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Sahabat Alam Malaysia 1990 Solving Sarawak's Forest and Native Problem Logging In Sarawak Is causing rapid destruction of the rainforests, and disrupting the lives of the native peoples. Sahabat Alam Malaysia (SAM) has for many years been involved In the research and documentation of the ecological and human dimensions of the problems, and in. helping the affected native communities. In this book, SAM puts forward concrete proposals to resolve the Sarawak problem. The survival of one of the world's remaining rainforests and Its inhabitants depends on a swift as wen as just solution. Published by Sahabat Alam Malaysia 43, Salween Road, 10050 Penang, Malaysia. Sahabat Alam Malaysia (SAM) is a non-profit, non-governmental organisation campaigning for environmental protection and conservation of natural resources in Malaysia and the Asia-Pacific region. Printed by Jutaprint 54, Kajang Road, 10150 Penang, Malaysia. Copyright (C) Sahabat Alam Malaysia 1990 ISBN: 983-99520-4-8 Contents Introduction Background to the Forest and Native Problem Proposals for Resolving the issue of the Land and Forest Rights of Sarawak Natives Chronology of Developments Growing United Nations Support for Indigenous People's Rights First Revised Text of the Draft Universal Declaration On Rights of indigenous Peoples

INTRODUCTION

The problem in Sarawak of rapid deforestation and the disruption of its native people's social life and livelihood is now well known both in Malaysia and throughout the world.

These problems are serious and entrenched. Logging at a pace of 300,000 hectares a year (most of it in primary tropical forests) destroys the ecology. it also encroaches on native customary land and adversely affects the forest resources, farms, water supplies and culture of age-old native communities. Thus the problem encompasses both ecology and community rights.

Yet these problems can be resolved, provided of course there is both political will and goodwill.

Sahabat Alam Malaysia has for many years been involved in research and documentation of both the ecological and human dimensions of the problem. We have also been helping the native communities to represent their problems to the state and national authorities.

In this book, SAM puts forward some concrete proposals to resolve the Sarawak problem.

Chapter 1 gives a background to the ecological and social problems.

Chapter 2 provides proposals for resolving the issue of land and forest rights of the Sarawak natives.

Chapter 3 is a chronology of the natives' defence of their forests up to the beginning of 1990.

Chapter 4 discusses measures being taken by the United Nations General Assembly to adopt a Universal Declaration detailing the rights of indigenous peoples. These include the right to ownership and use of traditional lands and resources, the right to protection of their environment, the right to require that states consult them before any exploitation of their resources and the right to maintain their own cultures and ways of life. This declaration puts into perspective the just defence of Sarawak native communities for their resources, livelihood and way of life.

Chapter 5 is the first revised text of the United Nations Draft Universal Declaration on Rights of Indigenous Peoples.

We hope this book will contribute towards the discussion on how to resolve the Sarawak problem. More important, towards its actual solution.

S M Mohd Idris
President
Sahabat Alam Malaysia
1990

1. BACKGR0UND TO THE FOREST AND NATIVE PROBLEM

THE BLOCKADES set up by thousands of native people in Sarawak in 1987 captured the world's imagination. it stopped logging activities in most parts of the two major timber districts of Sarawak, Baram and Limbang, for several months. Although the blockades were dismantled in October 1987, new blockades have kept springing up from May to November 1988 and again in September 1989.

What drove these peace-loving people, especially the forest nomadic people the Penan, to such action? it was the logging of their forests, on an unprecedented scale, by timber companies. Most of the logs end up as furniture, house materials and packing materials in the industrialised countries, especially Japan.

The indigenous people had been manning the blockades in continuous 24-hour cycles, braving the sweltering tropical sun in the daytime and the cold mountain winds at night.

Many of the Penan had walked many days from their homes in the deep forest to keep vigil at the blockades, leaving behind their families to fend for themselves. They have set up temporary wooden, shelters near the barricades, taking turns to rest or to cook.

The Penan are the original inhabitants of these 150 million-year-old Borneo forests, the oldest in the world. Being hunters and gatherers, they do not have permanent settlements, unlike the other tribal communities.

Under state laws they have minimal land rights. So they have been fighting a losing battle for the past five to seven years against the timber companies which won concessions to log the forests.

The plant, food and wildlife resources of the Penan have progressively disappeared and their water systems are clogged with silt, debris, and chemicals from logging activities.

'Before anyone else, and long before the timber company came, we were already on this land,' said Along Sega, an elderly Penan in his mid-fifties. 'This is the land of our forefathers, and their forefathers before them. But now with just a few years of logging these centuries-old forests are almost finished.'

Sahabat Alam Malaysia (SAM) sent a memorandum to the authorities on behalf of the indigenous people, calling for the cancellation of all timber concessions which have not started operations, fair compensation to those whose lands and trees were damaged by logging, and the recognition of Their customary land rights.

In particular, the people want a review of the land laws to increase the area of their protected communal forests and to safeguard their rights to customary lands and forests from the encroachment of loggers and other outside forces.

These demands were now, for the first time, backed up by the blockades and won international recognition. But the indigenous people are up against formidable odds.

THE TIMBER INDUSTRY, THE NATIVES AND THE FOREST

At the heart of the conflict is control and the use of the world's oldest, and richest, rainforests. The Borneo forests contains the greatest diversity of plant and animal species existing anywhere on earth, holding as yet undiscovered scientific secrets and playing a vital role in balancing the world's natural ecology.

In the past 23 years between 1963 and 1985, a total of 2.8 million hectares (or 28.217 sq. km.) of primary forests were logged. This is equivalent to 30% of the total estimated forest area in Sarawak which is 95,232 sq. km.

As at 31 December 1984 (the latest statistics available), some 5.8 million hectares of forested area were currently under concession. This is equivalent to 60% of Sarawak's total forest area. in other words, three-fifths of Sarawak's forest was then currently licensed out for logging.

In the run up to the State elections in April 1987, it was publicly made known that most of these concessions are owned by prominent politicians, their families, friends and political allies.

At a press conference on 9 April 1987, the Chief Minister Datuk Patinggi Abdul Taib Mahmud revealed that he had frozen 25 timber concessions totalling 1.25 million hectares belonging to relatives and friends of the former Chief Minister, Tun Abdul Rahman Yakub.

In response, Tun Abdul Rahman Yakub also revealed to the press names of politicians, their relatives and associates connected to Datuk Patinggi Abdul Taib Mahmud who controlled some 1.6 million hectares of timber concessions (New Straits Times, 10 April 1987).

It can be seen that between them, they control some 2.9 million hectare of forest concessions, which is more than half of the total area of forests licensed out to be logged. if one were to include the rest of the existing timber concessions, one can say that the majority of the forests of Sarawak must be given to politicians and their supporters.

Compare this to the amount of Communal Forest Reserves which have been granted to the natives in the past.

Since 1968, the area under Communal Forest had shrunk from 303 sq. km. to only 56 sq. km. in 1984. in a space of a few years, the Communal Forests have been drastically reduced by 82%, thus depriving the native communities from having access to forest produce in the vicinity of their longhouses. Natives obtain their basic necessities (such as wood for their boats, houses, farm implements and medicines when they are sick) from the forests which is their only source of survival.

To our knowledge, 18 communities in the Limbang and Baram areas have applied for Communal Forest Reserves and none of them have been approved. This clearly reflects the negative stance towards the native communities in their applications for Communal Forests (a right upheld in the Sarawak Forest Ordinance). Yet, the same forests are often given to timber licencees.

According to senior foresters, large-scale hill logging operations in Sarawak are already causing floods, siltation of rivers, turbidity of upstream river water, reduction in the aquatic and wildlife population.

An FAO study has shown that in logging, as much as 50% of the residual stands in the forests may be damaged, and the surface soil may be destroyed, when up to 30% of the ground surface is exposed. Residual stands are the remaining trees which are not wanted and hence left standing during logging operations.

The study also says that it will take more than 40 years for such a disturbed forest to recover. it is disturbing to note that in Sarawak after 25 years, the same area of hill forests is logged again in rotation under the Selective Felling System.

According to FAO forestry officials, the three important causes of logging damage in Sarawak are felling, extraction and road-building. A World Wildlife Fund (WWF ) Report states: 'The extraction process leaves an average of 34% of a forest stand open, even at the prevailing rate of seven trees taken out per hectare. Thus, hill forest logging in Sarawak removes about 46% of the natural cover'.

Poisoning also leads to the long-term contamination of the environment. The residue of these poisons have long-term effects on aquatic and wildlife, the soil, vegetation and health of humans living in these areas.

According to Prof Soepadmo of Universiti Malaya, 'Along with this loss of tree genetic resources will go hundreds of other plants which originally characterize the complexity and species diversity of the primary forest. Thus disappearance of these plants will also mean the loss of habitats for various animals inhabiting the forest'.

A joint report of World Wildlife Fund and Sarawak Forest Department says that while hunting and gathering is becoming more and more difficult for all rural Sarawakians, it is the nomadic and semi-settled Penans who are most affected, as selective logging and forest clearance reduce their supplies of both forest food (sago, wild animals, fruits, vegetables, etc), rattan and other non-timber forest products that have both domestic and cash significance.

'In addition, their water supplies and supplies of fish, etc, may be adversely affected by soil erosion and siltation over which they have no control'.

It can be seen from the above detailed scientific studies cited, that deforestation in Sarawak has led to serious consequences on the ecology, food resources and livelihood of the native peoples of Sarawak contrary to what Datuk Amar James Wong's personal observations have noted since 1949.

Ever since the timber companies operated in their areas, the communities have made repeated appeals to the timber companies and State authorities to help them in their distress.

They have complained that logging activities have damaged their farmlands, their water resources, sacred ancestral burial grounds, fruit trees and other forest resources.

Wildlife has disappeared and fish has become scarce while their children have fallen ill consuming water from rivers and streams which have become contaminated.

They have written numerous letters appealing to the Chief Minister, the Forest Department, the State Secretary, the Resident, the District Officer and even their elected representatives to intervene on their behalf. They have even lodged police reports regarding damage to their property. In many cases, there has been inadequate response.

In the case of the Penan communities, they have repeatedly petitioned the Sarawak Government and the timber companies to stop the destruction of their lands and their livelihood. They also met local authorities several times but todate, despite the promises to look into their problems, nothing has been done.

The native peoples are very loyal, peace-loving and law-abiding citizens. By tradition, they have always considered the Government as a benevolent father who looks after the needs of his children.

They are not 'wild', 'primitive' or 'uncivilised'. Neither have they been misguided, tricked or instigated by foreigners. They just want to live their way of life in peace without any disturbance. What have they done to deserve such a fate? What crime have they committed when they are just protecting their forests, lands and survival?

Let us now examine the scientific facts on who is responsible for forest destruction, shifting cultivators or the timber industry.

In 1985, 270,000 hectares (or 2,700 sq. km.) of primary forests were logged in Sarawak. This was equivalent to 2.80/o of Sarawak's forest area. In 1987 the area which was logged increased to 310,000 hectares. Should logging continue at this rate, another 280/o of Sarawak's forest will be logged in the next ten years and what remains behind is virtually wasteland.

Shifting cultivation is based on a system of land rotation with a period of long fallow. According to Dr S C Chin, an ethno-botanist who has spent the last twelve years conducting intensive research on shifting cultivation among the native communities in Sarawak, a family of shifting cultivators clears and plants an average of about 5 acres annually. This means a total of 180,000 acres for the whole of Sarawak (given the current estimate of 36,000 shifting cultivator households in Sarawak). Of this total, up to 9,000 acres (or 50/o) may be from primary forest. The rest he says will be from agricultural land that has been fallowed.

'Therefore to say that shifting cultivation destroys 100,000 150,000 acres of forest annually (as is frequently alleged), ... is completely misleading and can only be intended to confuse,' says he.

Thus the amount of primary forests opened for shifting agriculture each year (3,600 hectares or 9,000 acres) is only a small fraction of the 310,000 hectares logged by the timber industry in 1987.

Moreover, scientists worldwide have increasingly acknowledged the fact that shifting agriculture is a highly complex system, 'simulating the structure, functional dynamics and equilibrium of the natural ecosystem than any other agricultural system man has devised'.

According to Dr S C Chin 'shifting cultivators know better than anybody else that their system of cultivation depends on the successful regeneration of the forest'.

It can be seen that the rapid destruction of the State's forest has been wrongly blamed on shifting cultivators, whilst the real factor responsible, the timber industry, has hardly been focused on for its role in depleting forest resources. it is clear that the timber industry has far more capacity to destroy Sarawak's forest, and has used this capacity with increasing effect in recent years.

What is most fundamental to the natives is the question of land rights. The natives of Sarawak have lived on their lands for hundreds of years even before the existence of the nation state. in the case of the Penan who are the true forest dwellers, their existence in these forests would have stretched back to the dawn of humankind.

This reverence for the land meant that it could not be bought or sold. This principle was enshrined in adat law which has legal, moral and religious aspects. Under adat, the community as a group exercises rights to the land. This concept of justice and morality vis a vis land is a living concept among the natives of Sarawak.

Under the Sarawak Land Code (Sarawak Cap 81), this customary right to land practised by the natives is recognised and enshrined as a basic principle.

Thus legally and morally, natives have a right to their lands (on which they have lived for generations), and they want this right to be fully recognised and guaranteed by the State.

One should not force them to leave their forests lands and resettle them elsewhere, all in the name of development. in the case of the Penan, it is tantamount to cutting off their life support system.

What the natives want (as expressed in a resolution in July 1987 of 61 community representatives in Baram and Limbang) is a kind of development suitable to their needs.

Development to us means:

1. recognising our land rights in practice;
2. stop logging in our lands and forests so that we can continue to live;
3. introducing clean water supply, proper health facilities, and better schools for our children.

This kind of development we want. Why don't you give us this development and progress?'

2. PROPOSALS FOR RESOLVYNG THE ISSUE OF THE LAND AND FOREST RIGHTS OF SARAWAK NATIVES

I. Malaysia's Rainforests are not managed sustainably

Malaysia's forests are being logged at a rate of almost 800,000 hectares or 1.98 million acres a year. That means 3.7 acres a minute. Logging activities are presently most intensive in the East Malaysian states of Sarawak and Sabah. This is causing severe environmental damage as well as bringing widespread hardship to large numbers of native communities who depend on the forest for their survival.

Malaysia is currently the world's largest exporter of tropical logs, accounting for 66% of world total supply. In this region, Thailand and the Philippines have respectively banned logging and severely restricted log exports because they have run out of forest. Indonesia has banned all log exports.

Peninsular Malaysia is almost depleted of primary forests. By the year 2000 Malaysia may become a net wood importer. In 1987 Malaysia produced 35 million cu. m. of logs and exported 23 million cu. m. (using 12 million cu. m. locally). in 10 years log output will be less than half the present. Thus, total supply would be below 17 million cu. m. while logs for local use could exceed 17 million cu. m. We will then need to import wood for local use. Already, the Ministry of Primary industries itself has projected that log supply from Peninsular Malaysia will fall from 8.2 cu. m. in 1988 to 4.8 million cu. m. from 1995 onwards.

When the forest industry talks of "sustainable forestry" or "sustained yield" they mean how to log forests so that the supply of logs can continue forever. They do not mean how to log forests in a way that preserves forest ecology and the lives of forest dwellers etc.

Malaysia is supposed to practise "sustained yield forestry". Even in Peninsular Malaysia this is not true. As mentioned above, the Ministry of Primary Industries itself estimates that log supply from Peninsular Malaysia will fall by almost 50% between 1988 and 1995 onwards.

In Sarawak, "selective logging" as practised is still very destructive. Although a few trees are removed only per hectare, 40-60 per cent of forest is actually destroyed due to (a) building of logging roads; this destroys trees and causes soil erosion; (b) bulldozers killing trees/plants when searching for the felled tree; (c) felling of tree kills other trees; (d) more trees are damaged when the log is pulled out.

In recent months, logging is being carried out through the night, using spotlights. This has accelerated the rate of forest destruction and also further endangers the safety and even lives of workers. Sarawak has the highest rate of logging accidents and deaths in the world. Although a logged-over forest is supposed to be left to regenerate until the completion of at least a 25 year cycle, in practice Sarawak forests are cut a second, and even a third time within a few short years.

II. Customary Rights to Land and Forest are violated in Sarawak

According to the adat or customary law of the native communities of Sarawak, customary claims are asserted over the following:

1. the temuda which is land cultivated with crops and land formerly cultivated but left to fallow for sometime in order to regenerate into forest;
2. the surrounding area of primary forest where various forest produce are harvested by the community as a whole.

These two constitute the menoa (the entire area of customary land and forest) which is demarcated by the sempadan or boundary as was stated in page 4 of the government Secretariat Circular No. 12/1939.

Section 2 of the Sarawak Land Code (Cap 81) recognises the rights of native communities to their customary land and forest. The Land Code recognises all rights over land created before 1958. These rights have to be acquired according to native customs practised before 1958. Since the native communities, including the Iban, Bidayuh, Kayan, Kenyah, Kelabit, Lun Bawang and Penan have lived on their lands for generations. their customary rights to their lands are clear.

After 1 January 1958, under section 5(2) of the Land Code, customary rights to tenure can be created by any of the following methods:

1. the felling of virgin jungle and the occupation of the land thereby cleared;
2. the planting of land with fruit trees;
3. the occupation or cultivation of land;
4. the use of land for a burial ground or shrine;
5. the use of land of any class for rights of way; or
6. any other lawful method.

Further, the Forest Ordinance provides for the establishment of Communal Forest Reserves to enable native communities to obtain their basic necessities from the forest which is their source of survival. For the nomadic Penan, the forest is their only source of survival. Since 1968, the area under Communal Forest Reserves has shrunken rapidly from 303 sq. km. to only 56 sq. km. in 1984. This is a reduction of 82%. As of end 1986 there were 52 such reserves, and in the Fourth and Fifth Divisions where logging is most intensive, there were only three and nil reserves, respectively. Continuous applications by various communities for the establishment of more Communal Forest reserves based on the existing customary boundaries have been reacted. Often there is no response at all from the State authorities, and worse, the Minister under sub-section (4) of Section 6 can at any time declare the existing reserves to be terminated, and he has already done so from time to time.

Thus, even though the State land law recognises customary land rights these are consistently violated by the issuance of logging concessions and timber licences. Although such licences should not include customary lands, this restriction is blatantly ignored. As a result, customary lands and forests have been destroyed by logging roads and by the actual removal of logs. In the process, 40-60% of the forest is devastated. Rivers and streams are heavily silted and polluted with diesel whilst farming activities are severely disrupted by floods.

For the majority of the rural population (who make up 820/o of the State's population) wildlife meat is a vital source of protein and fat. For many native communities, hunting provides more than half their protein supply while for others (the Penan) it is the largest single source of meat. The annual wildlife meat harvest in Sarawak has been estimated to be about 18,000 tonnes, giving an average consumption rate of 12 kg per person per year for the whole population. The cost of replacing this, as the forest habitat of wildlife is increasingly destroyed, is at least M$ 100 million (IUCN Report 1988). Already, wildlife meat consumption has dropped, and with this the nutritional value of the people's diet has accordingly declined. Logging activities have been identified as a major cause for wildlife depletion.

The courts have in a few cases enforced the customary rights of Sarawak native communities. In 1987 in the case of P.P. v. Anderson Mutang the Magistrate declared that the native communities' claim over their lands was genuine and valid and should be resolved in court. She also stated that "matters of native law or custom in the state of Sabah or Sarawak are firmly entrenched in our Constitution. That is one of the reasons why matters of native law and custom are part of the State Legislative List under Article 74...' In the case of P.P. v. Laeng Wan Uyo the Magistrate's Court on 26 July 1987 decided that the Kayan concerned was not guilty of an offence when he put up a blockade on his native customary land to prevent a timber company from passing through. Logging had caused extensive damage to his land and polluted the river which was his water supply. The court decided that the timber company had no right to proceed through the land concerned because there was no agreement made with the local community.

This constitutional right to defend one's property was severely violated when the Sarawak State Assembly introduced a new offence under Section 90B of the Sarawak Forest Ordinance in November 1987. As a result, any person who sets up any structure on any logging road which obstructs the passage of the road shall be punished with two years' imprisonment and a fine of up to $6,000. This law clearly violates the land and forest rights of the native communities which the Land Code and Constitution protect. It ignores the fact that'logging roads cut across native customary land and forest.

To worsen matters, the new law allows the forest officer to recruit the timber licence holder and his agents to dismantle any barrier or obstruction on logging roads. Already, timber camp workers have accompanied forest officers to intimidate andact against native peoples. This only serves to aggravate the conflicts caused by logging.

III.Demands of the Native Communities

A number of meetings and discussions have taken place over the past two years, in particular, and the following major demands have been agreed upon by the various native communities.

1. The formal recognition of customary land and forest should be manifested in a document issued by the State Authorities stating that a particular community possesses a specified area as customary land and forest.

The area concerned should be demarcated by a map. A specific condition to protect the forest and the native communities should be attached whereby the land and forest cannot be logged or sold. There should be no subsequent interference from third parties. The land should be inalienable, with ownership being based on a communal title.

2. Following from the above, all existing timber licences which encroach upon customary land should be suspended until the issue of customary land rights is resolved. One of the conditions attached to the timber licence itself already prohibits the encroachment of logging activities upon customary land, and suspension will thus be an enforcement of this condition of the licence. Furthermore, Section 51A of the Sarawak Forest Ordinance empowers the Minister concerned to cancel or suspend a licence or permit for such period as he may think fit if the holder of the licence or permit fails to comply with any specified conditions, or if it is advisable in the public interest, for a special reason, to do so. The violation of customary land rights and the right to survival, and the destruction of the environment are clearly matters of public interest.

As an immediate step, all logging activities in the Ulu Limbang, Ulu Rejang and Ulu Baram areas should cease. Unless a moratorium is imposed these remaining primary forest areas in the interior highland of the respective Divisions will be devastated.

3. Beyond the issue of recognition of customary land is the need to protect the ecological balance which the forest helps to maintain. Therefore, there should be more national parks set up in areas which are not customary lands. As of early 1988 there were seven constituted national parks in Sarawak covering a total area of 80,567 hectares. Where national park status is to be accorded over areas which include customary lands, the natives' customary rights must be respected and enforced.

Another 10 have been proposed, covering 552,835 hectares, of which the Usun Apau National Park (1 13,000 hectares) had been approved by the Government in early 1988. In this respect, international co-operation to safeguard tropical forests can be affected through the provision of development aid in exchange for the creation of more extensive national parks and wildlife sanctuaries.

4. A programme for ecological recovery is urgently needed. Soil erosion and river pollution must be reduced or stopped. This is essential in order to restore a clean and safe water supply for the needs of the native communities, and to reduce the incidence and severity of floods which damage farmlands and properties. Rivers also need to be protected and rehabilitated in order to restore aquatic life, an important source of protein for the people.
   
   
5. Pending the outcome of challenges in court to the constitutionality of Section 90B of the Forest Ordinance immediate steps should be taken by the State Authority to repeal this provision.

IV. A Development Programme for the Special Needs of the Penan

There are about 9,000 to 10,000 Penan in Sarawak. The majority of them are semi-settled whilst some are still nomadic. The nomadic Penan move from place to place in line with their food needs, particularly sago. They are completely dependent on the intact forest for all their needs in order to survive. The semi-settled Penan have permanent longhouses and they cultivate some crops, including rice and vegetables. However, a large part of their time is spent in the forest, harvesting sago, hunting and collecting other forest produce. Thus even the survival of the Penan who are semi-settled is still largely dependent on the forest. Though they grow some rice, they still rely on the sago palm in the forest for their staple food. Since the Penan have no other economic resource, and are not part of the cash economy, immediate steps are needed to protect their forests.

a) The Nomadic Penan

For this group of Penan, adequate areas are required to be conserved in their natural state for their exclusive use in perpetuity. Discussions held with them revealed that they wish to remain where they are at present, that is, in forest areas which their forefathers have lived in. Therefore, sufficiently large areas of forest which they have occupied and within which they have established their migratory patterns should be given a permanent status to protect their lifestyle and the forest. The government should conduct a comprehensive survey to demarcate and record the boundary of such areas and ensure that the Penan are consulted in such processes. Any existing timber licence over these areas should be cancelled.

The Sarawak State Penan Committee in May 1988 has announced and agreed to the proposal that "the Government will look into the possibility of setting up two biosphere reserves in the Sungai Magoh area in the Baram covering about 52,620 hectares and the Sungai Sepayang area in Ulu Limbang covering about 800 hectares." (New Straits Times, 21 May 1988).

(A 'biosphere reserve' is an area allocated to nomadic Penan who prefer to remain in the forest and manage their own resources based on sustained yield where they can co-exist with the environment and at the same time cause least damage to it).

The State Government should immediately gazette these areas for the existing nomadic Penan communities and issue them a communal title to their lands. All timber licences within the two biosphere reserves should be revoked immediately.

b) Communal Forest Reserves

Sahabat Alam Malaysia has held numerous discussions with several leaders and representatives of the Penan community in the districts of Baram and Limbang. A central issue was whether the Penan wished to be grouped together and transferred to a large area of natural forest elsewhere, or whether they preferred to remain in their existing communities even though substantial damage has been done to their forest by logging activities. In each discussion, the answer was invariably to remain where they are even though considerable ecological damage has taken place. The reason was simple: the forest lands are their ancestral lands which they hold dear. This should contribute to strengthen their claim for customary land and forests.

Thus, any plans to "relocate" the Penan to an area of forest away from their present homeland would not be acceptable to them. it is therefore suggested that the government expedite the exercise to survey, demarcate and record the boundary -of their communal land and forest in line with the areas they traditionally and currently use for residence, hunting, gathering, burial grounds and other functions.

Most of the Penan communities in the Baram District have already applied for communal forest. Their applications have been accompanied by sketch maps of the areas which they claim as their customary forest, and which they seek legal recognition as communal forest under the existing Sarawak Forest Ordinance. These have been sent to the State Authorities but none have received a positive reply. The State should therefore look into this matter and accordingly approve the application, without any further delay.

c) Regional Centresfor the Settled and Semi-settled Penan

The areas within which the various settlements are located should be divided into individual distinct regions, each with a Regional Centre serving the needs of 500-1,000 Penan. Each Centre should comprise a health care clinic, a school, a training centre for ecological farming and a trading/marketing centre for Penan handicraft made from materials harvested from their forest.

It is fundamental that the formulation and implementation of this Development Programme be conducted as soon as possible with full consultation of the Penan themselves and independent individuals and organisations committed to forest conservation and the protection of the rights of native communities.

3. CHRONOLOGY OF DEVELOPMENTS.. THE SARAWAK NATIVES' DEFENCE OF THEIR FORESTS

1963-87:

2.8 million hectares, or 30% of Sarawak's total forest area, were logged by timber companies. At the end of 1984, another 5.8 million hectares (three-fifths the total forest area) were licensed out for logging. Most of the logs are exported raw to Japan and other countries. In 1987, an estimated 800,000 hectares of forests were logged in Malaysia, 310,000 hectares of which were in Sarawak.

March 1987:

Indigenous peoples of Sarawak begin to stage barricades across logging roads in the Baram and Limbang districts where logging is at its heaviest. Altogether about 25 blockades are eventually set up. Blockades comprise sometimes logs or frail wooden structures put across the road, together with scores of men, women and children standing or sitting across the roads. Timber lorries are unable to pass through. Logging stops for several months.

June 1987:

Twelve representatives of various Sarawak native communities (including the nomadic Penan and the settled Iban, Kayan, Kenyah, Kelabit and Lun Bawang communities) visit the capital city of Kuala Lumpur together with SAM Sarawak representative Harrison Ngau. They meet with several federal Ministers, including the Deputy Prime Minister, the Environment Minister, the Energy Minister, the Minister for Primary Industries and the Education Minister, to appeal to them to help stop the logging of their forests. They also meet the Inspector General of Police and several top police officials. They also hold an international press conference, a public forum at the university, and meet with several public interest groups, including the Bar Council and the Malaysian Youth Council. The visit obtains very good press coverage and highlights the natives' problems and their demands: that logging in their forests stop, that their rights to customary land be recognised, and compensation be paid for damage done to their forests, their farmlands, their water supply and ancestral graves.

15 July 1987:

SAM organises a workshop attended by over 1 00 native participants in Marudi, Sarawak. Various Penan, lban, Berawan, Kayan, Kelabit and Kenyah communities explain their problems caused by logging, and draw up a resolution asking for the recognition of their land rights and an end to logging until such recognition is given.

August 1987:

Seven Penan (including an 1 l-year-old boy) were arrested and charged with burning some bridges belonging to a timber company. One of the accused, Musa Bong, was discharged in April 1989.

15 September 1987:

Another workshop is held in Marudi attended by 60 natives. At this meeting, the Sarawak Penan Association was formed to foster co-operation among the Penan communities and to look after their welfare.

October 1987:

in a simultaneous operation, the police visit all the blockade sites and ask the natives to dismantle the barricades. 42 Kayan villagers are arrested in connection with their blockade in Uma Bawang. SAM representative Harrison Ngau is detained under the Internal Security Act as part of a nationwide series of detentions.

25 November 1987:

The Sarawak State Legislative Assembly amends the state Forest Ordinance making it an offence to set up any structure on any road constructed by a timber licence or permit holder. The offence carries a 2-year jail term and a fine of M$ 6,000.

December 1987:

Harrison Ngau is released-after 60 days in detention and returns to Marudi. He is not permitted to leave his house after 10 pm, or to leave Marudi except with police permit.

February 1988:

The Penan report that since the removal of blockades the logging is going on full speed. The remaining forests are relentlessly chopped down. The lives of the natives deteriorate: food supply deteriorates, the rivers are silted and polluted. A meeting of Penan representatives resolves that the new forest law forbidding blockades is unjust because most of the logging roads cut across their land and property, thus they have the right to blockade on their own land to protect it.

May 1988:

The first new blockade is set up by the Penan and Kelabit in Long Napir, Limbang district. "Despite many appeals, nothing was done to help us," says a native leader at the blockade site. Another leader disputes that the blockade is against the law, since it is being staged "on our own land".

July 1988:

The European Parliament unanimously adopts a resolution calling on member states to suspend imports of timber from Sarawak until it can be established that these imports are from concessions that do not cause ecological damage and do not threaten the way of life of the indigenous people.

September - November 1988:

Five blockades are set up altogether; some are short-lived, stop and restart. The blockades slow down the logging.

October 1988:

A resolution is submitted to the US Congress encouraging the Malaysian Government to consult with indigenous groups in Sarawak, acknowledging their right to use and ownership of their lands.

October - November 1988:

Delegations visit Malaysian embassies in several countries to urge that logging activities not disturb the Sarawak natives' livelihood.

End-November 1988:

Three blockades still stand in the Baram and Limbang areas.

On 29 November, 11 natives (five Kelabit and six Penan) are arrested at Long Napir, Limbang District for putting up a blockade. The blockade was dismantled and the natives were arrested. (Their cases scheduled for hearing on 6july 1989, were adjourned to 6 December 1989, after two of the accused were discharged.)

December 1988:

The Right Livelihood Award is given to SAM in recognition of the efforts to help Sarawak natives.

Twenty-one Penan are arrested on World Human Rights day (10 December) for blockading a timber road at Long Late' (Apoh River, Baram). Twelve of them were charged under the Forests Ordinance. The hearing of the case has been postponed to September 1989. (This case has been postponed again, first to November 1989 and then to 27 February 1990).

January - February 1989:

A new upsurge of Penan blockades. One hundred and five Penan from five separate blockade sites in the Baram District: Long Late', Long Kidah, Long Beloh, Long Iman and Long Bangan, are arrested for blockading logging roads near their settlements. Those arrested include several headmen among whom is Juwin Lehan, chairman of the pro-tem committee of the Sarawak Penan Association. He was one of the 12 native representatives who came to Kuala Lumpur in 1987 to plead their case to the Federal Government.

On 28 January, 71 of th c 105 are released from jail. On 28 and 29january, they held a meeting at the SAM office in Marudi and issued a four-page statement calling on the authorities to recognise their rights to their customary land.

B early February, the remaining 34 Penan are released on bail with surety. Their cases will come up from May to November 1989.

April 1989:

The 42 Kayan from Uma Bawang, Baram District arrested in October 1987 for blockading a logging road on their customary land, are cleared of all charges after the prosecution withdrew its case. The Prosecuting Officer stated that he had no evidence to proceed with the case.

Four US Congressional staff and five representatives from US public interest groups visit Sarawak. They conclude in a report that 'current logging procedures have degraded the environment and adversely impacted the health and well-being of the native populations of Sarawak'.

June 1989:

The Kayan in Uma Bawang file an injunction against the timber licensee (Sarawak Plywood Sdn. Bhd.), the timber contractor (Marabong Sdn. Bhd.) and the State Government to stop the indiscriminate logging on their customary lands. The Uma Bawang

community is claiming that the actions of the State Government in licensing their customary land for logging is illegal and ultra vires the state laws. They are questioning the procedure adhered to by the State Government in the granting of timber licences. They are claiming that presently timber licences are only being granted to persons or companies that are close to the state political leaders. The case has been filed in court but no hearing has been obtained yet. This is one of the. first of such cases.

On 23 June 1989, the Ministry of Home Affairs lifted the restriction order imposed on Harrison Ngau, SAM's representative in Sarawak.

Native community leaders of Baram and Limbang held a meeting in Marudi on 23 and 24 June. At this meeting, the native leaders drew attention to the worsening problems faced by their people as a result of indiscriminate logging activities on their lands. They call upon the State Government to resolve the unbearable state of affairs.

July 1989:

Seven Kenyah from Long San, Ulu Baram are arrested on 15july and charged for criminal intimidation over a dispute with the contractor of Samling Timber currently working on their lands.

In the Baram District, logging proceeds at 24 hours a day in three shifts causing distress and anger among thousands of natives. At this rate, all the forests in the Baram District will be wiped out within a year. Logging in Sarawak amounts to 300,000 hectares a year.

Japanese timber trade sources predict that Sarawak's timber will run out in seven to eight years at the increased logging rate.

Throughout the month of July, the Baram and Rejang were experiencing severe drought. Water supplies have run out and a wave of illness has broken out, especially among children forced to use contaminated water. For the longhouse communities, the drought has affected their sowing and their rice harvests in the coming year. Rice shortages will result. Some Penan communities are on the verge of starvation. The drought situation is believed to be linked to the indiscriminate logging in the interior and its destruction of the watershed regions.

Logging roads linking the various areas and longhouses in the Ulu Baram (the interior bordering Kalimantan) have been completed. The timber industry has started full-scale operations in this area which houses the watersheds for the Baram river basin. The Ulu Baram and its environment has deep cultural significance for the natives. The battle to save this last remaining forest is now the priority.

August 1989:

On 1 August, nine Than longhouses in Sungai Sangan, Bintulu Division blockade to prevent logs from leaving their customary forests. In Sungai Akah, Baram District, Penan set up a blockade to stop loggers from moving into their lands.

SAM issues a press statement calling for a revamp of the Sarawak Forest Management Policy and Plan as it has failed to effectively protect the forest resources and environment in the State. 'Unless Sarawak's present Forestry Policy and Plan are revamped backed up with the necessary political will and a committed enforcement action both from the State and Federal agencies concerned is made now, the forestry crisis and environmental degradation in Sarawak would be further aggravated and surely become a national calamity' the statement added.

Logging in Belaga intensifies without regard to the lives of the thousands of natives living in the area. Roads have been built as near as the Kalimantan border. Those are important watersheds. Tremendous erosion, destruction of farm lands and contamination of rivers are occuring. Logging is conducted round the clock. Food shortages have occurred in the interior areas.

September 1989:

The Kenyah community in Long Geng blockade their land to stop the timber company from entering.

On 10 September, several hundred Penan and other native groups erect new blockades in 12 different locations in the Baram and Limbang Districts. The blockades are caused by the lack of any response by the authorities or the timber companies to the continuous native appeals to stop logging in their customary lands and forests.

On 15 September, 36 Penan are arrested in the Baram District. On the following day, another 27 Penan are arrested. On 19 and 20 September, eight and 16 Penan respectively are arrested from the Baram.

In the Limbang District, six people are arrested on 21 September (five Penan and one Murut). On 26 September, another 24 natives (Kelabit and Penan) are arrested.

So far, 117 natives have been arrested for setting up blockades in Baram and Limbang Districts. All of them are kept in police lock-ups for 24 hours. The court then orders that they be remanded automatically for 14 days. SAM has written to the Chief justice of Borneo requesting him to investigate this practice of the courts. Under the law, arrested persons can only be remanded if police investigations are genuinely pending. With regards to the arrests in Sarawak, there is usually no police investigations after the persons are arrested. The natives are being kept in remand purely to harass them.

They have all been charged under the Forest Ordinance.

October 1989

83 Penan remain in prison while the rest were bailed out. These persons had harsher bail conditions imposed on them, i.e. two sureties and a bail-bond of M$500 per person.

Appeals are sent to the Chief justice of Borneo seeking their release on the grounds that the bail conditions are manifestly unfair and wrong in law.

On 29 October, a historic gathering of 400 natives in Uma Bawang take place to commemorate the second anniversary of the arrest of 42 Kayan from Uma Bawang. For the first time, such a large gathering organised by the natives themselves address their common problems caused by logging. They reaffirmed their opposition to the destruction of their customary lands and forest.

The Sarawak Penan Association is finally registered by the government after nearly two years' wait.

November 1989

The international and local appeals to the judiciary leads to the release of the 83 Penan on the acceptance of one surety.

On 15 November, the Malaysian Government announces possibility of a ban on log exports.

On 23 November, the European Parliament passes a second unanimous resolution appealing to the Malaysian authorities to refrain from arresting and detaining the natives. It also called on the ITTO's Mission to Sarawak to included native land rights in their terms of reference.

December 1989

The proposed ban on log exports announced in November is now changed to a gradual phasing out by 1995. Meanwhile logging continues unabated.

December 1989 - March 1990

Many other Penan brought to court are released, prompting SAM to call on the authorities to drop charges against all remaining natives.

March 1990

The Kayan community of Uma Bawang takes up case in court to request the stopping of all logging activities around their community and to claim compensation and damages for incursion into their customary land and destruction of their resources.

4. GROWING UNITED NATIONS SUPPORTFOR INDIGENOUS PEOPLE'S RIGHTS

The on-going struggle of the natives of Sarawak for their land and forest rights, and the right to exist as distinct peoples with their own cultural characteristics and traditions, is part of a growing momentum in the development of international law.

The legal protection of the rights of indigenous peoples is gaining stronger recognition at the international level.

One significant development is the Universal Declaration on Rights of Indigenous Peoples which is being prepared for adoption by the General Assembly of the United Nations.

The Declaration recognises the specific need to promote and protect those rights which stem, among other things, from the traditions, cultures and legal, social and economic structures, especially those which "are tied to the lands which the groups have traditionally occupied' (emphasis added).

It is concerned that many indigenous peoples have been unable to enjoy and assert their inalienable human rights and fundamental freedoms, "frequently resulting in insufficient land and resources, poverty and deprivation."

The Declaration also endorses calls for the consolidation and strengthening of indigenous societies, their cultures and traditions through development based on their own needs and value systems. Of importance is the call for the comprehensive participation of indigenous peoples in all relevant development efforts.

The Declaration (Article 12) clearly spells out the right of collective and individual ownership, possession and use of the lands or resources which indigenous peoples have traditionally occupied or used. The resources include flora and fauna, and water.

In the case of the Sarawak native communities, their rights to land and forest resources (including rivers and aquatic life) are clearly within this international recognition. Moreover, the Sarawak Land Code itself embodies this legal protection. Any doubts over the interpretation of the scope of the state law should necessarily be resolved along international standards. This means that the native communities are entitled to not only their temuda land, but also the primary forest areas included in their menoa claim.

With respect to the Penan, the state authorities have constantly asserted that they do not have legal rights under the Sarawak Land Code because of their nomadic lifestyle. The Land Code recognises the establishment of native customary land rights mainly by occupation and cultivation before 1958 (see Chapter 2).

However, each Penan community does have claims over particular river systems, focussing on fruit trees, sago clumps, rotan areas, etc., and these are respected by other Penan and non Penan communities. There is evidence, moreover, that the Penan are the oldest inhabitants in Borneo.

Thus, the scope of the existing state land law is open to dispute. However, the Universal Declaration substantiates Penan claims since Article 12 clearly recognises the use of land or resources as well.

,Related to the right to traditional land is the right to recognition of their own land-tenure system for the protection and promotion of the use, enjoyment and occupation of that land (Article 13).

This is particularly significant because sophisticated and complex land tenure and re-source stewardship systems are often dismissed by domestic legal systems. Where customary laws are taken into account, these are distorted and inevitably reduces the traditional rights of indigenous peoples.

Article 16 proceeds to recognise the right to protection of the environment of indigenous peoples. in particular they have the right to be protected against any action or course of action which may result in the destruction, deterioration or pollution of their traditional habitat, land, air, water, wildlife or other resources without their free and informed consent. if such damage does take place, with their consent, then the affected people have the right to just and fair compensation.

In Sarawak, these environmental rights of the people have been violated with impunity. Logging activities have caused drastic reduction in food resources, raw materials for local use and for income earnings, widescale soil erosion, and the pollution of streams and rivers affecting drinking water supplies and aquatic life. All the native communities in the logging areas have suffered livelihood deprivations and deteriorating health. The Penan have been especially vulnerable.

Where compensation has been paid by the logging operators the amounts have been a pittance compared to the disruption of the environments and peoples' lives. They have been fallen far short of the international standard of "just and fair compensation".

Article 18 also clearly states that: "... In no case may an indigenous people be deprived of its means of subsistence". in the event of any deprivation, there is a right to just and fair compensation, too.

The Penan have consistently said that they do want development, but at a pace and based on priorities determined by themselves. This demand is also recognised by the Universal Declaration:

The right to special government measures to improve the social and economic conditions of indigenous peoples, with their consent and that reflect their own priorities (Article 19, emphasis added).

The right to formulate and implement health, housing and other socio-economic programmes affecting them, and as far as possible, to do so through their own institutions (Article 20).

If the Universal Declaration is adopted by member states of the UN General Assembly it would mean a commitment to international standards which is long overdue. To date, the draft Declaration has received encouraging support from a number of governments.

The appeals, claims and demands of the native peoples of Sarawak are part of that effort to give effect to the inalienable human rights of indigenous peoples all over the world.

5. FIRST REVISED TEXT OF THE DRAFT UNIVERSAL DECLARATION ON RIGHTS OF INDIGENOUS PEOPLES

The General Assembly,

Considering indigenous peoples born free and equal in dignity and rights in accordance with existing international standards while recognising the right of all individuals and groups to be different, to consider themselves different and to be regarded as such,

Considering that all peoples and human groups have contributed to the progress of civilisations and cultures which constitute the common heritage of humankind,

Recognising the specific need to promote and protect those rights and characteristics which stem from indigenous history, philosophy of life, traditions, culture and legal, social and economic structures, especially as these are tied to the lands which the groups have traditionally occupied,

Concerned that many indigenous peoples have been unable to enjoy and assert their inalienable human rights and fundamental freedoms, frequently resulting in insufficient land and resources, poverty and deprivation, which in turn may lead them to voice their grievances and to organize themselves in order to bring an end to all forms of discrimination and oppression which they face,

Convinced that all doctrines and practices of racial, ethnic or cultural superiority are legally wrong, morally condemnable and socially unjust,

Reaffirming that indigenous peoples in the exercise of their rights should be free from adverse distinction or discrimination of any kind,

Endorsing calls for the consolidation and strengthening of indigenous societies and their cultures and traditions through development based on their own needs and value systems and comprehensive participation in and consultation about all other relevant development efforts,

Empbasising the need for special attention to the rights and skills of indigenous women and children,

Believing that indigenous peoples should be free to manage their own affairs to the greatest possible extent, while enjoying equal rights with other citizens in the political, economic antisocial life of States,

Bearing in mind that nothing in this declaration may be used as a justification for denying to any people, which otherwise satisfies the criteria generally established by human rights instruments and international law, Its right to self-determination,

Calling on States to comply with and effectively implement all international human rights instruments as they apply to indigenous peoples,

Acknowledging the need for minimum standards taking account of the diverse realities of indigenous peoples in all parts of the world,

Solemnly proclaims the following declaration on rights of indigenous peoples and calls upon all States to take prompt and effective measures to implement the declaration in conjunction with the indigenous peoples.

PART I

1. The right to the full and effective enjoyment of all fundamental rights and freedoms, as well as the observance of the corresponding responsibilities, which are universally recognised in the Charter of the United Nations and in existing international human rights instruments.
2. The right to be free and equal to all the other human beings in dignity and rights and to be free from adverse distinction or discrimination of any kind.

PART II

3. The (collective) right to exist as distinct peoples and to be protected against genocide, as well as the (individual) rights to life, physical integrity, liberty and security of person.
4. The (collective) right to maintain and develop their ethnic and cultural characteristics and distinct identity, including the right of peoples and individuals to call themselves by their proper names.
5. The individual and collective right to protection against ethnocide. This protection shall include, in particular, prevention of any act which has the aim or effect of depriving them of their ethnic characteristics or cultural identity, of any form of forced assimilation or integration, of imposition of foreign life-styles and of any propaganda derogating their dignity and diversity.
6. The right to preserve their cultural identity and traditions and to pursue their own cultural development. The rights to the manifestations of their cultures, including archaeological sites, artefacts, designs, technology and works of art, lie with the indigenous peoples or their members.
7. The right to require that States grant - within the resources availabl the necessary assistance for the maintenance of their identity and their development.
8. The right to manifest, teach, practise and observe their own religious traditions and ceremonies, and to maintain, protect and have access to sacred sites and burial-grounds for these purposes.
9. The right to develop and promote their own languages, including an own literary language, and to use them for administrative, juridical cultural and other purposes.
10. The right to all forms of education, including in particular the right of children to have access to education in their own languages, and to establish, structure, conduct and control their own educational systems and institutions.
11. The right to promote intercultural information and education, recognising the dignity and diversity of their cultures, and the duty of States to take the necessary measures, among other sections of the national community, with the object of eliminating prejudices and of fostering understanding and good relations.

PART III

12. The right of collective and Individual ownership, possession and use of the lands or resources which they have traditionally occupied or used. The lands may only be taken away from them with their free and informed consent as witnessed by a treaty or agreement.
13. The right to recognition of their own land-tenure systems for the protection and promotion of the use, enjoyment and occupancy of the land.
14. The right to special measures to ensure their ownership and control over surface and substance of resources pertaining to the territories they have traditionally occupied or otherwise used including flora and fauna, waters and ice sea.
15. The right to reclaim land and surface resources or where this is not possible, to seek just and fair compensation for the same, when the property has been taken away from them without consent, in particular, if such deprival has been based on theories such as those related to discovery, terra nullius, waste lands or idle lands. Compensation, if the parties agree, may take the form of land or resources of quality and legal status at least equal to that of the property previously owned by them.
16. The right to protection of their environment and in particular against any action or course of conduct which may result in the destruction, deterioration or pollution of their traditional habitat, land, air, water, sea ice, wildlife or other resources without free and informed consent of the indigenous peoples affected. The right to just and fair compensation for any such action or course of conduct.
17. The right to require that States consult with indigenous peoples and with both domestic and transnational corporations prior to the commencement of any largescale projects, particularly natural resource projects or exploitation of mineral and other subsoil resources In order to enhance the projects' benefits and to mitigate any adverse economic, social environmental and cultural effect. just and fair compensation shaft be provided for any such activity or adverse consequence undertaken.

PART IV

18. The right to maintain and develop within their areas of lands or territories their traditional economic structures and ways, of life, to be secure in the traditional economic structures and ways of life, to be secure in the enjoyment of their own traditional means of subsistence, and to engage freely in their traditional and other economic activities, including hunting, fresh- and salt-water fishing, herding, gathering, lumbering and cultivation, without adverse discrimination. In no case may an indigenous people be deprived of its means of subsistence. The right to just and fair compensation if they have been so deprived.
19. The right to special State measures for the immediate, effective and continuing improvement of their social and economic conditions, with their consent, that reflect their own priorities.
20. The right to determine, plan and implement all health, housing and other social and economic programmes affecting them, and as far as possible to develop, plan and implement such programmes through their own institutions.

PART V

21. The right to participate on an equal footing with all the other citizens and without adverse discrimination in the political, economic and social life of the State and to have their specific character duly reflected in the legal system and in political and socio-economic institutions, including in particular proper regard to and recognition of indigenous laws and customs.
22. The right to participate fully at the State level, through representatives chosen by themselves, in decision-making about and implementation of all national and international matters which may affect their life and destiny.
23. The (collective) right to autonomy in matters relating to their own internal and local affairs, including education, information, culture, religion, health, housing, social welfare, traditional and other economic activities, land and resources administration and the environment, as well as internal taxation for financing these autonomous functions.
24. The right to decide upon the structures of their autonomous institutions, to select the membership of such institutions, and to determine the membership of the indigenous people concerned for these purposes.
25. The right to determine the responsibilities of individuals to their own community, consistent with universally recognised human rights and fundamental freedoms.
26. The right to maintain and develop traditional contacts and co-operation, including cultural and social exchanges and trade, with their own kith and kin across State boundaries and the obligation of the State to adopt measures to facwtate such contacts.
27. The right to claim that States honour treaties and other agreements concluded with indigenous peoples.

PART VI

28. The individual and collective right to access to and prompt decision by mutually acceptable and fair procedures for resolving conflicts or disputes and any infringement, public or private, between States and indigenous peoples, groups or individuals. These procedures should include, as appropriate, negotiations, mediation, arbitration. national courts and international and regional human rights review and complaints mechanisms.

PART VII

29. These rights constitute the minimum standards for the survival and the well-being of the indigenous peoples of the world.
30. Nothing in this Declaration may be interpreted as hnplying for any State, group or individual any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

The International Labour Organisation's Convention 107, Article 11, already recognises the land rights of indigenous peoples.

This draft declaration was drawn up by the United Nations Working Group on Indigenous Populations (a Working Group of the Sub-commission on Prevention of Discrimination and Protection of Minorities which falls under the Commission on Human Rights set up by the UN Economic and Social Council). It will be presented to the UN General Assembly for discussion and adoption.