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updated 2001-01-31
29-30 November, 1998
Brief Case Study on the Upper Baram, Sarawak, East Malaysia on the Proposed Protected Forest and GTZ-FOMISS Pilot Project
On 29-30 November, 1998, ten Penan longhouse communities organised a two-day inter-village meeting to discuss the state government's proposal to convert their customary lands into Forest Reserves and Protected Forest. In Sarawak there are a total of 10,000 Penans in 60 longhouse communities along the Baram River Miri in the Fourth Division, including the nomadic Penans in Limbang in the Fifth Division.
Since the 1980s, the Penans have been resisting against large-scale indiscriminate logging activities in their homelands. These logging activities were mainly carried out by local timber companies, who were granted logging concessions by the Sarawak Government. Logging have adversely affected the livelihoods and ecosystem of the Penan and other indigenous communities in Sarawak. For example, forest resources such as traditional medicinal plants, rattan, sago (staple diet of the Penans) and garu (sandalwood) which sustained the daily needs of the communities have been depleted or degraded, rivers which provided water needs and source of protein (e.g. from the fishes) have been polluted.
Actions taken by the Penan and other indigenous communities against logging included protest letters to the authorities, campaigns at local, regional and international levels, etc. However, many of their actions and attempts to halt logging and other development projects that affect them have not been responded positively by the authorities. In fact, many of the community members were threatened, assaulted, arrested or jailed for taking peaceful actions in defense of their rights to land and forest and their livelihoods. Despite this, the communities have remained steadfast in their struggle to assert and protect their rights. They are not against development but rather questioning the type of development which ignored or excluded their participation in all stages. Nevertheless, there are cases where individuals (e.g. community heads) have been bought by timber companies to pacify them.
The GTZ-FOMISS Sustainable Forest Management Project
The Forest Management Information System Sarawak (FOMISS), an agency under the Sarawak Forest Department, has introduced a new concept of 'sustainable forest management' in early 1998. Several areas in the Baram District have been identified as potential pilot project areas, which included the Selaan and Serungoh Rivers and their tributaries, the Upper Tutoh River, etc. About 13 villages, predominantly from the Penan communities, are presently living along these rivers and their tributaries.
The proposed project is called the GTZ-FOMISS Sustainable Forest Management Pilot Project, a joint-venture project between the Forest Department of Sarawak, the GTZ of Germany and Samling Timber. The pilot project will be carried in a timber concession of Samling Timber.
The Co-ordinator of this project has made several visits to the Penan villages and other indigenous communities in the Upper Baram area to negotiate with the people to accept the project. The information given to the local communities is that in the first three years, FOMISS will carry out researches to gather information on the area, such as flora and fauna species, tree species, etc.
If the project is successful, FOMISS will carry out the project in three categories, i.e. a protect zone for flora and fauna, a community forestry and an area for cable logging. The project Co-ordinator has told the people that the project will be beneficial to them since destruction to the forests will be lessen. Furthermore, if the villages agree with the project, the project implementers will build fish ponds, install water pipes and anything that the villagers request for.
Although the impacts of logging will be reduced using the Reduced Impact Logging (RIL) system, as compared to traditional logging system, the Penan communities have said that they disagree with the project. Past experiences have taught the local communities that whatever assurances given by the government, agencies, timber companies, etc. were just empty promises.
Since no final decision has been made between the Penan communities and FOMISS, FOMISS proposed to bring some local leaders to visit the Deramakot Project in Sandakan, Sabah so that they will see the success of the Deramakot Project in implementing sustainable management of forests.
Protected Forest (Proposed)
Another problem faced by the indigenous communities, particularly the Penans in the Baram District, is the state government's proposal to declare Protected Forests in native customary rights land. Such a proposal will extinguished rights of indigenous communities over their customary land.
The areas in the Baram District proposed for the Protected Forest (PF) are as follows:
1. Tama-Abu Protected Forest (Proposed), 81,000 hectares approximately;
2. Tapang-Baiong Protected Forest (Proposed), 96,600 hectares approximately;
3. Suling-Selaan Protected Forest (Proposed), 60,000 hectares approximately;
4. Tutoh-Apoh Forest Reserve (Proposed), 243,300 hectares approximately; and
5. Maringong-Akah Protected Forest (Proposed), included in the Tutoh-Apoh Forest Reserve.
The extinguishment of customary rights to the above mentioned areas were made by the Sarawak Government in August 1997, and the notification of the same was published in the Sarawak Government Gazette of September and October 1997 through the Forest Department in Miri (see appendix).
On October 26-30, 1998, the Community Leaders of the affected Penan villages and other indigenous leaders were asked by the Miri Forest Department to attend a meeting held in the Marudi District Office to answer queries related to their land claims, the questions are listed below. The representatives were given until November 16, 1998 to make their claims.
The queries made by the Marudi District Office included the following:
1. Since when did you or your community arrive at the area and from where?
2. Name the place where village residents build their farms (rivers/ hills/mountains);
3. Indicate whether the farm was formerly a temuda (farming site recognised under customary law) or primary forest;
4. Indicate your hunting grounds or areas where you collect the jungle produce (name of river/mountains);
5. Indicate your graveyards; and
6. If you have evidence that you have lived in the area, through a letter from the James Brooke Government or the Sarawak Government.
The invited leaders were unable to attend the meeting because some of them did not receive the invitation letter whereas the others could not afford the travel expenses (at least RM300 for transport, food and lodging which is equivalent to a year's earning for some of them). The authorities then concluded that the affected Penan communities did not make any claims on the customary land identified for the Protected Forest/Reserve (Proposed) and also, they did not submit their appeal within 60 days after the notification of the proposed projects were publicised in the District Office. The government also concluded that the people no longer have rights to their customary lands. Actually the people were not present at the meeting to make their claims on their customary lands or to make an appeal against the government's proposal. Besides, the period of notification was too short for the people to find out the information, and it was published in English and in difficult legal jargon, which is impossible for the people to understand. Also, the communities barely have access to the Gazette.
Since they did not have the opportunity to submit their appeal against the conversion of their customary lands into Protected Forests (Proposed) and the FOMISS project, the 10 Penan villages from the Middle and Upper Baram areas initiated their own meeting on November 29-30, 1998. At the meeting, they discussed about the FOMISS project and proposed Protected Forests. They did not make any final decision on the proposed projects that will extinguish their rights to customary lands.
The Penan Account of Their Situation
According to the Elders, the Penan peoples originated from Baram since hundreds of years ago. At that time, there were neither any other races in the Baram area nor any governments existed. But there were badak sumbu (or rhinoceros, the most popular animal found in the Baram area then) and other animals in this place. The area was also covered with thick forests.
Much later, the Sultan of Brunei ruled over Sarawak and established the first government. Then in 1838, the Sultan gave James Brooke, a British trader, a portion of Sarawak for helping to defeat his enemies from wrestling power from him. Three years later, in 1841, James Brooke acquired the whole of Sarawak through manipulation and imposition of taxes on the people. When the people protested, James Brooke made used of the local Dayaks to fight against the other indigenous groups who refused to pay taxes, etc. By then, other indigenous groups such as the Kenyah, Kayan, Kelabit have entered the Baram area. The Kenyah originated from Usun Apau in Central Borneo while the Kelabit came from various places in Upper Limbang-Brunei such as Sungai Ruap, Batu Lawi, Temburong and Lawas. They settled down in the Baram area to seek refuge from enemy attacks during the headhunting period. (The history of Sarawak is too long to detailed here, but briefly, James Brooke and his descendents continued to rule Sarawak until 1943, followed by British colonialists from 1943 to 1963, with an interruption during 1945-46 when the Japanese occupied the state. In 1965, Sarawak together with Sabah were incorporated into the Federation of Malaysia).
The government instituted modern laws that contradicted the adat, or native customary laws. For instance, the Penan rights over lands and forests in Baram since hundreds of years ago were not recognised under these modern laws. However, in accordance with the Penan customary law, they have full rights over the land and areas in Baram. In order to protect their ancestral rights, our leaders and hundreds of people are willing to face arrests and imprisonment to protect our rights.
Yet the government passed laws that allow them to issue licenses to the timber companies for logging purposes and plantation companies to open up large areas for oil palm cultivation, thereby destroying the forest, polluting the rivers and air (e.g. burning the forests for land clearing resulted in the haze), etc.
The government has also passed laws prohibiting the killing of protected animals, for example under the Wildlife Protection Act (1972) and wrongdoers would be fined or jailed. Yet, the government continue to issue timber licenses to companies which allow them to encroach into virgin forests to log the area, damaging the forests and wildlife and their habitats. More importantly, trees that provide food for both humans and wildlife are destroyed.
In view of the above, the Penan Community Leaders reiterated that their customary rights be respected and that they be given the right to pass their own laws regarding forest resources and animals, since they have a deep understanding of the protection, management and conservation of the forest and natural resources. They know how to manage the forest and harvest the forestry resources in a sustainable way, so there is no need for the government and outside agencies to teach the indigenous people! Instead, the government and outsiders should learn from the indigenous peoples!
The Penan peoples assert that:
"Our ancestral lands are given from god since we are born in Upper Baram and are kept in the hearts of our fore parents until today. Our rights and land can only be taken away by God alone when we enter the next world. But we never surrender our rights to human beings who easily forget their promises to us.
Our museum is the cave, mountain, rivers; and our history are the animals, sago, and traditional medicine. We have our own banks, supermarket, and fishponds, water pipes and livestock are already existing. God creates the earth for us to live, takes care of the plants and also creates the animals. Yet God allows us to live freely, to own and take care of God's creation. We can only share all these with the poor and those who can care of them because the creatures of God exist only once.
We know that human beings are good in destroying the forest and the rivers and animals but they cannot create them. Money and property can be created by human beings but they are not as beautiful as God's creation."
Closing remarks
Information for this paper is based on a Statement prepared by the Penan Community Leaders during the inter-village meeting held from November 29 - 30, 1998.
The Penan Community Leaders wish to convey their kind regards to all the World's Indigenous Peoples who are in similar situations as themselves.
13/12/1998 On behalf of all the Penan leaders