Extracted from Malaysiakini

 

Timber council ‘protects market, not people’

Tony Thien

7 Aug, 2006

 

The Malaysian Timber Certification Council (MTCC) appears more interested in securing a market for local wood products than to promote social and environmental justice, claimed a Sarawak native land rights lawyer.

 

In July 2001, 14 environmental and forest-dependent community groups had pulled out from the MTCC process “because of the failure of the body to fully recognise and protect the customary land rights, tenures and user-rights of indigenous communities to their forests”.

 

“These issues had been communicated to MTCC on numerous occasions by the groups,” he told a public hearing conducted by the Parliamentary Select Committee on Integrity in Kuching last Friday.

 

Baru said the same groups had highlighted a fundamental problem in the implementation of the Forest Management Units (FMUs) certification scheme.

 

In Sarawak, this requires the creation of Permanent Forest Estates. However, by virtue of state forest legislation, this would extinguish Native Customary Rights (NCR) and the privileges of the local communities over their land and resources.

 

“Therefore, the MTCC process is clearly unable to provide for the protection of the rights and privileges of the local communities,” Baru said.

 

In 2002, the MTCC developed a set of new standards to be used in its certification process. Although this is much more detailed, he said, the legal implications on extinguishment of the NCR in the FMU remains unresolved.

 

The MTCC is also “aggressively marketing its new certification standards as being compatible with those of the Forest Stewardship Council, a move which is legally questionable”, Baru alleged.

 

A related problem involves the “limited and informal” participation of local communities in forest management.

 

“Instead of instituting legal amendments to increase the areas which are protected from the forest industry, changes have been made to limit the rights of the local communities to their forests,” he said.

 

In addition, the environmental impact assessment legislation does not adequately protect water catchment areas from being logged.

 

“Equally important, the timber licensing process continues to be politicised by those in power. All these developments are in direct contradiction to the recommendations of the International Timber Trade Organisation,” he added.

 

Millions of hectares of forest have been licensed to large companies in Sarawak, with Chief Minister Abdul Taib Mahmud having final say on approval of applications for timber licences.