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Alert: Indigenous people in Sarawak
- Subject: Alert: Indigenous people in Sarawak
- From: altsean@xxxxxxxxxx
- Date: Sun, 29 Jun 1997 11:23:00
Dear Colleagues, I apologise for taking up cyber-space on a matter not
directly related to Burma, however, you will note it is worthy of your
attention and support.
Please email Raymond <bri@xxxxxxxxx> if you require further details.
Please note that the detainees include six couples. It is
understood that the nine of the women have babies who have been left alone
at their longhouses.
In solidarity,
Debbie Stothard, Altsean-Burma
P.S Sarawak is a state of Malaysia, located on Borneo Island. There are
diverse indigenous groups there, and most are fighting the destruction of
their environment, which is being "cleared" because of logging, plantations,
and a megadam project.
28 June 1997
URGENT CALL FOR ACTION !!!!
----------------------------------------
MIRI : Afternoon on 25 June 1997 forty-two Dayak Ibans, including 9
women were arrested by platoons of Malaysian Police and Police Field
Force (PFF) within their native customary land area in Sungai Bong,
Teru, Tinjar in Baram District of Miri Division, Sarawak.
The 42 Ibans are from five longhouse communities namely: Rumah Rayong,
Rumah Jawing, Rumah Pong, Rumah Janda and Rumah Jambo.
At about 2.30 p.m. on 26 June, they were produced by the police before
the Miri Magistrate's Court. Upon heard the application made by the
police, the Magistrate ordered them to sign a bond to keep the peace for
six months and to be released on RM3000 (US41,200) in two sureties EACH
pursuant to
Section 67 of the Criminal Procedure Code. The Ibans disagreed with the
order and refused to sign the bond to keep the peace because the land on
which the oil palm plantation is to be established is their native
customary land.
In the afternoon of 27 June, the Magistrate issued a warrant order to
send the Ibans to Miri Central Prison in Lambir as they failed to
furnish bail.
A few of them, who have being brutally harassed and assaulted by the
police are down with pains. Their body, hands and abdomen are swollen,
hurts and bruises. They have been appealing for medical treatment from
the police while under remand but their requests were ignored. While in
the prison, they also trying to seek for medical attention as their
pains deteriorate, again the prison warden refused to send / allow them
for medical treatment.
Brief background of their struggles:
---------------------------------------------
The Dayak Ibans communities in Sungai Bong, Teru, Tinjar in Baram
District have been protesting against the implementation of oil palm
plantation. The Sarawak State Government earmarked their native
customary land area (NCL) for the development of oil palm plantation
scheme without prior consultation with and / or informed consent of the
Ibans affected.
They are resisting the oil palm plantation as it is going to be
implemented within their NCL and their crops, gardens and forest will
be cleared on which the Dayaks are dependent for survival. In spite of
their strong opposition toward the oil palm plantation, the State
government is forcing them to accept the plantation and the companies
involved in the implementation of the oil palm plantation are imposing
various tactics on the Dayaks so that they will surrender their NCL and
accept the plantation.
The Ibans communities in Sungai Bong have undertaken various actions to
protect and defend their rights over their NCL. They have been putting
up numerous of blockades to stop logging activities within their NCL.
They also filed legal action against a timber company and the State
government's agency, the Land Custody and Development Authority ( LCDA )
which was commissioned to develop their NCL for oil palm plantation.
These legal suits are still pending for hearing at the High Court in
Miri.
WE CALL FOR YOUR CONTINUOUS ACTION AND SUPPORT for the 42 Dayak Ibans
who are now imprisonment at Miri Central Prison in Lambir:
ACTION : 1
---------------
Please write and send protest letters to the followings:
-----------------------------------------------------------------------
1. YAB Dato' Seri Anwar Ibrahim,
Acting Prime Minister of Malaysia
and Minister of Home Affair and Finance
Prime Minister's Department
Jalan Dato' Onn
Kuala Lumpur, Malaysia.
Fax : +60 3 291 4268 / +60 3 230 6540 / +60 3 255 6264
/ +60 3 230 0986
2. Inspector General of Police
Federal Police Headquarters
Bukit Aman
Kuala Lumpur
Malaysia.
Fax : +60 3 291 0707
Request that :
a) The police and Police Field Force should stop harassing /
intimidating the natives by arbitrarily arresting and detaining them for
refusing to accept oil palm plantation schemes being implemented on
their native customary land;
b) The Police should be neutral and fair in their action in relation to
any Civil dispute(s) between the plantation companies and the natives
and to respect the rights of the Iban natives to their native customary
land which is recognised and protected by Section 2; 5 and 15 of the
Sarawak Land Code Cap. 81 and their rights to property i.e. land under
Articles 5 and 13 of the Federal Constitution;
c) The Police should respect the rights of the natives to exercise
their lawful rights of private defence against any acts of criminal
trespass, mischief and nuisance committed by the plantation companies on
their native customary land and crops thereon which is specifically
provided under Section 97, 104 and 105 of the Penal Code; and
d) The Police should advise all the parties involved to refer their
dispute to the Court for determination particularly that if the
plantation companies think they have rights over the customary land of
the natives the Police should advise them to obtain a Court Order
against the natives.
The Police should stop their present practice of "arresting ( the
natives ) first and investigate later" which is very arbitrary and most
unfair to the natives particularly when after arresting and detaining
the natives, the police had failed to charge them in Court for the
offence (s) for which they were arrested and detained.
This means as none of the natives arrested and detained todate have
been convicted, all the offences they have allegedly committed had not
been proven.
As such, the Police should immediately stop any further arrest of
the natives in these situations otherwise they are only going on a
frolic of their own which is an abuse of their statutory powers.
ACTION 2:
---------------
APPEAL TO :
1) The Chief Justice of the Federal Court,
Bangunan Sultan Ismail,
Kuala Lumpur,
Malaysia
Fax : 60 3 293 7339 / 60 3 293 2582
2) The Chief Judge of the High Court
in Sabah and Sarawak,
Judicial Department,
Kuching, Sarawak,
Malaysia.
Fax : 60 82 417 322
TO ENSURE THAT:
---------------------------
a) The Court always strictly inquire to verify the truth of all
allegations made by the Police when they apply for remand or apply for
any order to execute a bond to keep the peace or to be of good behaviour
particularly when it involves the natives who were arrested and detained
as a result of their Civil disputes with and protests against plantation
or logging companies which they claimed are trespassing onto their
native customary land or damaging their crops thereon;
b) Their good office immediately review all the Orders to execute bond
to keep the peace made by the Miri Magistrate's Court to-date so as to
ensure the correctness, legality and propriety of these Orders made thus
far such as in following cases, namely:
1. Miri Magistrate's Court
Criminal Case No. 89-119-97
PP v. Riggie Anak Beluluk & 2 others
2. Miri Magistrate's Court
Criminal Case No. 89-122-97
PP v. Anchum Ak Gana & 3 others
3. Miri Magistrate's Court
Criminal Case No. 83-160-97
PP v. Abas Ak Bali & 41 others.
ACTION: 3
--------------
APPEAL / PROTEST TO :
YAB Datuk Patinggi Tan Sri Abdul Taib Mahmud
The Chief Minister of Sarawak
Tingkat 14, Wisma Bapa Malaysia
Petra Jaya
93502 Kuching, Sarawak
Malaysia.
Tel : +60 82 443 439
Fax : +60 82 - 441 957 / 440 506 / 492 288
Your letter should include the following points:
1. Against the illegal and unconstitutional actions of the Sarawak Land
and Survey Department for issuing provisional leases to State agencies
and private companies which covered and affected the native customary
land of the Dayaks on which they have prior and subsisting native
customary rights;
2. Against the Sarawak Land and Survey Department for allowing the
holders of the Provisional Leases to proceed to enter and clear all the
land ( forest and crops thereon ) covered by the leases without any
respect for the native customary rights of the Dayaks over the affected
NCL; and
3. Against the undemocratic actions of the Sarawak government by
systematically forcing the natives to accept the implementation of the
oil palm plantations on their native customary land by accusing the
natives of being instigated, anti-government and anti-development for
opposing such plantation schemes over their land or by simply accusing
the natives of making false claims over state land.
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For Further information contact:
BORNEO RESOURCES INSTITUTE
GPO . LB23 - BN354
98009 MIRI, SARAWAK
MALAYSIA.
Tel / Fax : 60 85 438 580
Email : bri @ tm. net. my
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