Statement from Penans General Meeting Concerning Problems Affe

Statement from Penans’ General Meeting concerning problems affecting Penans held on the 19th – 20th May, 2005, at Long Belok, Sungai Apoh, Tutoh, Baram.

We, as tribal/village chiefs together with representatives from twenty seven (27) villages/settlements have met at Long Belok on the 19th – 20th May, 2005.

From our discussions, we noted that the various issues and problems faced by our community which were also outlined in the Long Sayan Declaration June 2002, have not been given due attention nor were there any action taken by the government.

In recent years, the problems that Penans have been facing have become more serious and our living conditions have become more pathetic and our people become poorer.

We outline below the various issues and problems that have been plaguing us for many years.

1. Logging and associated problems.

1.1. Logging companies are still carrying out their activities indiscriminately within and around our ancestral forest areas without showing any respect to our customary rights and our way of life which entirely depend on the forests and its resources to obtain food for our daily survival. Although this matter has often been raised, our problems continue to be taken lightly by the government.

1.2. Very recently, certain logging companies have resorted to all kinds of tactics including the use of “gangsters” to threaten and or intimidate us so that we are pressured to surrender our communal forest areas for logging. We strongly deplore such “inhumane” actions as it violates our basic human rights and privileges as indigenous people of this country. Such tactics also contradict the underlying objectives of development policies in this country.

1.3. We are also filled with frustration because the forest areas allocated for the Nomadic Penans in Sungai Bareh and Magoh areas are being encroached and logged by the logging companies without any control and protection by the authorities concerned.

2. Large scale Plantation Development

2.1. We also noted with grave concern that the state government has not conducted any detailed study on the socio-cultural impacts of large-scale development projects on Penans. Detailed study should be conducted prior to the issuance of provisional leases to private companies to proceed with large-sale plantation developments in and around the traditional lands of Penans. Without such studies and proper consultation being undertaken, more problems and misunderstanding will ensue between our communities and the companies involved in future. 2.2. Even though some efforts have been made to involve our people in development activities like logging and plantation, we are of the view that this is not the solution to the problems faced by us Penans as a whole. This is because the issue of utmost important to us is the recognition and protection of our rights to our lands and forests. We need to stress herein that mere participation and or involvement in the current development activities does not guarantee our survival and future.

2.3. Based on the observations we have from the trip we made to an oil palm plantation which involve the Penans in Suai, Niah, Miri Division, the project does not bring the purported benefits as expected.

2.4. We do not oppose or reject development but in view of the experiences we have undergone during the logging era whereby the various problems we encountered were and are not given appropriate attention and actions by the government, we feel greatly worried, uncertain and hesitant to accept other projects particularly those that involve our lands and forests on a big scale.

3. Medical and health services

3.1. The health situation of the Penans at present is worrying. Very recently, our people have been infected with various contagious diseases such as Malaria, measles and also other illnesses such as gastric, skin diseases, diarrhea, persistent flu, headaches, weak body, eye sores, boils, and so on. Among the possible factors that led to the emergence of these health problems were the change from traditional food sources to present type of food (which are often inadequate) including the destruction and degradation of the surrounding natural environment.

3.2. Existing health service centres are poorly equipped and cannot meet the needs of the sick. If there is any emergency case, it is extremely difficult for the patient to obtain immediate treatment.

For example the Penans in Sungai Tutoh, Baram District has one village clinic located in Long Kevok only and is served by only one medical assistant assisted by a community nurse, to serve around two thousand Penans in the surrounding area. Whenever the medical assistant goes on leave, there is no one else to treat the sick. Apart from the serious lack of manpower, medicines stock and medical equipments are also inadequate and limited compared to the needs and expectations of the sick. As a result, the Penans in the Tutoh area have to travel to clinic located much further. Flying doctor service is also provided on an irregular basis.

3.3. Almost all Penan settlements are not provided with clean piped water supply (gravity-feed water system) for their daily consumption. Water is obtained from the nearby rivers and streams which have long been polluted due to soil erosion, siltation, oil disposal and waste as a result of logging activities in the surrounding areas. 3.4. Many of our people that do not have citizenship identity documents are also worried and afraid to travel to Marudi or Miri for medical treatment for fear that we may be reprimanded by the authorities or may not be given proper treatment.

4. Education

4.1. Most Penan villages/settlements are still not provided with basic school facility whether for kindergarten or primary education. Our young children have to be sent to schools far away from our villages/settlements.

Our children aged 6 to 7 years old who definitely have problems looking after themselves are forced to stay in boarding schools. While staying in hostels, there are instances where their security and welfare are not given due attention by the school authorities. Penan children's education performance is always generally poor.

4.2. Educational assistance is greatly needed by us and our children such as scholarships, school uniform, text books and stationeries. The government has always mentioned that special rights and privileges are accorded to Penans in terms of education but in actual fact, there has been no such privilege. This can be seen when some Penan children successfully made their way to higher institutions, and they have had to apply for PTPTN loans just like other groups.

4.3. The government has not given special consideration to our children especially the SPM and STPM school leavers in providing employment opportunities and skills development courses so as to enable our people to be progressive. This is important because these literate and educated group will be our leaders in the near future.

4.4. Existing schools located in Penan settlements/villages are inadequate and not able to cater to Penan educational needs. This matter has been brought to the attention of the relevant ministry but the problems have yet to be given attention, clarification and priority by the government.

5. Birth Certificates and Identity Card.

5.1. Until now, there are still huge number of our people that do not have important documents such as birth certificates and identity cards.

The main cause of this problem is transportation cost to the nearest registration office which many of us cannot afford.

5.2. Many of our children that do not have the above documents could not continue with their education to secondary level.

5.3. Recently the air transport service operators to rural areas such as Long Lelang, Long Seridan, Long Banga and Bario have imposed a new ruling which restrict those who have no identity documents to board the planes. This means that our people who have no identity documents have no access to the Registration department because they cannot travel. .

6. Housing

6.1. Almost all the Penan villages or settlements have not been given assistance by the government as what had been promised before. Although some housing assistance were provided in the form of housing materials to some of the Penan villages, the general conditions were unsatisfactory and the quality of the materials provided was poor and this has rendered the houses unsafe for dwelling. Examples of such houses being built are at Long Kevok, Layun, Tutoh, Long Belok, Apoh and Long Muboi, Selaan, Ulu Baram. Major component of the house such as the posts, together with the roof (zinc) and wall (plywood) are already rotting.

6.2. If we are left on our own to build proper longhouses, our people do not have the relevant skills to do so, because we only have skills to put up temporary huts.

Apart from that, there are also problems of inadequate supply of housing materials to some of our villages who have requested for such assistance, and the lack of carpentry tools to carry out the construction.

7. Major Requests and Demands

7.1. Recognise our native customary right (NCR) to our customary communal lands including special rights and privileges to have continuous access to the land and forest resources to obtain our food and daily needs.

7.2. Withdraw all the provisional leases and or licences issued for logging and large- scale plantation projects that affect our customary communal lands.

7.3. Expedite the approval of our applications for Communal Forest Reserve.

7.4. Come up with development plans and models that are genuinely sustainable and appropriate with our needs, aspirations, consent and capacity.

7.5. Increase the number of educational centers in Penan villages.

7.6. Put up training centers for agriculture and livestock rearing in Penan areas of settlements in view of the fact that our people have to change our way of life from total dependence on the forests resources which are depleting to a sedentary life.

7.7. The health ministry has to continuously monitor the health situation of the Penans including carrying out studies and or in depth research on the causes of diseases and or health problems suffered by Penans. Besides, special programmes in the form of health workshops and basic courses on health and personal hygiene should be carried out at the village level. 7.8. The National Registration Department should also come up with an effective mechanism for registration exercise to overcome the current problems.

7.9. Provide housing construction projects that are fully completed, including comfortable and safe to live in.

7.10. Provide skills development and other relevant training programmes for our youth particularly the PMR, SPM and STPM holders and also diploma and degree holders.

7.11. Provide more health and medical service centres in Penan areas. Such centres should be near to Penan settlements and within easy reach during emergency cases.

7.12. Provide appropriate educational assistance and scholarships to Penan children at Primary, Secondary and tertiary level (Public and Private).

All the above requests and demands are in line with the promises made by the state government in its effort to persuade and convince the Penans to lead a settled life in longhouses. Our people have responded to the call of the government, now the time has come for the government to fulfill its much publicised sweet promises.

In addition to that, our requests and demands are also made in line with the recommendations made by SUHAKAM (Malaysia Human Rights Commission) to the government concerning indigenous peoples in Malaysia. As such, we are of the view that our requests are not in conflict with the existing laws and policies of the country and the government has no basis to ignore our demands. If the government is genuinely and sincerely concerned of our welfare, these are the matters that require immediate attention.

Development plans that have been devised and implemented without taking into account the views and concerns of our people have not been encouraging. It is only proper for the government to give due attention to our views because we are in a better position to know our needs and interests whether for present or future.

Despite that, we will not simply reject any other forms of assistance from the government apart from what we have outlined above as long as it is appropriate and through our prior informed consent.

We, therefore, appeal to the Federal and State governments to take immediate action to address the issues and problems faced by us Penans and take necessary steps to rectify the situation we are in and to ensure that the Penan community stand to meaningfully benefit from current and future development in the country.

Organiser/Host: Sarawak Penan Association