Hotline Asia Urgent Appeals -- UA990721(11)

Action Requested || Sample Letter || Background

Summary

Sarawak, in East Malaysia is famous for its natural resources. The rights of indigenous peoples especially their rights to land, culture and livelihood are continuously threatened by commercial logging, plantations and other so-called "development projects" in Malaysia. More recently in June and July, the indigenous peoples' land has been encroached and bulldozed by the contractor of the Sarawak Oil Plantation (SOP). There is genuine fear that violence may occur if the encroachment continues because the indigenous peoples are standing firm to protect their basic rights to customary land.

Please write to express concern about the encroachment of indigenous people's land in Sarawak and call for:

• recognition and upholding of the indigenous peoples' right to their Customary land based on the Law on land Rights.

• an end to the encroachment of land that belongs to the people of Rumah Bali and Rumah Busang by repealling the area approved to the SOP Plantation.

• compensation to the longhouse people for damage caused by the clearing of the NCR land.

Sample Letter

Background

The Iban are an indigenous tribe living in the Sarawak, East Malaysia. Native Customary Right (NCR) land belonging to some 43 families of two Iban longhouses, Rumah Busang and Rumah Bali of Niah District, some 110 km from Miri town, were partially bulldozed by the contractor of Sarawak Oil Plantation (SOP), a subsidiary of the statutory body, Land Custody Development Agency (LCDA).

Earlier this year, one land clearing contractor who intruded into this NCR land was fined by the native court to a sum of RM 1,000 (US$ 263; rate: US 1 = RM 3.8). This is a clear proof that the land is NCR land according to the adat, which is recognised by the land code of Sarawak.

However, on 19 June, 1999, with great shock and dismay, the community found their land being encroached and bulldozed, destroying their rubber garden, orchard and farm land. The people immediately lodged complaints to the contractor and demanded the operation cease. Practising their adat (traditions), they then set up an alter and conducted a "Miring" (offering ceremony) to beg for pardon from the spirit of the land and to pray for coolness, peace and balance of state to be restored. The oil palm land clearing operation was then temporarily halted. On 24th June, armed police field force personnel were also deployed to and stationed at the site.

In the morning of 3 July some longhouse residents found the encroachment operation had resumed, this time with six bulldozers operating simultaneously. On the same day, the community called an urgent meeting to discuss the matter and formed an action committee. On 5th, July in a press conference, the longhouse committee demanded the oil palm plantation to respect their land rights and pay compensation for all damage done. The 300 plus members of the two longhouses rely mainly on the land and forest resources for their livelihood. The longhouse settlement was started in the 1980s with customary procedure.

On 10 July, the alter for the 'Miring' was destroyed. The local people confronted the machine operators who retreated. However, on the morning of 11 July they found 5 bulldozers belonging to the contractor for Sarawak Oil Palm company clearing a large portion of their NCR land. A total of around 10 hectares of land planted with fruit trees, rubber, tobacco, 660 year-old oil palm as well as more than 1,000 oil palm seedlings were destroyed. The anger and frustration is building up among the affected people. If the situation worsens, further conflict might be unavoidable.

This case is an another example of the State exercising its coercive power in matters relating to land development but with a lack of respect for the adat and land ownership of the indigenous peoples.

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