Penans Statement to the Human Rights Commission of Malaysia (SUHAKAM)

 

A very good afternoon to the representatives from the Human Rights Commission of Malaysia (SUHAKAM). We are very grateful that SUHAKAM is taking this opportunity to meet with us, the representatives of the Penan through this dialogue session.

 

Before I begin, I would like to introduce to you to, all of us present here. (mentioned the name of the Penan representatives and from which village they represent)

 

We are here to present the problems that the Penans faced.

 

(i)                 There are many people who still do not understand the Penan, i.e.:-

Some quarters are saying that the Penans do not have rights to land which they occupy,  for example, Dr. Mohamad Hirman Ritom Abdullah of SUHAKAM statement in the Borneo Post newspaper dated 10.8.2006 stated that since the Penans do not farm or make gardens like the other indigenous groups such as the Orang Ulus, Ibans and Bidayuhs then they have no native customary rights to land. This statement is obviously incorrect.

 

As with the other indigenous communities in the state Sarawak, we Penan have our own customs and practices. According to the Penan custom, if an area of land or forest or river have been occupied or inhabited by a group or “panyen” from our ancestors, then that particular area of land or forest or river rightfully belongs to that particular group or “panyen”.

 

According to our custom, a group or “panyen” would identify their land boundary with another group or “panyen” by using the hills, rivers, valleys or rocks as the marker.

 

Each group or “panyen” would only move around to hunt, fish or collect forest resources in the area within their boundary respectively.

 

During the Brooke and the British rule, the government would advise the Penan to come out of the forest and settle at a permanent location so that the government representative or officer could easily visit and meet with the Penans. The government also encouraged the Penans to farm or build gardens just like the other indigenous communities in Sarawak.

 

We followed these advices and have built permanent houses according to the capability of each group or “panyen”. We have also made paddy farms and gardens in our own land and continue so to this day

 

We Penan have stayed or occupied our land since our forefathers and continue to do so until now. Our custom allowed us to occupy and inhabit the land, which means that we have the right to the land and the forest within our ancestral territorial boundaries.

 

(ii)               Penan's land boundary yet to be recorded by the government

 

Although the Brooke and the British Government have recorded some of the native customary land boundaries of the other indigenous communities in Sarawak, the Penan’s customary lands are yet to be recorded.

 

The government has the responsibility to record our customary land boundaries. The government should take action immediately to record our customary land boundaries as it is necessary for the government to have a proper record for its own reference. Once our customary land boundaries have been demarcated, disputes arising between the Penans themselves or between the Penan and the other communities can be resolved.

 

Over the past few years the Penan has initiated a customary land boundary survey with the help several parties. We hope the government would accept the maps that we have submitted as an official record and for the government to refer to.

 

(iii)             Logging and Planted Forest Licence

 

The Sarawak state government has issued licences for logging and tree plantation to several private companies which covers our land, forests and rivers within our territorial boundary.

 

Logging activities and tree plantation within our customary land boundary have damaged our land and forest resources. Our rivers are also polluted thus, threatening our livelihood.

 

(iv)             Permanent Forest Estate (PFE) gazetted within the Penan’s customary land boundary

 

The government has gazetted Permanent Forest Estate (PFE) within the customary land boundaries of the Penan which resulted in the extinguishment of the Penan’s rights to their customary land. The gazettement is also biased because the status of the same area would later be converted and licensed to a private company for logging or tree plantation.

 

To date the Penan's have taken action as follows:-

 

(i)                  We have voiced our concerns as mentioned above to various parties/ representatives/government officials through various documents and during meetings or dialogues held

 

(ii)                Because the logging companies continue to trespass into our customary land and the authorities are not assisting us to solve this problem therefore, we had no other choice and decided to close the logging roads that run through our customary land. The blockades were erected within the boundaries of our customary land.

 

Until now, the logging companies that logged within our customary land never gave or showed us any court order which legitimised their logging activities within our customary land.

 

The Sarawak state government since the Brookes and the British never gave us any notice saying that the land that we occupy belongs to the state and we are deemed squatters. Similarly, until now, none of the Penans were arrested and sued by the authorities or found guilty by the court because we occupy these lands.

 

Here we wish to plead to the government and SUHAKAM to:

 

(i)                  Respect and acknowledge the Penan’s right to their customary land and forest;

(ii)                Survey and record the boundaries of the Penan’s native customary land throughout Sarawak;

(iii)               Stop the logging activities and tree plantation within the Penan’s customary land boundary;

(iv)              Permanent Forest Estate (PFE) that have been gazetted within the customary land boundary of the Penan be revoked;

(v)                Any form of development which is going to be implemented within the Penan’s customary land must be done in a proper and transparent consultation where free prior informed consent must be obtained from all strata within the community;

(vi)              All decisions made by the Penan must respected by all parties; and

(vii)             To distribute and announce any government gazette on any form of development which involves the land forest of the Penan, to every village or groups involved.

 

We hereby, will support the government’s initiative to find solutions on the problems and issues faced by Penan people.

 

Thank you.

 

This statement is issued by:

 

 

TK Sound Bujang

Headman, Ba’ Benali

 

 

Hennison Bujang

Representative of Ba’ Benali

 

 

TK Ali Toi

Headman, Ba’ Pengaran Kelian

 

 

TK Bilong Oyau

Headman, Long Sait

 

 

Martin Bujang

Representative, Long Kerong