PRESS RELEASE / 18.03.2008
ORANG ASAL WALK OUT
OF STAKEHOLDER CONSULTATION
The coalition of
indigenous and social groups under Jaringan Orang Asal dan NGO Tentang Isu-isu
Hutan (JOANGOHutan) and Jaringan Orang Asal SeMalaysia (JOAS) today walked out
of the multi-stakeholder consultation on FLEGT organised by the Ministry of
Plantation Industries and Commodities (MPIC).
The reason for the
walkout was in protest of the flawed and non-transparent process as well as the
lackadaisical manner in which information was gathered and responses given to
participants of the consultation.
Background to FLEGT
FLEGT stands for Forest
Law Enforcement, Governance and Trade. This is an EU initiative to deal with
the imports of illegally sourced timber into the EU. More than 50% of all
tropical timber and more than 20% of all timber from boreal forests coming into
the EU is illegally sourced. The EU has no law to stop this timber coming in.
Under international
trade rules (such as the World Trade Organisation) it is difficult for the EU
to make a law banning all illegal imports. Under pressure from both NGOs and
the industry, the EU has now adopted a law to ban illegal timber from ‘partner
countries’ only. Partner countries are countries, with which the EU has developed
a Voluntary Partnership Agreement or VPA. This licensing scheme cannot work until there is
an agreed definition of ‘legality’ in Malaysia.
The following statement was read by a
representative of the JOANGO Hutan and JOAS
coalition groups prior to the walkout.
Statement by
JOANGOHutan, Jaringan Orang Asal SeMalaysia (JOAS)
And Concerned Lawyers
Mr. Chairman, distinguished ladies and gentlemen.
The Malaysia-EU FLEGT negotiation calls for full and effective participation of
indigenous and local communities and other stakeholders. Over the last 3 meetings we, the
representative of JOANGOHutan, JOAS and Concerned Lawyers have been actively
participating in this consultation process contributing the best of our
experiences, knowledge and will.
Throughout this time we have expressed our views and
concerns regarding our fundamental rights, which are a critical constituent to
this agreement.
Mr. Chairman, we have made great efforts to be part of this process. However,
it is with great disappointment that we have found ourselves marginalized right
from the beginning of this consultation process.
In particular, our demand that the definition of legal
timber should include the clause that such
timber and its products shall be free from aboriginal or native customary
claims, and free from aboriginal or native territorial boundaries has not
been taken seriously.
This is our minimum
demand.
The excuse given for not including it in the
definition of legal timber is not acceptable to us.
Further, despite your assurances, Mr. Chairman, that
all recommendations would be taken into consideration, none of our
recommendations in the memoranda that we have submitted were included in the
official documents. This is extremely disturbing in light of the relevance of
these recommendations to our lives, our lands and our rights as peoples.
We therefore are unable to accept the text as it is in
its current form. We further reiterate that a definition which merely requires
parties to abide by the law as set out in statutory provisions is simplistic
and fails to deal with the real issue: respect for the Orang Asal as a people,
as an autonomous community with our own customs, laws and institutions and the
need to ensure that governmental actions do not jeopardise the very survival of
our community but provide for the socio economic upliftment of the same.
Mr. Chairman, we express our strong protest at this rejection of our minimum
demand.
In view of this unacceptable censuring, we are left
with no choice but to officially withdraw from this process until our minimum
demand is met.
We refuse to continue to participate in a process that
is making decisions over our lives and yet expects our participation to be mere
endorsement of a process that does not respect us.
We will be considering further appropriate measures and will bring this up
during the meeting with the Ministry and the EU tomorrow.
Thank you Mr. Chairman.
Press statement issued by
Jaringan Orang Asal dan
NGO Tentang Isu Hutan/Network of Indigenous Peoples and Non-Governmental
Organisations on Forest Issues (JOANGOHutan)
and Jaringan Orang Asal SeMalaysia/The
Indigenous Peoples’ Network of Malaysia, (JOAS)
JOANGOHutan consists of the following organisations:
Borneo Resources Institute of
Center for Orang Asli Concerns (COAC), Selangor
Indigenous Peoples Development Centre (IPDC),
Institute for Development of Alternative Living
(IDEAL),
Keruan Association (Penan),
Partners of Community Organisations (PACOS Trust),
Peninsular
SACCESS,
Sahabat Alam
Save Our Sungai Selangor (SOS Selangor), Selangor
Sinui Pai Nanek Sengik (SPNS/’New Life One Heart’), Perak-based Orang Asli
community group
JOAS comprises 33 Orang Asal
communities and community organisations or networks.
For further details,
please contact:
Adrian Lasimbang [PACOS
Trust] – 013 8737676
Mark Bujang [BRIMAS] – 014
8776685
Nicholas Mujah [SADIA] –
016 8946976
Norya Abas [POASM] – 012
2572725
Wong Meng Chuo [IDEAL] –
016 3471853
Colin Nicholas [COAC] –
013 3508058
Shamila Ariffin [SAM] –
017 2853960