Extracted from Malaysiakini

Sexual abuse of Penans: 'Undertake fact-finding mission now'

Fauwaz Abdul Aziz | Oct 8, 08 7:33pm

The task force to be set up to look into the allegations of sexual abuse of Penan women and girls by loggers in Sarawak should immediately undertake a fact-finding mission at the settlements involved to ascertain the realities of the issue from the alleged victims themselves.

Saying this today, Women's Aid Organisation (WAO) executive director Ivy Josiah said such a mission would allow members to glean from those affected the factors that led to their vulnerability and determine ways to prevent the recurrence of the alleged crimes.

"We are really happy that everyone has come forward to say they are really concerned, but these concerns should be translated into action and commitment," Josiah told a press conference at the Bar Council headquarters in Kuala Lumpur today.

Echoing Josiah’s call, Bar Council chairperson Ambiga Sreenevasan said she hoped the task force, whose set up was announced yesterday by Women, Family and Community Development Minister Ng Yen Yen, would not be caught up in any "red tape" but get straight down to the business of investigating the allegations and issuing recommendations.

"They should go there within the next few days. It’s not something that should be left for any (extended) period of time," said Ambiga.

She, however, added that while companies should be called upon to act against those employees guilty of any crimes, there is nothing to provide for the companies themselves to be punished for crimes committed by workers outside the hours and grounds of their business operations.

WAO and the Bar Council were among 35 groups that endorsed a statement issued today that called for immediate investigations and action on the allegations, first reported by the Swiss-based indigenous peoples’ rights group Swiss NGO Bruno Manser Fonds (BMF).

BMF had alleged that loggers working for the Samling and Interhill timber companies have been frequenting Penan settlements in the Middle Baram area and were sexually abusing women and girls.

Both companies have denied any knowledge of the allegations, while Samling said it would not countenance any crimes by its employees and urged victims of the alleged abuses and others with information on the alleged crimes to lodge reports with the police.

Josiah also called on the government to ensure that women representatives from such indigenous peoples groups as the Network of Indigenous Peoples of Malaysia to be included on the task force and involved in the fact-finding mission.

To make the mission effective, however, the authorities must guarantee that all its members be allowed "absolute access" to the Penan settlements affected, she added.

Agreeing with her on this, human rights group Suaram’s executive director Yap Swee Seng said there have been instances of activists and researchers being "harassed" and prevented from travelling in Sarawak.

Some indigenous peoples’ groups have also been shut down by the state government, said Yap, who also called for adequate protection for the alleged rape victims and whistle-blowers due to the alleged culture of "fear" in Sarawak.

'History of incompetence and bias by police'

Centre for Orang Asli Concerns co-ordinator Colin Nicholas said the federal police in Bukit Aman, Kuala Lumpur, should head the investigations into the alleged abuses instead of the Sarawak police due to the latter’s "history" of bias and incompetence in matters affecting indigenous people.

He pointed out that there have been numerous reports lodged from as far back as 1994 of rape and other sexual abuses - including by members of the state police force - but for which there has yet been a single prosecution.

Colin was himself involved in a 1994 fact-finding mission to investigate 10 abuses allegedly committed against Penans and their property, including the purported rape of a 12-year old girl by a police personnel.

"There has been a history of incompetence and bias by police, even up to yesterday," said Nicholas in reference to statements by the police that there was no evidence to support the allegations against the loggers.

Ambiga called for the Sarawak Bar Council to also look into the issue and to provide legal assistance to any quarters in need of such aid.

Asked whether other ministries such as the education ministry should get involved in the issue given that the victims include school-aged children, Josiah said among the responsibilities of the women, family and community development ministry is to ensure that all ministries are involved in the protection and promotion of women’s rights.

Police investigations into the matter should, furthermore, entail that adequate measures are taken to ensure the sensitivities of the local culture as well as the vulnerabilities of sexual abuse victims are protected, said Josiah.