justifiable.

In other words, the rule of law requires the application of moral standards to legislative output. And this is because every individual possesses rights founded on justice which are inviolable.

The positivity of law is not sufficient to establish its lawfulness. If laws are unjust then the rule of law itself is in jeopardy.

The Internal Security Act is a classic instance of this injustice. It offends against human dignity and it violates our fundamental rights but it still continues to be used arbitrarily against those seen as possible threats to the ruling elite.

We have a written constitution which guarantees our liberties, including freedom from arbitrary arrest. Yet the use of the ISA to silence political dissent makes a mockery of this guarantee.

Just two months ago, we witnessed one of the largest manifestations of the people’s opposition to this draconian law but tragically, the Umno-controlled agencies responded with even greater use of tyranny and oppression.

So among the paramount characteristics of the rule of law concerns the judiciary. In this regard, judges must exercise their powers in accordance with the rule of law and not the rule of men.

Translated into the real world, this means the judiciary must not be accountable to the Prime Minister. If the rule of law is to mean anything, one of the essential prerequisites is that the judiciary must be independent.

We saw back in 1988 how the institution was dealt a fatal blow by the powers that be then and we saw in 1998 how it was not just I who was given a black eye but the judiciary itself, thanks to the perverse decisions of two High Court judges then.

These are the same judges who now warm the seats of our Appellate courts, enjoying the fruits of their perversity, as it were. Is it then any wonder that today history is again repeating itself?

We would have thought that the lessons of March 8 2008 would have taught the political masters some fundamental truths regarding the legitimate expectations of the people. One of which is that the people don’t want to see the judicial process turned into a circus. We are tired of seeing judges as mere puppets dancing to the tune of the political masters.

The latest instance of this judicial aberration can be seen in the decision just last week in respect of the suit filed by the legitimate Pakatan speaker over the Perak debacle on May 7, 2009. The court held that in accordance with Article 72 of the Federal Constitution, “the validity of any proceeding in any state assembly cannot be questioned in any court”.

Well, that indeed sounds very impressive and laudable in the context of respecting the concept of the separation of powers. But then why is it that, in the same breath, the court also held that the legislative assembly’s decision to remove the speaker and to appoint someone else was conclusive and had been fairly determined by the state assembly?

I have heard of judges making wrong decisions based on a misinterpretation of the law but I don’t recall judges blowing hot and blowing cold in the same judgement.

In coming to this conclusion, we may say that the court has sunk into the abyss of judicial reasoning displaying in the process clear symptoms of judicial schizophrenia.

The question now is not whether we should challenge such a decision. Indeed we must, but I believe even more importantly, there is a moral duty to speak out against such a gross travesty of justice.

In practical terms, judicial independence must mean protecting citizens against illegitimate usurpation of power. Indeed, the travesty of justice that continues to plague us in the Perak debacle remains a stark reminder that the separation of powers envisaged in a democracy remains largely a mirage in the constitutional landscape.

The topic of our gathering tonight is the launch of this important book and recognition of its author, a dear friend of mine, Pawancheek Marican. It is of course rare to find in today’s Malaysia such a comprehensive account of an event so controversial in our nation’s history.

Applying no varnish to the entire sordid affair I believe this text will be a signpost for generations of Malaysians on the dangers of absolute power. He has also paid a great tribute to the the legal team that defended not just me but an entire nation against the onslaught of executive power run amok. For those present and absent who had a hand in the trial and particulary the lawyers, words cannot convey the deep gratitude that I, Azizah and my family have for their work – which I might add is not yet done.

Now with reference to the trials prosecuted against me, as so well documented in Pawancheek’s book, suffice it to say that the judges were essentially under the thumb of the Executive. There is a saying that when the law is subjugated to the chicanery of politics, that is, where the judges are subservient to the political masters, the administration of justice becomes both farcical and perverse.

In a real democracy, the use of judicial high-handedness to bring down a political opponent won’t be tolerated because of the existence of a transparent court system and a process of accountability. In a sham democracy, however, judicial highhandedness is given free rein and transparency is irrelevant. Those prosecuted for political reasons are thus condemned even before the trial begins. It is not just about me or some of our friends here today.

There are now a few other high profile cases pending. For example, the persecution of Raja Petra will certainly be top on the list of the study on the breakdown of the rule of law. I emphasise the word ‘persecution’ because the manner in which he is being hounded is no longer prosecution but sheer audacious use of blatant state powers in order to bring down one one of the government’s most strident and vocal critics. These actions violate the dignity and honour of all Malaysians.

Instead of being the ultimate guardians of our liberty from executive tyranny, the judiciary is then transformed into principals in the destruction of the very process it was entrusted to protect. Indeed, the undermining of judicial independence by political interference has negative repercussions not only on society at large but on the nation as a whole.

Very often the inability to assert independence seems to be inversely proportional to the degree of integrity. Judges must display competence and expertise and they must be above suspicion. We are by now very familiar with the videotape of the “correct, correct, correct” judicial scandal but have we seen any action yet?

And where judges are not seen to be absolutely above board, the establishment of equity and fair play in commercial and economic deliberations will be largely illusory. This would also explain why Malaysia continues to occupy dismal positions in the corruption index, not to mention how much further we have sunk in competitiveness.

Another crucial criterion for the rule of law is that the discretion of law enforcement agencies must not be allowed to pervert the cause of justice.

We know that not only the judiciary but the police and the Attorney General’s office play essential roles in the preservation of the rule of law, failing which they are easily used to pervert the law. Selective prosecution, police highhandedness and arbitrary arrests, and now of course the actions of the MACC, all collectively serve to pervert the cause of justice rather than uphold the rule of law.

And in all these, the ruling Umno government is not only complicit but blatantly instrumental in perpetuating these gross transgressions. The upshot is harassment, oppression, and in most cases, the extermination of the small fry while the large predators continue to roam free. The Pakatan controlled government of Selangor will remain a classic case study of the systematic abuse by Federal law enforcement agencies under the thumb of the ruling federal clique.

The arrogance of power has rendered them completely impermeable to public opinion. The extension of the IGP’s contract just last week flies in the face of the overwhelming chorus of objections from the people. The increasing incidences of custodial deaths and the blatant bias of the MACC in carrying out its duties are but two examples of this breakdown in the rule of law.

The very root of this problem goes to the question of accountability. We have seen what it is like. Without accountability these agencies literally get away with murder. They are certainly getting away with corruption. The instances are too many to enumerate but it would be accurate to say that the amounts involved get bigger by the year. We know about the billions earmarked for the stimulus packages but where has the money gone? How much longer can we allow public financial resources to be used in complete disregard of the rules of accountability?

The proper application of the rule of law would have meant that those who occupy the seats of power must be subject to scrutiny and held accountable for their misdeeds. They must realise that power and authority are but duty and obligation and not right and privilege. Will they ever be brought to justice?

In the final analysis, the idea of justice to man is so central to the rule of law that you can’t have one without the other. Corruption and the abuse of public office, the absence of transparency in financial dealings, the perversion of justice by the law enforcement agencies and the dereliction of judicial duty – these are indeed characteristics of the rule of men, and not the rule of law. The trappings of democracy cannot mask this perversion.

Reform is way overdue but on the eve our our Malaysia Day celebrations, let us renew our commitment to freedom and to justice.

Speech by Datuk Seri Anwar Ibrahim at the launch of “Anwar on Trial – In the Face of Injustice” by Pawancheek Marican in Kuala Lumpur on September 14, 2009 at the De Palma Hotel, Ampang.

Wednesday, September 9, 2009

Senyum Kambing - Terpulang Kepada Penan

Rape Of The Penan Report


Get a PDF copy of the Report here, courtesy of Hornbill Unleashed.

The Report is self-explanatory and there will be no comment from Sarawak Headhunter, except that this is probably just the tip of the iceberg. Does Taib Mahmud or Afraid Jabu or Jacob Dungu or any other BN politician care?


Tuesday, September 8, 2009

Senyum Kambing - Terkilan Dipinggirkan

Blockades Up The Baram

Behind the Baram blockades

S M Mohamed Idris
Sep 4, 09
5:33pm



Over the past week, there have been numerous reports about the blockades by several Penan communities in Tutoh-Apoh, Patah, and Baram, Sarawak. The blockades were to halt the transportation of logs by several logging business groups.

These groups have been harvesting timber within the traditional territories of the surrounding villages in the above-mentioned places.

According to community representatives, the blockades were set up for several interrelated reasons. Firstly, with the advent of large monoculture plantations, the people's forest resources are in a state of acute decline.

If logging had devastating impact on affected communities, plantations would be worst off. Clear-felling operations entail the total destruction of the people's land and forest resources, including their communal water catchments.

Secondly, this impending deforestation disaster is certainly linked to the lack of land rights of the native communities to their traditional territories. For years, the communities' numerous applications for their village forest reserves to be gazetted into Communal Forest Reserves have never been approved by the state.

The people maintain that logging has failed to produce meaningful benefits to local communities and has instead, over the years severely compromised their quality of life. They point out that local people even miss out on employment opportunities, as companies seem to prefer to hire Indonesian labour.

The people also stress that their efforts to negotiate with the companies and their agents have often been futile. The protestors are determined not to give in into any intimidations or threats to dismantle the barricades unless their demands are met.

Foremost, they call for all logging and plantation operations to be halted on their land, a call, that if left unheeded, may lead to significant food deprivation and widespread malnutrition among the people.

Equally important, the people also want their Native Customary Rights (NCR) to be fully recognised, and that they be allowed to exercise self-determination with regards to any development plans that may affect them.

In our view, all the demands above certainly require an urgent comprehensive response at a policy level from the Sarawak state government.

We find the statement attributed to Sarawak's Rural Development Minister James Masing in an AFP news article published on Aug 23, which describes the Penan communities as "good storytellers" and that their land rights disputes "were often aimed at wringing more compensation from companies" as most regretful.

Similarly, we find the insinuations about the communities' blockades by state assemblyperson Lihan Jok equally unacceptable. Lihan was quoted by Utusan Borneo on Aug 30, suggesting that the blockades appear to show the Penan communities are uncivilised, this despite the fact that many are highly educated.

In fact, the latest blockades leads to questions about the sustainability claims of the Sarawak timber and plantation industries. Many Environmental Impact Assessment (EIA) reports of the projects in the area seem to suggest that plantation development is necessary in Sarawak due to the depletion in timber resources in the state.

However, timber harvesting for Dipterocarp forests within the Sarawak PFE supposedly operates under a 25-year cutting cycle. If it is indeed true that timber has been largely depleted in just 30 years since large-scale logging commenced in the state, Sarawak should no longer claim to be practising sustainable forestry management.

We believe that the Sarawak state government has also failed to take full cognisance of our judicial decisions on native rights. The Federal Court in 2007 has ruled that native rights owes its existence to native customary laws and not to any modern statute or legislation, while affirming that individual and communal native rights have equal legal force. Our Appeals Court has affirmed that such rights cover both cultivated and forested areas.

SAM is of the view that the continuous occurrence of land rights protests in Sarawak is a result of the absence of a participatory and consultative demarcation process of native territorial boundaries in Sarawak.

Such a process should incorporate the Free, Prior and Informed Consent (FPIC) mechanism and a set of substantiation procedures designed to yield corroborative evidence to support each native land rights claim.

Given all the facts above, we call on the Sarawak state government to fulfil all the demands made by the blockading communities and exercise restraint in dealing with the protest.

In our view, unless Sarawak halts further forest conversions in the state and subsequently establishes a consultative demarcation process which takes cognisance of the full stature, nature and extent of the NCR as ruled by our judiciary, any sustainability claims made on both the timber and plantation industries in Sarawak must be treated with great caution.

S M Mohamed Idris is the president of Sahabat Alam Malaysia (SAM)

Sunday, September 6, 2009

Senyum Kambing - Antara Lembu Suci Dan Lembu Bodoh

Penan Under Pressure From Taib Mahmud's Evil Regime Yet Again







Malaysia's Penan tribe ups anti-logging campaign

By Sarah Stewart (AFP) – Aug 22, 2009

LONG BELOK, Malaysia — Hundreds of Penan tribespeople armed with spears and blowpipes have set up new blockades deep in the Borneo jungles, escalating their campaign against logging and palm oil plantations.

Three new barricades, guarded by Penan men and women who challenged approaching timber trucks, have been established in recent days. There are now seven in the interior of Malaysia's Sarawak state.

"They are staging this protest now because most of their land is already gone, destroyed by logging and grabbed by the plantation companies," said Jok Jau Evong from Friends of the Earth in Sarawak.

"This is the last chance for them to protect their territory. If they don't succeed, there will be no life for them, no chance for them to survive."

Penan chiefs said that after enduring decades of logging which has decimated the jungles they rely on for food and shelter, they now face the new threat of clear-felling to make way for crops of palm oil and planted timber.

"Since these companies came in, life has been very hard for us. Before it was easy to find animals in the forest and hunt them with blowpipes," said Alah Beling, headman of Long Belok where one of the barricades has been built.

"The forest was once our supermarket, but now it's hard to find food, the wild boar have gone," he said in his settlement, a scenic cluster of wooden dwellings home to 298 people and reachable only by a long suspension bridge.

Alah Beling said he fears that plans to establish plantations for palm oil -- which is used in food and for biofuel -- on their ancestral territory, will threaten their lifestyle and further pollute the village river with pesticide run-off.

"Once our river was so clear you could see fish swimming six feet deep," he said as he gestured at the waterway, which like most others in the region has been turned reddish-brown by the soil that cascades from eroded hillsides.

Indigenous rights group Survival International said the blockades are the most extensive since the late 1980s and early 1990s when the Penan's campaign to protect their forests shot to world attention.

"It's amazing they're still struggling on after all these years, more than 20 years after they began to try to fight off these powerful companies," said Miriam Ross from the London-based group.

Official figures say there are more than 16,000 Penan in Sarawak, including about 300 who still roam the jungle and are among the last truly nomadic people on Earth.

The blockades, which Friends of the Earth said involve 13 Penan communities home to up to 3,000 people, are aimed at several Malaysian timber and plantation companies including Samling, KTS, Shin Yang and Rimbunan Hijau.

After clearing much of the valuable timber from Sarawak, a vast state which lies on Malaysia's half of Borneo island, some of these companies are now converting their logging concessions into palm oil and acacia plantations.

"They told us earlier this month they were coming to plant palm oil, and I said if you do we will blockade," said Alah Beling.

"They told us we don't have any rights to the land, that they have the licence to plant here. I felt very angry -- how can they say we have no right to this land where our ancestors have lived for generations?"

Even on land that has been logged in the past, Penan can still forage for sago which is their staple food, medicinal plants, and rattan and precious aromatic woods which are sold to buy essential goods.

"Oil palm is worse because nothing is left. If they take all our land, we will not be able to survive," the Long Belok headman said.

Sarawak's Rural Development Minister James Masing admitted some logging companies had behaved badly and "caused extensive damage" but said the Penan were "good storytellers" and their claims should be treated with caution.

"The Penan are the darlings of the West, they can't do any wrong in the eyes of the West," he said.

Masing said disputes were often aimed at wringing more compensation from companies, or stemmed from conflicts between Penan and other indigenous tribes including the Kenyah and Kayan about overlapping territorial claims.

He said the current surge in plantation activity was triggered by Sarawak's goal to double its palm oil coverage to 1.0 million hectares (2.47 million acres) -- an area 14 times bigger than Singapore.

"The time we have been given to do this is running short. 2010 is next year so we want to make that target and that is why there may be a push to do it now, to fulfil our goal established 10 years ago," he said.

"In some areas the logging has not been done in accordance with the rules and some of the loggers have caused extensive damage. That does happen and I do sympathise with the Penan along those lines," he said.

"But the forest has become a source of income for the state government so we have to exploit it".

Driving through the unsealed roads that reach deep into the Borneo interior, evidence of the new activity is clear with whole valleys stripped of vegetation and crude terraces carved into the hills ready for seedlings.

Most of the companies declined to comment on the allegations made by the Penan, but Samling said it "regrets to learn about the blockades".

"We have long worked with communities in areas we operate to ensure they lead better lives," it said in a statement.

Its website says its acacia timber plantations in Sarawak will "enhance the health of the forests" and that it uses "only the most sensitive ways to clear the land".

The Penan allegations could discredit Malaysia?s claims that it produces sustainable palm oil, particularly in Europe and the US where activists blame the industry for deforestation and driving orangutans towards extinction.

Indigenous campaigners say that past blockades have seen violence and arrests against tribespeople, but village chiefs -- some of whom were detained during the 1980s blockades -- said they did not fear retribution.

"We're not afraid. They're the ones destroying my property. Last time we didn't know the law and now to protect ourselves, but now we know our rights," said Ngau Luin, the chief of Long Nen where another barricade was set up.

An AFP team reporting at the blockades was photographed by angry timber company officials, and later intercepted at a roadblock by police armed with machineguns and taken away for questioning.

The plight of the Penan was made famous in the 1980s by environmental activist Bruno Manser, who waged a crusade to protect their way of life and fend off the loggers. He vanished in 2000 -- many suspect foul play.

Copyright © 2009 AFP. All rights reserved.

Photo 1 of 4

Penan tribespeople man a blockade with banners and spears to challenge vehicles of timber and plantation companies


Friday, September 4, 2009

MAS Clarifies On "BN's Bullshit On MAS Revealed"


From the Comments Section of the original post on Sarawak Headhunter:
Comments by Sarawak Headhunter in red.
Tan Wai Fong said...

We would like to offer clarification pertaining to our Q2 financial results announcement in August.

We made a conscious decision to be an early adopter of the Financial Reporting Standard 139 (FRS139) beginning FY09. When we announced this in May, we highlighted that we wanted to ensure that we were aligned to how other full service carriers reported their results and to ensure transparency around our results.

This is where FRS139 can be found.

Due to the unprecedented collapse in oil prices after reaching a historical high in July 2008, most airlines were hit with significant mark-to-market (MTM) loss positions on their fuel hedging portfolio.

Obviously, we at Malaysia Airlines were not spared as we practice competitive hedging and the early adoption of the FRS139 enabled us to be transparent about our MTM position. Prior to FY09, there was no urgency to adopt FRS139 as our MTM position was not significant.

Just what is "competitive hedging"? Is there such a thing as "uncompetitive hedging" or is that an oxymoron?

In our Q209 results announcement filed in Bursa, under part B review of performance, we first announced that MAS recorded an operating loss, followed by derivative gains and net profit. During our result briefings, we walked the media and analysts through our P& L in terms of revenue, expenditure, operating loss and net profit. We had robust discussions on yield, seat factors, operational losses and ways to increase revenue, operating cash flow and fuel hedging.

The financial figures including the operating losses were reported by The Star and The Edge as below:

The Star: Malaysia Airlines (MAS) reported an operating loss of RM420.8mil but exceptional derivative gains of RM1.34bil on fuel hedging resulted in the carrier reporting a net profit of RM876mil in the second quarter ended June 30.

Source: http://biz.thestar.com.my/news/story.asp?file=/2009/8/7/business/4473457&sec=business

For us laymen, perhaps MAS could clarify what exactly "exceptional derivative gains" means. Does it mean that MAS made more money from fuel hedging than they did from operating an airline and if so how was this achieved? Perhaps MAS is in the wrong business. More importantly perhaps, can this "profit" be spent? Is it cash in the bank?

Also what are the components responsible for the operating loss of RM420.8mil?

The Edge Financial Daily: The group recorded an operating loss of RM420.8 million in 2Q compared with profit of RM62.0 million a year ago mainly due to lower operating revenue in line with the declining trend in global travel and cargo movements resulting from the current economic downturn.

Source: http://www.theedgemalaysia.com/business-news/146702-flash-mas-posts-rm876m-net-profit-in-2q.html

Interestingly, the media at the results briefing asked the same question you did – will Malaysia Airlines be profitable as the yields have dropped even though the load factor is up? In comparing Q109 vs Q108, our yields went up 4% but our load factor was down 56% as all the airlines were discounting their fares heavily. For Q209, we have decided to drop our yields in order to increase the load factor, rather than keep the yields up and lose the passengers. This strategy worked and our systemwide load factor for Q209 was up 10% to 66% compared to Q109. With more passengers flying with us, we can now work on increasing our yields.

This does not quite answer the question "Will Malaysia Airlines be profitable?" Passengers prefer lower fares and can be fickle. Will that 10% increase in load factor remain when MAS tries to increase its yields (presumably by increasing its fares, at least partially)?

We are facing the worst crisis ever. Many airlines are registering losses at the operational level. This includes regional airlines like Singapore Airlines and Cathay Pacific. We are not immune from this. Like all the other airlines, we are facing huge challenges.

We are doing everything we can to boost our revenue, conserve cash, and manage costs. We are on the right track with attracting passengers as our loads are up by more than 10% to 66% in Q209. Our forward booking loads are up.

What exactly is MAS doing to "boost revenue, conserve cash and manage costs"?

We are aggressively pushing sales, and some 15 campaigns for Malaysia and 30 for global markets have been lined up for the rest of the year.

Has MAS actually carried out a study on how cost effective these sales campaigns have been? Have they actually resulted in a net increase in revenues or yields?

We expect the economy to recover next year, and are looking forward to take delivery of our new B737-800 in late 2010 to capture the expected growth. We are reviewing aircraft requirements according to supply and demand, and realigning our capacity to tap into the growth in demand.

What if the economy does not recover?

We will increase our frequencies into key ASEAN capitals, South Asia, China and offer more flights to certain points in Australia. In the Middle East, we are looking at expanding our services.

With a 36% load capacity yet to be filled, does it make sense to increase frequencies unless these sectors are already at full load capacity? What are the present load capacities of each of these sectors?

The full clarification by Tengku Azmil Zahruddin, then Executive Director/ Chief Financial Officer is available here, http://www.malaysiaairlinesblog.com/pt/blog/default.aspx?id=444&t=MAS-Adoption-of-FRS139-pushes-agenda-for.

The bulk of this full clarification was in fact regurgitated here. Sarawak Headhunter reserves the right to make further comments and ask more questions upon a full review of MAS' accounts.

Thank you.

Tan Wai Fong
Head, Media Relations
Malaysia Airlines

September 2, 2009 10:18 PM

Wednesday, September 2, 2009

Update: Seminar Tanah Adat - Long Banyok

Wednesday, September 2, 2009

Update: Seminar Tanah Adat-Long Banyok

Pursuant to the previous invitation to all kampungs from Baram Tengah and Tutoh Apoh, the committee of the program has arranged the below accommodation for all the guests respectively:

TAHABAS, BRIMAS and Other Special Guests: At Gau Jalong House
Long Ikang: At Puyang Lawai House
Sg Sebubu: At Oilivia Kajan House
Uma Akeh & Lg Puak: James Jau House
Long Laput: Anyi Kebing & Pius Avu House
Kuala Tutoh & Batu Belah: Saging Aning House

Pls communicate to organizer about the number of delegates for them to cater the food and other necessary arrangements.

All guests, pls refer to the house owner mentioned or call any of the committee members for any enquiry.

Again, inviting all from Baram Tengah and Tutoh Apoh to the Seminar and see you there...!!

En Charles Gau:019-8331578
En Vinsien: 019-8155177
En. Anthony Saging: 016-6548684
En Simon Thomas: 019-8866850