Bruno Manser Fonds updated 2002-09-25 |
Tong Tana, June 2002Journal of the Bruno Manser Fondson the subjects of rain forests, indigenous rights and timber trade |
"Mankind is basically bad" is what I often used to hear 20 years ago when I started to think about the world we live in. I was enraged by the inhumanity we are willing to accept, the calculating inhuman ways we are ready to apply, for fear of loosing our material happiness.
Today it is said that the human being is a 'self-interest optimiser'. All the scandalous social and environmental injustice happening daily has acquired, under the so innocent and harmless sounding label of 'globalisation', the status of a Law of Nature. At least, that's what today's leading authorities in economic and political sciences maintain. To prove this theory the "population explosion" is always held up in equation to the needs of our consumer society.
Egoism and materialism are not Laws of Nature. As for example
an anonymous official of the forest authorities of Sarawak commented to the
Tribune after he had been caught in a traffic jam caused by a landslide: "If
the trees had not been cut down on the hilltop indiscriminately, the catastrophe
could have been avoided." In 1994 report on global soil-threat the Scientific
Advisory Council to the Federal Government of Germany stated the following:
"Soil constitutes an essential basis of life of the human being and has,
up till now, been neglected. Many local processes accumulate to a global environmental
trend against which political measures must urgently be taken."
The Advisory Council investigated twelve "illnesses of the soil" caused by mankind and named them after their geographical focus points. They coined the name "Sarawak Syndrome" which now globally stands for the destruction/loss of soil through over-use of the forests.
The International Tropical Timber Organisation ITTO came after its two missions to Sarawak 1989 to the same conclusion and urged Sarawak to drastically reduce the annual logging-quota - in vain.
Both institutions support their findings with economical arguments: Natural resources are limited. Once plundered a source of income is lost while as a consequence, immense costs are generated.
The tropical timber industries are aware of these matters and hold the industrialised countries responsible as these countries "are not willing to finance sustainable forest industries in the Tropics." (Malaysia's Premier Mahathir, The Star 15.03.02).
16 people lost their lives in the mud slide in Sarawak. Countless others lost all they owned. At the same time Sarawaks timber industry announced that in the years 2000 and 2001 they had exported products valued at 3 billion US$.
Thus the arguments in the globalisation gospel - from "poverty eradication" to "prosperity for all" - turn out to be the actual root of the problem.
The believers in globalisation do grant the environmentalists an important position as public informants. But when it becomes a matter of meeting the demands of a responsible and conscious society, then the political and economical establishment justifies its inactivity by referring to Laws of Nature "globalisation" and the "WTO" (World Trade Organisation).
In Switzerland 90% of the population would welcome an import moratorium on wood from over-exploited tropical forests (BUWAL 1998), while in the EU 80% of the population hold the tropical timber industry responsible for the destruction of the rain forests (University of Vienna, Austria, 1998).
As long as our politicians find themselves incapable of meeting the needs of the masses due to the afore-mentioned Laws of Nature, we stay co-responsible for the destruction of the basis of live per se.
But the powerlessness against globalisation is the same everywhere - and causes us to feel greater solidarity for the Penan and other minority groups: Let us not allow the helplessness to be, like the injustice, also declared a Law of Nature!
We need to break out of the prison of fearful thought patterns, to call an end to this delusion of economic growth and productivity! We need alternatives to a meaning in life reduced solely to our personal profit! New and long-term social concepts are called for and people who have the courage to think in the scale of entire social concepts, to work for it and support it! The indigenous peoples with their integrating view of life, their sustainable use of nature's resources and their intuitive abilities can be our models in this process!
As the famous biologist Edward O. Wilson writes in his alarming
book "The Future of Life: "We need nature and particularly its wilderness
strongholds. It is the alien world, that gave rise to our species, and the home
to which we can safely return. It offers choices our spirit was designed to
enjoy."
In this spirit we believe! With your support we will continue fighting
for the future of life.
John Künzli
The Sarawak syndrome
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jk - The biggest, still intact forest region of Sarawak is around the headwaters of the River Baram. The Penan of this region have been semi-nomadic for decades: They do live in permanent houses and grow mountain rice but they still hunt and gather most of their food, medicine and building materials in the forest.
In the late 1980s the Penan managed to put a halt to logging activities with repeated road blockades. This went on until 1993 when the most successful Penan blockade at Long Sebatu was smashed after 8 month in a massive police and military operation, and the village razed to the ground (little Sonny died because of the tear gas).
The logging company Samling and the government of Sarawak therefore looked for unconventional means to exploit this last big timber mine of Sarawak: they promised the Penan to respect their needs and to use the forest with "care". The German Agency for Technical Assistance (GTZ) offered their help and together with Samling and the forest authorities developed the FOMISS project (forest management system Sarawak). Together the three project partners tried to get the Penan to agree. Even though FOMISS declared the Penan as equal partners in the project, their "involvement" was limited to a concluding acceptance. But the Penan didn‘t let themselves be cheated - Samling and the government had already broken too many promises. That the GTZ made Bruno Manser responsible for the failure of the project, proves that the GTZ also does not regard the Penan as equal and independant partners.
Last year the GTZ left Sarawak again. It left behind a filthy rich and unscrupulous logging company with a forest management plan worth millions financed by German taxes - and refused the concerned Penan and NGOs inspection of records.
Samling is starting to implement the FOMISS forest management plan. In February workers of Samling came to survey the forest in the area of the settlements of Long Sepigen (approx. 30 families, 80 members) and Long Kerong (45/230). Already in 1997 the situation got out of control here when over 70 Penan tried to negotiate with the Samling workers. In a brutal military operation - (quote: "We are going to bombard Long Kerong!") - 14 persons were injured and 4 Penan arrested (Newsletter, April 1997). The four Penan were acquitted but no criminal charges were ever pursued against the paramilitaries.
In March 2002 Samling forced entry into the forest of Long Lai (27/100). The Penan tried repeatedly to initiate talks with the managers of Samling and open up negotiations - hitherto without success.
The Penan villages Long Benali (16/85) and Long Pengaran (4/30) are being subjected to the destruction of their environment by Interhill Co. Interhill Co. refers to the Kelabit of Long Lelleng who gave them logging permission. A Dayak court has now to solve the dispute between these two peoples. The Blockade set up by the Penan of Long Pengaran Iman on may 2nd was forcefully dismantled by 3 military platoons on may 8th. Interhill speeds up the work within the Penan-territory with 10 bulldozers!
Waves of resistance
There have been at least 6 further blockades since the 27th March in the catchment basin of both the Limbang and the Baram Rivers - there haven‘t been that many there in the last 10 years! These blockades were started by the Penan of Long Sayan and Long Belok under the guidance of the experienced activist and chief Ajeng Kiew. For the last 18 months they have been repeatedly blockading the road of the logging company Interhill Sdn. Bhd. After the first three days an agreement was worked out but later withdrawn by the Penan because it did not satisfy their demands and the subsequent negotiations were unsuccessful. On 18th April the Penan resumed the blockade. This dispute is still outstanding.
The second blockade was erected on the River Patah - once again on a logging road belonging to Interhill and Rimbunan Hijau Co. The manager agreed to all the Penan‘s demands and asked them to come to Marudi to sign a contract in the presence of the district authorities. But on the 2nd April there was nobody from Interhill in Marudi. The Penan returned home and on the 18th April renewed blockades. Currently 5 Penan settlements participate in them.

This blockade near Long Pengaran...

...was dismantled by the army on 8th May.
Unexpectedly on the 8th April the nomadic Penan who live in the Magoh territory on the River Tutoh put up a blockade. This group of nomads is led by Guman Magut and is fighting against Woodman Co. This blockade was given up on 13th April after Woodman Co. had pulled the lorries and heavy machinery out of the nomads‘ forest. The nomads justifiably fear the company will return, because this repeatedly happened in the past. The Penan demand that Sarawak‘s government recognize their land rights.
The forth blockade was erected on the Madihit River, on 10th April, by the nomadic Penan of the Limbang region, where the Tamex Timber Co., a dauther of Samling as well as the Lee Ling Company, have been destroying the environment of the Penan of this region for decades. This blockade could be upheld until the end of April without further any incidents, even though the police tried to lift it on April 17th.
On 10th April Along Sega's group also blockaded the road of the company Lee Ling, which used to be called Limbang Trading Co. and belonged to the former Minister of Environment, James Wong. This blockade could be upheld until May 15th inspite of the police threatening to use tear gas.

Guman Megut and his group blockade the road of the Woodman Company; photo of
April 2002.
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Beginning of April the blockade of the settlement Long Bemang on the River Apoh escalated when the manager of Rimbunan Hijau Co.‘s timberyard ran amok. The indigenous people, true to the traditions of their forefathers, tied the nutcase up and brought him to their chief in their longhouse. As a result of this 32 Penan and Kayan were arrested. In their defence the indigenous people explain that Rimbunan Hijau has been forcing entry and destroying their forest for decades without permission and that they had to immobilize this violent and insulting manager for his own and everyone elses protection. The court has not as yet started legal proceedings in this case. Those suspected of wrongful deprivation of personal liberty are still under arrest.

Blockades by the Penans and Kayans since March 2002
Sources: press release SAM, 23.04.2002/News of the Penan by Ulu Baram/ The
Star/Borneo Post, 18./28.04.2002/www.surforever.com/sam
(website Sahabah Alam Malaysia)/www.earthisland.org./borneo/(Borneo
Project)
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As usual, whenever the indigenous people of Sarawak defend themselves against the "improvements" of their living conditions ordered by the government, the establishment does not take the problem seriously but accuses foreigners of using the poverty of the Penan to serve their own
Thus the rumour goes round that a new "white rajah", or even Bruno Manser, is behind the current wave of resistance. According to the government, the Penan have never had it as good as now.
Senator Balan Seling, self-appointed Penan expert and the one responsible for the "development" of the Penan, announced in the Sarawak Tribune on December 27th, 2001, that the Penan of the Tutoh River had banished Bruno Manser because they had come to realize that only the government could really help them.
In January 2002 we received the following information from the Embassy of Malaysia on the current situation of the Penan:
The department of the Chief Minister of Sarawak points out that only actively cultivated land can be claimed by the indigenous people. The government has allowed the Penan to continue their traditional life-style in remote forest areas but, at the same time, "development activities detrimental to the environment quality" such as logging are also permitted. The government stresses that it will not protect any forest for the Penan. Instead, the Penan are to be prepared for a "better" future. There are plans to herd 12,000 Penan together into one single settlement in the middle of an oil palm plantation where they would have to find work as cheap slaves for the global palm oil market.
Source: Chief Minister Department Sarawak, January 2002

jk - The Penan tell a totally different story about the governmental development aid. As the government only recognizes land rights for areas under active cultivation PRIOR to 1958 – the Penan were at that time still living a nomadic life as hunters and gatherers – the Penan are now the only indigenous people without any land right titles at all. This is why for the last 20 years they have been forced to defend their very basis of living with such desperate means. All the demands and petitions to recognize and protect their legitimate rights and land claims have been ignored by the government. All promises made by the government to protect the forest for the Penan have been broken. Speakers at the blockades testify that the situation of the Penan has never been worse:
Ajeng Kiew, 50, chairman of the Penan Association of Sarawak and chief of the settlement Long Sayan on the Apoh River: "We asked the government to protect our communal forest. We asked for schools and hospitals. But they sent us logging companies instead. And now plantation companies are following. Where is all the money the government has invested in us? Why does nobody ever come and see that we are suffering?"
Ayan Jelawing, 64, Long Beluk on the Apoh River: Apoh means sago in our language. We were the first humans in this area and the river is named by us. Our boundaries were respected until the logging companies came in the 1980s and said, that we had absolutely no rights!"
Seman Ngang, 60, Long Kevok: "The Penan Centre is nothing really. The clinic has no medicine, doesn’t even have a telephone, no real road either. Where does the government’s money for us go?"
Lolie Mirai, Long Leng on the Layun River: "There was talk about forest reserves for us Penan. Instead logging companies came. We have no experience in agriculture and nobody helps us."
Johnny Lalang, 37, Long Lunyim on the Pelutan River: "We are treated like we are stupid. They don’t respect us at all. Before the government brings us development it must show us respect. All we want is our forest!"
Lep Selai, nomad of the Limbang River: "My wife died from drinking the water from the river. My relatives settled at the Baram River. But now they have left the settlement because too many were hungry. We do not eat domestic animals. We eat the wild animals of the forest, that is our tradition."
Nyagung Malin, nomad of the Puak River: "Life was easy before the logging companies came. Now we are hungry. Sometimes I think I would like to settle but I know nothing about agriculture. If you really want to bring us development then give us our forest! My forefathers had no longhouses but they survived!"
Peng Megut, nomad of the Magoh River: "The government has given all the forests to the logging companies. But the forest is our supermarket. Where else can we find all we need? My brother has settled in Long Menging but things are no better for him. If we settle down then it would be a trade off for our forest!"
Selai Sega, nomad of the Limbang River: "Please tell the chairman of the Penan Committee and Dr. Mahathir that our rivers are being poisoned and many of us are sick. Money is spent quickly but our land will go on nourishing us. This land is not created for the government – nor was it created by the government!"
Source: Friends of the Earth Malaysia SAM, Utusan Konsumer May 2002

Penan woman preparing wild sago. Hunger only arrived with with the loggers!
The government wants to settle the Penan in a big way. Their model is the controversial Bakun Dam Project where by now over 10,000 Dayak had to leave the area. They were dispossessed and settled in the artificial town of Asap. They endlessly complain about the miserable compensations for their losses, bad infrastructure, few possibilities to make an income, etc.
The Penan want to decide independently about their life and their future, as they have always done. They are fighting for recognition of their legitimate land and prescriptive rights and will not give up even though their complaints and their petitions have up to now been unsuccessful. With great personal commitment they will go on resisting peacefully against the destruction of their environment.
The BMF supports the Penan financially during blockades, arrests and court cases. We support a co-ordination centre for the Penan and we assist the information flows smoothly in Sarawak and internationally.
It’s best, though, to support self-help. Since the mid 1990s the Penan are documenting their land rights by mapping out their territories ("Community Mapping"). By naming the rivers, hills and places in their own language they can prove their presence in a particular area over a long period of time. The boundaries of their territories as well as graves and places of worship, old hunting shelters, etc are mapped out using also the aid of the modern satellite technology (GPS). Another map shows the economic value the forest has for the Penan: where they hunt, find sago palms, where they have planted fruit trees or where they gather rattan. Also documented are the past and current damages done by the logging companies.
The whole community participates in this survey. Afterwards these boundaries have to be recognized by the neighbouring communities. It takes a lot of time and effort. As this is done by the Penan themselves it strengthens their self-esteem and their communal spirit. While this work is in progress the Penan become aware of their land and use rights. The maps give them something in their hands which proves without words or discussion their very existence and encourages them to independent action and resistance. The maps remain in the possession of the Penan and can be used during negotiations with the logging companies and the authorities. During court cases the maps can prove the legality of their demands and they will also be invaluable to future generations who have not grown up in the forests.
Cartography is the key to success
During the last couple of years the Penan have gathered data with the support of Malaysian and foreign experts. Now this data has to be clarified and any loopholes discussed with and closed by lawyers. To finish mapping 8 Penan settlements still this year additional funds are necessary for the education of further Penan, to buy technical apparatus or to be able to call in international experts. At the same time work should commence with the last nomadic Penan who most desperately need such documentation of their existence for their legal demands. The BMF is also looking for financial support from third parties for this very capital-intensive project.
In May 2001 when the High Court of Sarawak had, for the first time in history, ruled that the Iban of Rumah Nor were to be awarded a piece of primary forest and that the government had illegally issued licences the judge upheld the verdict with maps and other documents made independently by the Iban. The parliament then forbid mapping by non-authorised sruveryers, but the courts decide independently what proof is admissible. On the 21st April 2002 the High Court of West-Malaysia also ruled for the indigenous people and awarded the Orang Asli (First Humans) a piece of forest and financial compensation for incurred damages (New Straits Times 21.04.2002). The Orang Asli had also made their own maps to document their demands. Further precedents from Canada and other countries whose law is based on the British Commonwealth Law, as is the case in Malaysia, prove that "Community-Mapping" really can lead to success.

Bruno’s rucksack was almost as big as he was. In March 2000 there was
no time to draw the bee-hive in this enormous strangler fig.
jk – On the 19th December 2001 the Sarawak Tribune wrote that the Police Chief of Marudi district had returned from the Adang region. He had been questioning Along Sega and other Penan on Bruno’s disappearance finding out only that the nomads had not seen Bruno since a long time and had no idea where he could be. Datuk Yusoff Jaafar, Chief of the police department of Sarawak, announced that the investigations would continue although there was no proof that Bruno had died or even been murdered.
Two days later it was announced through the press that the authorities of Sarawak would be returning the things they had confiscated when, in 1986, Bruno had just barely managed to avoid getting arrested.
End of April 2002 two boxes containing old salt, rice, a pair of John Lennon spectacles, medicine against malaria, a fishing net among others arrived in Switzerland. Unfortunately the diaries which Bruno had been trying for years to retrieve were not included.
The Malaysian authorities still don’t believe that Bruno lost his life in Sarawak. They doubt he ever entered the country and speculate on his still hiding in Kalimantan, the Indonesian part of Borneo.
That would be wonderful but, unfortunately, hardly realistic. The current resistance in Sarawak proves, at least, that Bruno’s actions were not in vain. Bruno’s spirit lives on in the Penan’s fight for survival and helps us to deal with the uncertainty of his fate.
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Process ignores concerns of forest peoples
A coalition of Malaysian based indigenous, non-governmental and community organisations have voiced strong concerns and objections to the Malaysian Timber Certification Council (MTCC) over the ongoing voluntary timber certification process.
The MTCC has been involved in drawing up criteria and standards for certifying Malaysian timber has being sustainably produced so as to gain acceptance to European and US markets where consumers are demanding such timber.
In developing the "Malaysian Criteria, Indicators, Activities and Standards of Performance for Forest Management Certification" (MC&I), the MTCC, which is set up with the support of the government, had involved some NGO and community participation.
NGOs and community groups, including indigenous groups who were part of the consultation process have now withdrawn their involvement and wish to announce that they do not endorse the ongoing certification process. Below is an excerpt of their letter.
The MTCC in proceeding with its voluntary certification scheme without adequately addressing the call of the communities and NGOs for a moratorium on further logging in primary forests areas and in areas where indigenous peoples are asserting their native rights to land, demonstrates the total lack of genuine concern of indigenous peoples rights and the basic principles of forest management.
We found the process highly flawed as it does not protect and recognise the rights of indigenous peoples and local forest communities who depend on the forests for their sustenance.
In the circumstances, we cannot support the certification of any timber with the MTCC standard as being "sustainably produced".
We had since 1999 been involved in the certification-process, because we were genuinely interested in achieving sustainable forest management in Malaysia.
However, we have also clearly communicated to the MTCC about a number of fundamental issues throughout the process that needed to be addressed and resolved before any credible and effective certification scheme can be in place.
The issues centred on the rights of indigenous peoples to customary lands and forests and livelihoods of the people who live in and around forests. We questioned the value of participating in a process, that is currently not meeting the requirements of either the International Tropical Timber Organisation (ITTO) nor the Forest Stewardship Council’s (FSC) procedures and principles for forest management.
Among the serious concerns that we had raised with the MTCC included:

Lorry after lorry, the Penans are losing their living space to the international
markets.
We had demanded that the process be participatory, consultative, open, transparent and involve representation of all key stakeholder groups at all levels who have a genuine interest in forest management and conservation in Malaysia.
We understand that the MTCC has been communicating with various bodies dealing with timber certification such as Keurhout Foundation (Netherlands), Initiative Tropenwald (Germany), Tropical Forest Trust (USA) and the FSC (international). Yet we do not know exactly what is the status of and relationship among different processes, and roles of MTCC therein.
In relation to the forest management performance standards, we had insisted that the indigenous communities’ legal and customary tenure or user rights (adat) be recognised.
Land and forest disputes between the communities on the one hand, and the government, logging concessionaires and licensees on the other hand, are serious and continue to exist in the country. Violations of the rights of indigenous peoples continue and the timber certification process does not acknowledge such concerns.
We have come to realise that our participation and involvement in the MTCC certification process have been misconstrued as giving consent and approval to the standards drawn up by the MTCC.
The objections that we have raised several times to the MTCC have continuously been ignored and not resolved. We, therefore had not other choice but to withdraw our involvement from the MTCC process in July 2001.
We deeply regret efforts by the timber industry in this country and the MTCC in proceeding to certify timber from Malaysia as being "sustainably produced" when the concerns of indigenous and local communities have not been taken into account and their rights ignored.
Source: Press-release by the NGOs, February 2002

The needs and wishes of the Penan are ignored ...
... and the political-industrial complex takes shameless advantage of
their powerlessness
We were in Puerto Maldonado, the capital of the Peruvian Departement Madre de Dios, in the lowlands of the Amazon. A colleague who knows the territory well assured us that no clearing was being done in this area. The rivers Tambopata and Madre de Dios meet in the area of this very industrious harbour. Mills work on the rice gathered from the small Chacras, cultivated fields, which lie along the river and are, therefore, easily accessible. Banana and maniok boats come into the harbour to feed a continuously growing town. Ten years ago Puerto Maldonado had a population of approximately 10,000 inhabitants. Today it has increased to 40,000. This boom has nothing to do with industrial investment but with gold, timber and tourism from which the Peruvians hope to achieve quick financial profit. So people from the Andes are being attracted to this town in the rainforest. To many the forest is a foreign place and its value is mainly of a financial nature.
For two weeks a local man took us into the forest up the Río Las Piedras. It took us one and a half days to pass the many Chacras belonging to the people of the town and small farmers. They remind us of the tiny garden plots rented out in Swiss towns.
Soon it would be Christmas, so most of the lumberjacks were returning to town. They pass down the river on their rafts of mahogany planks, which are tied together. These are groups of 4 to 6 people plus the owner of the boot. Only mahogany and cedar trees are being felled at the moment because they are the most valuable. This is actually illegal but just about nobody seems to care. The wood is offloaded in the harbour under the supervision of all the custodians of the law and is sent on its long journey to the industrial nations. As "only" selective felling is being done we mercifully do not see big cleared areas. We are happy to be able to enjoy the, to our knowledge, still intact rain forest and to learn as much as we can about the trees and the bushes from our friend. We rarely, though, manage to find one kind again.

Still primeval forest on the upper course of the Tambopata River (Dep. Madre
de Dios, Peru; July 1993)
The different specimens grow far from each other and the incredible diversity only allows space for a few specimens of the same kind in one place. During our two weeks and approximately 350 km up the river we do not see any of the valuable cedar or mahogany trees. Selective felling of specific trees results in the rapid disappearance of these species, which are also necessary habitats for many animals and plants. Because the financially lucrative mahogany and cedar are still to be found, at the moment, other kinds of the great trees are left in peace. Once these two disappear or the other kinds promise greater financial value, they will also be searched for and ruthlessly cut down. So, one day there will also be no more ceibos, ojés, etc. Things will get worse for the diversity of these tropical forests once the infrastructure no longer consists of a motor for a boot and a saw, but of roads, tractors and the big chainsaws! In the ever-growing town they are just waiting for the necessary funds to realise such crazy ideas.
Marus Oberli and Michael Studer beneath one of the mightiest trees (with buttresses and thick lianas) in the Department of Madre de Dios, Peru (2002)
jrd - The Peruvian government wants to give logging companies (amongst others also some from Malaysia) admittance to the Amazon region to achieve more profit from the forest. The exploitive methods of these companies will damage the environment and the Indian communities much more than the above mentioned small groups of lumberjacks have done!
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jrd – We all consume palm oil because various products contain it: instant soups and sauces, margarine, biscuits, cakes and sometimes chocolate, usually hidden