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Extracted from Malaysiakini
Lundu Dayaks, backed by Suhakam, fight for their land
Apr 23,
A silent but
effectual war has been launched on alleged fear and intimidation of the
traditional Dayak Selako and Dayak Lara communities in western
The
communities have become ‘victims of development' as lands they claim as
rightfully theirs under native customary rights (NCR) have either been given to
state agencies or private companies for logging or oil palm plantation and
other development projects.
The Selako and Lara communities, numbering about 12,000 and regarded as among
the smallest ethnic groups, are found only in the Lundu district to the west of
Kuching, capital of Sarawak.
They are becoming increasing aware of their human rights, and are now active
and vocal with the formation of a growing number of non-governmental
organisations (NGOs).
Through the NGOs, working closely with the Malaysian Human Rights Commission
(Suhakam), they have been voicing their complaints about encroachment to their
NCR land, damage and pollution to their water catchment areas and serious
riverine siltation, among others.
A Suhakam commissioner, after a visit to various sites affected by
environmental degradation following continuous logging and plantation
activities, said: “Development is supposed to make life better. Instead, it is
making life worse for the villagers.”
Logging at
Gunong Pueh and Gunong Gading has been going on unabated for a long time -
since 1963 when
“Sungai Perunggang which used to be five feet deep has almost dried up, and it
has affected even an important source of protein with the fishes disappearing,”
Suhakam commissioner Prof Hamdan Adnan told accompanying reporters after a
visit to Lundu recently at the invitation of a local non-governmental
organisation (NGO), the Peruggang-Stukit Land Action Committee.
Angry
and frustrated
At a dialogue session in Kampung Keranji, Ketua Kampung Singking anak Tagoh of
Kampung Serayan Ulu told Hamdan and another Suhakam commissioner Dr Hirman
Ritom Abdullah from
Speaking in an angry and frustrated tone, the 63-year-old Selako
village chief who said he was prepared to lose his position for speaking out
against the authorities, appealed for all logging activities to be stopped
immediately to avoid a further degradation of the environment and causing more
hardships to the local people.
The Suhakam commissioners were invited by the Perunggang-Stukit Land Action
Committee, headed by Rahman Matu, the Kampung Keranji deputy chief, which has a
population of about 250 people.
During the dialogue, attended by about 50 people from 14 Dayak Selako and Dayak
Lara villages in Lundu, Rahman announced that a Perunggang-Stukit Bureau headed
by him had been formed to defend their human rights, especially their rights to
property, sources of livelihood from the land and to ensure security in the
area.
He explained that the bureau would act as a bridge between the villages and the
authorities and companies issued with either logging permits or leases for oil
palm plantation in order to find amicable solutions to existing problems.
According to Rahman, several ketua kampung (village chiefs) and representatives
from the 14 villages had met on April 15 and agreed that each kampung would
send 10 representatives to the dialogue with Suhakam commissioners.
However, it
is learnt that many ketua kampung and others had stayed away for fear they
might lose their positions if they were seen as going against the government on
the NCR and development issues.
Company
pulled out
In their struggle for their lands, many of the
villagers had warned plantation companies against encroachment by erecting
signs on their NCR land along main roads.
One, in Bahasa Malaysia, read: Kami minta pemaju
memberhentikan penerokaan di kawasan kami degan segera (We request the
developer to stop land clearance activities on our land immediately)
It is believed that a joint venture company, Sara HL Plantations Sdn Bhd,
involving the Sarawak Economic Development Corporation (SEDC) and a Johor-based
group of investors had already stopped their activities and pulled out from the
site at the end of last year.
The Johor investors are now said to be interested in negotiating directly with
the NCR landowners, after a group of Selako NCR landowners filed a court action
to seek a court declaration to annul the 60-year lease issued by the state
government. Their lawyers are asking for a court injunction to stop all land
activities. The court has set May 18 for the hearing.
Another sign,
erected by a NCR landowner calling himself Dr Lorend, said: Pemaju
tidak debindar kan meduroka tanah ataupun damun jikalau tidak ada pempasan atau
bayaran atas tanaman dan tanah kami (Developer is not
permitted to clear land or trees without making any compensation or payment for
crops and our land - Dr Lorend)
A total of 14 Dayak Selako and Dayak Lara villages are effected by either
logging or plantation activities that also involve government agencies mostly
in joint ventures with private companies.
They are
Keranji, Serayan Ulu, Serayan Hilir, Semapu, Judin, Sebako, Sebiris, Tubaro,
Jempari, Sedamak, Sedaying, Tanjam, Opek and Jangkat.
Silip Jahiri, a representative of Kampung Sebako, urged Suhakam to use its
office to call on the state government to carry out an urgent survey of NCR
land to avoid continuing conflicts on the ground.
Ketua Kaum Bakar ak Tijor of Kampung Sedaying in
The estate is right at the door-steps of Kampung Sedaying, and KK Bakar claimed
the villagers have no idea at all about what was going on.
“We've never been consulted nor have we benefited in any way from it. The estate
is said to employ mostly Indonesian workers.”
A sign-board outside the entrance to the estate reads: Ladang Abadi Utama Sdn Bhd, Jangkar Realty Sdn Bhd,
Sykt Ladang Dafa Sdn Bhd,
Villagers
told malaysiakini the plantation
companies first moved into the area nearly 10 years and have already harvested
the fruits and are expanding the acreages "causing much concern and
anxiety among our people."
Suhakam
wants dialogue
Hamdan said
after the site visit that the authorities should require developers not only to
carry out Environmental Impact Assessment (EIA) studies but also Social Impact
Assessment (SIA) studies before granting any lease or permit for any
land-related project.
The land should also be properly demarcated before leases are issued, he added.
Hamdan said Suhakam would call for a dialogue between the villagers and the
various state government agencies and departments to find out exactly what is
happening and to try and resolve some of the problems presently troubling the
villagers.
Under the Malaysian Human Rights Commission Act, Suhakam could compel
government agencies or departments to attend and obtain the necessary
information and co-operation to deal with any complaints on human rights
violations.
He said Suhakam was concerned about the quality of life which had
been affected by new development activities on the ground.
"As it is, the quality of life (of the villagers) has grown from bad to
worse," he commented, adding that it appeared they were getting ‘a raw
deal' without much of the basic facilities being provided to them.
He said during the dialogue at Kampung Keranji five issues were raised,
including the right to property, the need to protect people's livelihood,
logging activities and the rights to compensation for loss of income and crops.
"What we're witnessing is what could be described as a plundering of their
property, and sadly it is seen to be continuing," Hamdan told
reporters.