[Date Prev][Date Next][Thread Prev][Thread Next][Date Index ][Thread Index ]

Alert: Indigenous people in Sarawak



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.



********************************************************************
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

********************************************************************