SUHAKAM’S REPORT ON

THE MURUM HYDROELECTRIC PROJECT AND ITS IMPACT TOwARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAwAK

LEVEL 29, MENARA TUN RAZAK, JALAN RAJA LAUT 50350 KUALA LUMPUR, MALAYSIA 603-2612 5600 (T) 603-2612 5620 (F) [email protected] (E)

Book.indd 2 7/17/2009 11:26:35 AM Cetakan Pertama / First Printing, 2009

©Hak Cipta Suruhanjaya Hak Asasi Manusia (SUHAKAM), 2009 ©Copyright Human Rights Commission of Malaysia (SUHAKAM) 2009

Diterbitkan di Malaysia oleh / Published in Malaysia by SURUHANJAYA HAK ASASI MANUSIA / HUMAN RIGHTS COMMISSION OF MALAYSIA E-mail: [email protected] URL: http://www.suhakam.org.my

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Hak cipta laporan ini adalah milik SUHAKAM. Laporan ini boleh disalin dengan syarat mendapat kebenaran daripada SUHAKAM. The copyright of this report belongs to SUHAKAM. This report may be reproduced with SUHAKAM’s permission.

Perpustakaan Negara Malaysia Data-Pengkatalogan-dalam-Penerbitan National Library of Malaysia Cataloguing-in-Publication-Data

SUHAKAM’S REPORT ON THE MURUM HYDROELECTRIC PROJECT AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Includes bibliographical references ISBN 978-983-2523-55-0 1. Murum Hydroelectric Project and Its Impact. 2. Indigenous People 3. Suruhanjaya Hak Asasi Manusia Malaysia.

Book.indd 3 7/17/2009 11:26:35 AM TABLE OF CONTENT PAGE EXECUTIVE SUMMARY i

PART A: SUHAKAM’S REPORT

I INTRODUCTION 2 II BACKGROUND ON THE MURUM HYDROELECTRIC PROJECT 3 III ISSUES 6 IV SUHAKAM’S OBSERVATIONS AND RECOMMENDATIONS 7 V CONCLUSION 16

PART B: REPORT ON SUHAKAM’S DIALOGUE AND MEETINGS

I SUHAKAM’S MEETING WITH REPRESENTATIVES FROM THE 18 RELEVANT GOVERNMENT AGENCIES

II SUHAKAM’S DIALOGUE WITH INDIGENOUS COMMUNITY LEADERS 30

III MEETING WITH REPRESENTATIVES FROM NGOS AND OTHER 35 CONCERNED GROUPS AND INDIVIDUALS

PART C: ANNEXURES

ANNEXURE 1 SARAWAK HYDROPOWER DEVELOPMENT 41 FEEDBACK FROM THE SARAWAK ENERGY BOARD

ANNEXURE 2 SUBMISSION BY THE PENAN COMMUNITY LEADERS TO SUHAKAM 51

ANNEXURE 3 UNITED NATION’S DECLARATION ON THE RIGHTS OF INDIGENOUS 55 PEOPLES

ANNEXURE 4 NEWSPAPER REPORTS/ARTICLES MASING SNIPES AT DAM CRITICS 69

Book.indd 1 7/17/2009 11:26:36 AM Book.indd 2 7/17/2009 11:26:36 AM Book.indd 1 It seems that there is a shortfall in the extent of free, prior and informed consultation with its ForuminNaning,Guangxi, PeoplesRepublicofChinainOctober2007. came aboutonlyviatheChina-ASEAN PowerCooperation&DevelopmentWebsite after the resettlementofinternally displacedcommunities.Publicawarenessof theproject the localcommunities. A specialunithasrecentlybeen set uptolookintoissuesrelated The government has through the resident office and other agencies met with members of finalization. awaiting and made been EIAhas relevant study The 1994. as early as back grid. PlanningoftheMHPthe nationalpower the state aswell to supply dam goes part ofthegovernmenteffort togeneraterenewableenergyensureadequate energy The MurumHydroelectricDamProjectliketheBakun andotherdamsbeingproposedis Free, fairandinformedpriorconsultation this investigation. The followinginformationontherelevantissueswas obtainedfrompartiesengagedin NGOs andotherconcernedgroupsindividuals. Government agencies, indigenous community leaders from affected villages,aswell series ofmeetingswithrepresentativesfromtherelevantFederalandSarawakState environmental groups,theHumanRightsCommissionofMalaysia(SUHAKAM)helda and society civil communities, local the by expressed concerns the address to order In gases detrimentaltolocalaswellglobaleco-system. associated with the flooding of vast areas of forest would lead to the accumulation of toxic across vastareaofinternationalwaterwasalsoraised. The riskstotheenvironment and nationalneeds. The potentialriskoftransmittingelectricityviaunderwatercables Bakun hydroelectricdamwouldgeneratemorethanadequateenergytomeetthestate The rationaleoftheneedtoconstructanotherdamwasquestioned. They feltthatthe Concerns werealsoraisedbynon-governmentalorganisationsandenvironmentalgroups. to supplementtheirlivelihood. in termsofhousing,facilitiesandavailablelandforfarmingcommunalforestareas being forcedtobere-settledtheywanthavepriorconsultation,adequatecompensation of thecommunityisagainstdamandprospectbeingresettled.Inevent While acknowledgingtheinevitabilityofconstructiondam,generalsentiment communities. their to development significant any brought not has government the that would bedispossessedfromtheirnativelandwhichismainsourcelivelihoodand which erroneouslystatedthattheirvillageswereonlyrecentlyestablished. They feltthey with theBakunHydroelectricProject.ReferencewasalsomadetoapreviousEIA report adjustment problemstothosewhowereresettledatthe Asap resettlementassociated The communityleadersoftheaboveaffected villagesareafraidthattheywouldfacesimilar Long Wat, LongMalim,JaikandPeran. Dam. They arethesettlements inLongSingu, Tangau, LongLuar, LongMenapah, A totalof8Penanvillageswouldbeaffected bytheconstructionofMurumhydroelectric or affected bytheconstruction ofthehydroelectricdam. social andculturalrightsoftheindigenouscommunitieswhowouldbeinternallydisplaced Project (MHP)inSarawakhasraisedconcernsoveritsimpacttowardstheeconomic, The SarawakStateGovernment’s recentdecisiontoimplementtheMurumHydroelectric EXECUTIVE SUMMARY I Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:36 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 2

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia activities. They are at a risk of regressing into abject poverty unless special affirmative special unless poverty abject into regressing of risk a at are They activities. based communities areincreasingly threatened byloggingand estatedevelopment document.identification forest personal These without are amenities. majority great The and remotehabitation. They havebeenwithoutproper accessroad,basicservicesand construction of the dam are marginalized communities. This is partly due to their scattered The affected Penancommunitieswhowillbeinternally displacedoraffected bythe Fiduciary DutyoftheGovernment communities displacedbytheMurumdamconstruction. at Asap resultingfromtheBakundamconstructionshouldnotberepeatedwith groups displaced community.internally the the engage by to experienced unit Problems There isaneedformoreinformedandinclusiveconsultation bythisnewlyestablished and infrastructure. is beingworkedout. The resettlementareawillbeprovidedwiththenecessary facilities studied tomeettheneedofdisplacedcommunities. The compensation mechanism of engagingthecommunitieswhowillberesettled. The proposedareasarebeing process ongoing Department tohandlethe the ChiefMinister’s unit in There isaspecial adequate landforcultivationandadjoiningforesttosupplementtheirlivelihood. They wereworriedoftheirabilitytocopewithchangeiftheynotprovided Government towhich they havetocomply. They felt thatthey have no say inthisprocess. The communityleadersfeltthattheseconsultationswereinfactdirectivesbythe Issues onResettlement and affected communities. This canleadtononcompensationandunderfortheinternallydisplaced land whichtheyhavetraditionallylivedwithinforgenerations. presently doesnotprovideprovisionsforthePenancommunitytoestablishownershipof have resettledhasnotbeenresolved. The SarawakLandCode1958asitstands The Penancommunityrighttoestablishingnativecustomaryrightslandwherethey their of loss the to ancestral land. lead will dam the that concern expressed leaders community The Issues onNativeLand finalization ofanEIA study. Civilsocietygroupsdonothaveaccesstothe report. the without out contracted been has project mega a on work that paradoxical seems It not putupthereportforpublicscrutiny. Natural ResourcesandEnvironmentBoardistheleadagencyinvolved. The boarddoes the possibility of conflict in interest leading to inaccurate and uninformed report. The state is understood that the consultant report is reviewed by a special board so as to minimize It finalized. been not has it as EIAreport current the to access no has commission The Environmental Impact Assessment (EIA)Report their relevantviewsontheproposedprojectbeforeitsimplementation. the affected communities. Neitherwerecivilsocietyandenvironmentalgroupsinvitedfor II 7/17/2009 11:26:36 AM Book.indd 3 that are carried out or beingplannedmustbebroad based. that arecarried out All views, inclusiveofobjections The stateparty musttakestepstoensure theconsultationsatallstages ofimplementation Ensure RighttoParticipation informed. implementation.final Civil societyaccesstosuch materialshouldbeenhancedtoensureitisfree, fairand the till planning the from dam the on information to access have The Governmentmustensurethattheinternallydisplaced andotheraffected communities Ensure Access toInformation to. and legalstatusorofmonetarycompensationother appropriateredress”isreferred compensation shall take the form of lands, territories and resources equal in quality, size contained inUDRIP;“unlessotherwisefreelyagreed uponbythepeoplesconcerned, other forms,suchasland,areprovidedadequately andjustlytotheaffected families. As SUHAKAM urgestheGovernmenttoensurethatcompensation,whethermonetaryorin Ensure Adequate andJustCompensation its inclusiveness. It isprudentthattheEIA reportbemadeavailabletocivilsocietygroupssoasensure representative ofallstakeholders. SUHAKAM furtherrecommendsthatthecommitteeinvolvedinreviewingEIA mustbe the in involved consultants independent preparation oftheEIAstoensureafairandaccuratereport. of importance the emphasizes SUHAKAM Ensure transparencyandaccuracyoftheEIA that theinternallydisplacedcommunities’ rightsarenotinfringedupon. Interpretations of the existing land code must be in line with these commitments to ensure the implementationofconstructionMurumdam. expressed in the UDHR, UNDRIP and Part II of the Federal constitution are adhered to in The Governmentisremindedofitsobligationtoensurethathumanrightsprinciplesas Ensure compliancetointernationalhumanrightslawsandstandards Based onitsobservations,SUHAKAMmakesthefollowingrecommendations: such by developments. indirectly or directly benefit to able to able be should they that and minimized the of duty the state partythatanyburdenplacedontheinternallydisplacedcommunitiesshouldbe also is It citizen. its of rights the on infringe not do developments such power,in thiscasetheharnessingofhydro-electric the heavyresponsibilitythat it bears resources, nation the exploit to right Government’s the of cognizant is SUHAKAM While SUHAKAM’S RECOMMENDATIONS various Malaysiandevelopmentplansdonotappeartoreachthem. programs are designed andimplemented urgently. Povertyeradicationprogramsof the III Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:36 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia place. compensation mechanismsinclusiveoftheirrighttocustomarylandmustbein informed andfairconsultationwiththeaffected Penancommunities.Fairandappropriate the anticipatedadjustmentchallengesintheirnewenvironmenttheremustbefree, protection andpromotionofbasichumanrightsthesemarginalisedgroup. To mitigate of anygovernment.However, thisshouldbedonewithprudenceanddueregardtothe SUHAKAM recognizes that harnessing the country’s natural resources is within the right from poverty. There aregenuineandpressinghumanrightsissuesaffecting them. the Murumdam,likemajorityofforestbasedcommunitiesinSarawakstillsuffer The Penancommunitiestobeinternallydisplacedoraffected bytheconstructionof CONCLUSION Safety netsystemsmustmeinplacetomitigateanyadjustmentdifficulties. opportunities toearntheirliving. community mustbecentralinthissystem. They mustbeadequateandappropriate to facilitatetheirabilitycopewithnewenvironment.Capacitybuildingofthe The statepartymusttakestepstoensurethecommunitieshaveasupportsystem piped water, electricity, schoolsandclinics-beforevillagersarerelocated. with accesstothenecessaryamenitiesandfacilities-including,amongothers,clean SUHAKAM urgestheGovernmenttoensurethatresettlementareasarecompleteand Resettlement Ensure Availability and Accessibility ofPublic Amenities andFacilitiesbefore must begivenfairanddueconsideration. IV 7/17/2009 11:26:36 AM Suruhanjaya Hak Asasi Manusia Malaysia Human Rights Commission Of Malaysia

PART A: SUHAKAM’S REPORT

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Pejabat Daerah Belaga,StatePlanning Unit,andSarawakEnergy Berhad.SUHAKAM’s Tatau. Also at thedialoguewererepresentativesfromPejabat DaerahKecil Asap, Long Bangan, Liko, UmaLasah, Uma Kejaman, Sungai Arip, Sungai Asap, and Long Peran,Luar, LongWat, Long Tangau, Long Singu,LongMalim,Menapa, Those whoattendedthedialogue weretheheadmenandrepresentativesfrom LongJaik, views, concernsandrecommendationswithregards totheissueinquestion. The objectiveofthemeetingwastoprovideanarena forparticipantstohighlighttheir held on13September2008inBintulu,Sarawak. SUHAKAM’s dialoguewiththeindigenouscommunityleadersfromaffected villageswas Dialogue withindigenouscommunityleadersfromaffected villages Planning Unit. and theSarawakEnergyBerhad. Also presentwastherepresentativefromEconomic Unit; NaturalResourcesandEnvironmentBoard;Land andSurveyDepartment,Sarawak; Resource PlanningandDevelopment;MinistryofPublicUtilities;SarawakState Participants fromtheSarawakStategovernmentagencieswereMinistryof issues thathavearisenandcouldpotentiallyarisewiththedam’s construction. rights human identify to and MHP the of background the understand to aim specific the agencies washeldon25 August 2008inKuching,Sarawak. The meetingwasheldwith The MeetingwithrepresentativesfromtherelevantFederalandStategovernment Meeting withrepresentativesfromrelevantgovernmentagencies of theMHP towardstheireconomic,socialandculturalrights. MHP anditsrationaletheconcernsofindigenouscommunitiesonpotentialeffects The overallobjectiveoftheseriesmeetingswastoascertainbackground SUHAKAM’S MEETINGSwITHSTAKEHOLDERS and othergroupsindividuals. Federal andStategovernmentagencies,indigenouscommunityleadersaswellNGOs the from representatives with meeting of series a organised Office, Sarawak SUHAKAM Economic, SocialandCulturalRightsWorking Group(ECOSOCWG)togetherwith Equally concerned,theHumanRightsCommissionofMalaysia(SUHAKAM),viaits whose liveswouldbedirectlyaffected bytheconstructionofproposeddam. rights, inparticular, theeconomic,social andculturalrightsofindigenouscommunities Hydroelectric Project(MHP)hadbroughtaboutconcernsoveritseffects towardshuman The recentfuroreovertheGovernmentofSarawak’s plantoproceedwiththeMurum dams. magnitude ofimpactsinvolve40-80millionpeoplewhoaredisplacedbythebuilding waters. According totheWorld CommissiononDams(WCD),globalestimatesofthe among others,therelocationofpeoplewhohavebeenorwillbedisplacedbyrising amount ofcleanhydroelectricpowerandnavigation,therearealsoconcernsabout, enormous control, flood as such benefits economic potential many are there Although in particular, theirimpacttowardsnotonly theenvironmentbutalsotowardssociety. INTRODUCTION The developmentoflargedamsraisesmajorconcernsatnationalandinternationallevels, I. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 2 7/17/2009 11:26:36 AM Book.indd 3 2020 while Table 1shows thecurrentstatusofthoseprojects. Map 1plotstheHydropowerProjectsinSarawakto beimplementedbetween2008and 2012 andcommissionedthefollowingyear. late in completion for due and 2008 in begin to expected is Dam the of construction The by theGovernmentofSarawaktoChina Three GorgesProjectCorporation(CTGPC). The plantoconstructtheMHP wasdonein1985andconstructionrecentlyleasedout The MurumHydroelectricDam planned bytheSarawakStateGovernmentforconstructioninfuture. as theMurumHydroelectricProject(MHP). The MHP isoneofthe10damsthatwere dam known another mega is embarkingon Government ofSarawakatpresent State The compensation aswelladequatehousing,andthusimplicatestheirhumanrights. concerns overthecommunities’ participationindecisionmakingandinformedconsent, displaced andhadlosttheirnativelandsmainsourceoflivelihood.Italsoraised been have to said were who peoples indigenous the towards particularly benefits, and that receivedthemajorcriticismsfromnationalandinternationalbodiesontheircosts The BakunHydroelectricProject(BHP),soontobelargestdaminMalaysia,isone (Perak); Tenom PangiDam(Sabah)andtheBakunHydroelectricProject(Sarawak). Water Works (Selangor;SultanMahmudPowerStation(Terengganu); Temenggor Dam (Perak); KlangGatesDam(KualaLumpursuburb),Pergau(Kelantan);Selangor They includetheBatang Ai Dam(Sarawak);Batu(Selangor);CenderohPowerStation In Malaysia,therearecurrently10damswhicheitherinoperationorunderconstruction. BACKGROUNDONTHEMURUMHYDROELECTRICPROJECT II. Services andUniversityPutraMalaysia. Malaysia, Sahabat Alam Malaysia,Consumers Association ofPenang,EnvironConsulting Participating werethosefromCentreforEnvironment, Technology and Development, recommendations withregardstotheissue. 2008 inKualaLumpur. The meetingwasheldtoobtaintheirperspectives,concernsand A meetingwiththerepresentativesfromNGOs andothergroupswasheldon20October Meeting withrepresentativesfromNGOsandothergroups researcher, independent an Jin, Kay Khoo Mr. and Mr. JaylLangubfromUNIMAS. were present were who persons Resource 3 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:36 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 4

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Source: SarawakEnergy Berhad –Referto Annexure 1,page45. Planned Hydropower Projects (2008–2020) MAP 1:HYDROPOwER PROJECTSINSARAwAK 2008-2020

Lawas (105MW)

Belepeh (110MW) Total Capacity: Tutoh Limbang Bakun (2400MW) (110MW) (200MW) 7000MW under construction

4 Metjawah (101MW) Baram Belaga (800MW) (180MW) Murum Baleh (944MW) (1300MW)

Ulu Air Linau (54MW) (320MW) Batang Ai Extension (80MW) 7/17/2009 11:26:37 AM Book.indd 5 3. by theMHP, wouldreceive thesamefateasthoseaffected bytheBHP. organisations whowereconcernedthatindigenous communitieswhowouldbeaffected Similar to theBHP, theMHP hasattractedcriticismsfromNGOsandcommunitybased of twoproposedaluminiumsmelterplantsinBintuluoverthenextthreeyears. will betransmittedtoPeninsularMalaysia.Further, theMHP wouldenablethesettingup reported tohavesaidthattheMHP willmakeupfortheenergyfromBakundamwhich of energy.900MW generate Additionally, theChiefMinisterofSarawak, would TanMHP Sri Abdul Taibthe 2007, Mahmudwas October in China Guangxi, in held Forum, Sarawak EnergyBerhad,duringtheChina-ASEANPowerCooperation&Development According to Tan Sri Datuk Amar Abdul Aziz Husain, the Group Managing Director of the Note: The projectmarkedwith(*)willbereplacedotherprojects.

Linau Belepeh Tutoh Belaga Metjawah* Lawas Limbang Baleh Baram Batang Ai Extension* Murum

Ulu Ai Energy_Confidential.pdf http://www.bmf.ch/files/news/Sarawak_Websiteat Fonds Manser Bruno 5 also project, See 2008. August build theMurumDam,4 August 2008; The Star Online onChina Three GorgesawardedRM3bMurum dam to firm Chinese on Online Post Borneo The 2008; June 28 bidders, 14 attracts project dam hydro Murum April 2007; on Sarawaktocall tendersforMurumdam,8May2008; The StarOnline The StarOnlineon Source: The Star Online onCM: Sarawak needsMurumhydroprojectforindustries,1 energy-intensive Project Source: SarawakEnergyBerhad–Referto Annexure 1,page43. TABLE 1:STATUS OFTHE12PROJECTS(AS24 APRIL 2009)

Installed Capacity 1,300 (MW) 320 140 180 101 105 200 800 944 110 54 80

5 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia Basin study Basin study Basin study Tender designcompleted Feasibility study Not feasible Feasibility study Feasibility studycompleted Feasibility study Decided nottoproceed Start ofconstruction Feasibility study Status 3

7/17/2009 11:26:37 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK would beplacedwithininternationalwater. Malaysia viaunderwatercablewasseenashigh in termsofrisk,likesabotage,asit It wasalsocontendedthattheplantotransmit energy fromSarawaktoPeninsular the floodingofalargerareathenwhatwasplanned. state the of process planning government wasseenaspoorsomuchthateven theBakunprojecthadresultedin the light, this In implemented. were both when puzzled It wassaidthattheMHP wassupposedtobeanalternativeBakun,but somewere of theMHP giventhattherewouldbeenergysurplusgeneratedfromtheBakun project. There wereconcernsraisedontherationaleofGovernment onthefutureconstruction their villageswouldbefloodedasaresultoftheconstructiondam. objected totheauthority’s proposalfortheirresettlement,andalsoacknowledgingthat education, healthcare,registrationandothervitalpublicservices.Consequently, many In addition,SUHAKAM’s attentionwasalsodrawntoissuespertainingaccess such projects,thecommunitieswouldbelefttofindtheirownway. proposal fordevelopmentprojectsonlandbeinginhabitedbythecommunities.Without a have they when plight existing their into look only would authorities the that felt Some communities feltthattheywerebetteroff intheircurrentlocations. sustenance aswellbeingleftwithoutproperassistancetocopewithchange. The development butendedupbeingdeprivedoftheirlandandlostmainsource promised were they which in experience previous their on based were concerns Their the indigenouscommunitiesresidingwithinandonfringesofrelevantsite. The plantoproceedwiththeconstructionofMHP hadtriggeredconcernsamongst several issueswereapparent. from therelevantgovernmentagenciesaswellNGOsandothergroupsindividuals, Based ontherespectivemeetingswithindigenouscommunityleaders,representatives ISSUES III. Forest (LPF)/0018. activities bytheShin Yang ForestrySdn.Bhd.whowasawarded theLicenceforPlanted by SUHAKAM,theywereamongstthecommunitieswhomaffected byplantation Ulu Belaga:RighttoLandandSocio-EconomicDevelopment’.Inthispreviousresearch the samecommunitieswhowerefocusedbySUHAKAMinitspreviousstudyon‘Penan SUHAKAM notesthatalltheabovevillagesconsistofPenancommunity. These were wat, LongMalim,Jaik affected.include They August 2008,SUHAKAMwasinformedthat8indigenouscommunityvillageswouldbe Based onthemeetingwithrepresentativesfromrelevantgovernmentagencies25 COMMUNITIES AFFECTED BY THEMHP Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Long Singu,Tangau, LongLuar, LongMenapah, andLongPeran. 6 7/17/2009 11:26:37 AM Book.indd 7 Rights ofIndigenousPeoples rights andinternationalhumanstandardslaws,suchastheDeclarationon indigenous peoplesinSarawak. These areviewedwithdueconsiderationtohuman leaders aswellfromobservationsmadeduringpreviousstudiesthatfocusonthe and NGOsothergroupsindividuals,itsdialoguewithindigenouscommunity via therespectivemeetingswithrepresentativesfromrelevantgovernmentagencies SUHAKAM’s observations andrecommendationsaremadebasedoninformationobtained IV. 5. 4. It hastobenotedthat,inadditiontheparticipation ofthemainstreamsociety, the projects wereimplemented. opportunity forparticipationwaslaterprovedasmerely perceivedopportunitywhenboth be relocatedwaslessercomparedwiththeimpactof thelatterproject.Nonetheless,this upon sincetheprojectedimpactstowardsenvironment andnumberofcommunityto but onlyasthealternativetoBakunHydroelectric Project. The former wasagreed Additionally, SUHAKAMwasmadetounderstandthatNGOshadagreedtheMHP, decision makingprocess. participation wasonlyatthebeginningstageandnotthroughout,whichincludes in Sarawakwhichwasdonetheearly1990s.Onotherhand,itappearsthatthis organisations werepartoftheplanningprocessnumeroushydroelectricprojects SUHAKAM acknowledgesandcommendsthefactthatNGOscommunity-based move parallelwiththerighttoinformation. The rightstoparticipationandfreeinformedconsentarefundamentalaspects have givenopportunityforthepublictoproposetheirparticipationinprocess. feels thathadtheaboveinformationbeenmadepubliclyavailablefrom1994,thiswould the whereas 2007, October 29 - 28 information andplanfortheMHP on hadbeenwiththeGovernmentsince1994.SUHAKAM China PR Guangxi, Nanning, in held Forum became publiclyavailableaftertheChina-ASEANPowerCooperation&Development Power Cooperation&DevelopmentWebsite, this,however, wasonlyuploadedand While SUHAKAMnotesthatinformationontheMHP isavailableontheChina-ASEAN governmental organisations.WithrespecttotheMHP, thesameissuewashighlighted. of SUHAKAM’s dialogueswithcommunitiesaswellcommunity-basedandnon- Access andrighttoinformationappearsbearepetitiveissuehighlightedinmany Access toInformationandParticipation Concerns overtheMurumHydroelectricProject SUHAKAM’S OBSERVATIONS SUHAKAM’SOBSERVATIONS AND RECOMMENDATIONS and IndividualsontheBakunProject, onpage50,PartIIofthisReport. groups from NGOsandotherconcerned with representatives of theMeeting session See thediscussion Georgia, Kenya,Nigeria,Russian Federation,Samoa,Ukraine). Zealand and the United States), with 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, New Canada, (Australia, 4against Malaysia), in favourto(including 143 on 13September2007,following at its61stGeneral bytheUN adopted was Peoples of Indigenous the Rights on Declaration The Assembly 5

4 andothers.

7 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:37 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Office which documented the date of appointment of Penan Headmen andtheir Headmen Penan of ofappointment date the documented which Office District Belaga the from data obtainable easily find to surprised was SUHAKAM Later, in theEIA flaw a glaring was findings SUHAKAM’s of one brief, In mission. the on based findings its on report a later, with and up 2006, came late in mission finding fact a on out set had lodged toSUHAKAMbytwoPenanheadmenwhosevillageswereaffected, SUHAKAM under LPF/0018,wasawardedtotheShin Yang ForestrySdn.Bhd.Followingcomplaints oil palmplantationwhichresultedintheinfringementofvillagers’ rights. The licence EIA the in the flaws for glaring found SUHAKAM 2059. November 18 to 1999 November plantation undertheLicenceforPlantedForest(LPF)/0018whichcommencedfrom19 which wouldbeaffected bytheMHP, werethesamevillagesaffected bytheoilpalm Nonetheless, SUHAKAMnotesthat7outofthe8villagesnamedbyStateasthose the EIA ontheMHP. be receivedbySUHAKAM. Therefore, SUHAKAMwouldnotspeculateonthecontentof MHP.However,the atthetimeofthisreport,EIA wasstillbeingreviewedandacopyhasyetto of impact social and environmental possible the examine would which (EIA) SUHAKAM hadrequestedforacopyoftherelevantEnvironmentalImpact Assessment Concerns overtheEIA while havebeennoted,appearedtobediscounted. expectations, and concerns views, Their process. whole the in participants active than affectedin thearea Government’sreceivers ofthe weremere developmentplansrather Despite theirrightsbeingguaranteedinprinciple,itappearedthatthePenancommunities safeguarded. their legitimateinterestsareproperlyarticulatedandhumanrights that ensure that theindigenouspeoplesshouldbeinvolvedthroughoutplanningprocessto considers SUHAKAM expression. and speech of freedom the citizen every of right the rights. Additionally, PartII,Section10(1a)oftheFederalConstitutionMalaysia gives indigenous peoplestoparticipateindecisionmakingmattersthatwouldaffect their (DRIP), namelyarticles5,18,27and41. Article 18inparticular, enshrinestherightof is repeatedinanumberofarticlestheDeclarationonRightsIndigenousPeoples importance oftheparticipationindigenouspeoplesinsuchprocessesisapparentasthis Yang ForestPlantation’s reportonsocialimpactindicateduncertainties. that itdidnotprovideanyevidencetosupportitsclaim.Incontrast,theEIA fortheShin met bySUHAKAM,disputedtheEIA claim.SUHAKAM,uponreviewingtheEIA,found the siteandthattherewasnolegalclaimofNCRwithinland. The Communities,when Yang ForestPlantationstatedthattherewasnopermanentlocalsettlementsfoundwithin existence of local villages within the licenced area. More specifically, the EIA for the Shin . Paragraph2ofitem2.2 IChapter2ofthesaidEIA reportstatesthefollowing: 7. 6. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia However,to the moved to have believed are the people and abandoned is atpresent thislonghouse Asap roads. activitiesandthelogging of thelogging built takingadvantage which wasprobably of Sg.Belepeh nomadic Punanarelonggone. There is a (about15doors)downstream recent illegalKenyahlonghouse the licencedarea.Someremnants ofasmallPunansettlementareseennearlowerSg.Jaik, but this of ‘temuda’. These ‘temuda’ to believed be left by logging workersduringtheiroperationwithin Evidence of roads givingriseto previous shiftingcultivationcouldbeseenalongtheloggingpatches and SungaiMurum,Belaga,Kapit. This referstotheEIAShin ReportfortheProposed YangBatang Belaga Located between ForestPlantation 6

for theLPF/0018(EIAShin forthe Yangin particular, ForestPlantation), the 8 7

7/17/2009 11:26:37 AM Book.indd 9 way of disqualifying the firm from the registered list of consultants for the government. the for consultants of list registered the from firm the disqualifying of way by firm Consultant the towards action taken had Government the finding, SUHAKAM’s With respecttotheEIA onShin Yang ForestPlantation,SUHAKAMnotesthatbasedon was alsoanemployeeofShin Yang. MHP, SUHAKAMwasinformedthatoneoftheconsultantswhoprepared thesaidEIA during themeetingwithrepresentativesfromrelevantagenciestodiscusson by thePenanandsimultaneouslynegatedclaimmadeinsaidEIA. jurisdictions aswellnationalandinternationalresearcheswhichsupportedtheclaims the Sungai Asap Resettlement. This becameoneofthefactorsforsometoreturn at ‘foreign’ environment very the with adapt to difficulty found Penan the sustenance, of high dependenceontheirforestlandforproduceandwildgameasmainsource Compounded bytheirverylimitedknowledgeofpermanentcultivationaswell far awayfromtheSungai Asap Resettlement. be unsuitableforcultivationassomewereswampsandrubbles.Someotherstoo with 3acresoflandforeachentitledfamilies. Those landswere,however, laterfoundto Sungai Asap resettlement,SUHAKAMwasinformedthattheywereonlycompensated of the the case Bakun Dam.In the following theconstructionof Asap Resettlement Sungai the to relocated were they after experience previous their shared participants of were to relocate, and would be given unfair compensation in return. A significant number Once bittentwiceshy, thecommunitiesfeltthattheywouldlosemoreoftheirlandif current location. inadequate compensationasoneofthemainreasonsthattheyrefusetoleavetheir communities inSarawak. Those whoweremetbySUHAKAMduringitsdialoguecited Compensation remainsanotherissueofcontentionformanytheindigenous Compensation for Acquisition ofLand Issue onNativeLand nation’s development. apprehensive iftherightsofthesecommunitieswere,again,ignoredinname equally is SUHAKAM above, Plantation Forest Yang Shin on EIA flawed the following In additiontoitsconcernoverthedelayincompensatingvillagersfortheirloss villagers fortheirlossresultingfromtheflawedEIA. On theotherhand,thereappeartobenomeasuretakenrestituteorcompensate 9. See explanation by the representative from NREB on the EIA on Shin Yang Forest Plantation during the during Plantation YangForest Shin on EIA the on NREB from representative the by explanation See 9. 8. Part IIofthisreport. on 25 agencies session oftheMeetingwithrelevantgovernment discussion August 2008,onpage37, Land andSocio-EconomicDevelopment,2007. The Reportisavailableatwww.suhakam.org.my his conducted who Brosius Peter J. Dr. Prof. and research onthePenanin1980s. PleaseseeSUHAKAM’s Report onPenaninUluBelaga:Rightto 1955 in Expedition Oxford the as known expedition Mr. byGuy like thoseconducted researches KhooKayJinaswellinternational Arnold basedonhis by local researcherslikeMr. bysubmissions was proved andsupported conducted and JaylLangub the surveyforEIAduring at theircurrentlocations that theywerealready claims The Penan was land. No permanentlocalsettlementsarefoundwithinthesite. There isnolegalclaimofNCRland withinthe Resettlement. 9 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 8 Inaddition, 9 7/17/2009 11:26:37 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 10

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK sanction ofthelawforthemtohaveeffect as‘customarylaw’, While theSarawak Attorney-General’s Chambersaysthatnativecustomsmusthave when land traditionally ownedbythePenanwereremovedfromthem. to ownership establishing of methods the SarawakLandCode1958wasenacted. As aresult,vastacresoflandthatwere lawful as excluded were customs Despite beinghistoricallyrecognisedandprotected,thesetraditionalpractices governments ofSarawak. well aslandtitlesemergingfromthem,wererecognisedandprotectedbythevarious documentary evidence.Whileso,throughoutitshistory, thesepracticesandcustomsas remain withtheirtraditionalpracticesandcustomstoestablishownershiplandwithout Unlike thosewhohavedocumentedortitledland,manyofthePenancommunities Claim onUndocumentedNativeLand monetary compensationorotherappropriateredress. of or status legal and quality,size in equal resources and territories lands, of form the unless otherwisefreely agreed uponbythepeoplesconcerned, compensation shalltake or damagedwithouttheirfree,priorandinformedconsent. The articlefurtherstatesthat used occupied, have beenconfiscated,taken, which used, and or occupied or otherwise compensation, forthelands,territoriesandresourceswhichtheyhavetraditionallyowned means thatcanincluderestitutionor, when thisisnotpossible,just,fairandequitable 28 oftheDRIP statesthat theindigenouspeopleshaverighttoredress,by who wouldbeaffected by theMHP. At thisjuncture,SUHAKAMemphasisesthatarticle Indeed SUHAKAMviewswithconcernifthesamefateshouldbefalluponcommunities forest. 11. 10. 2. 1. Article 26 Article 19 Declaration ontheRightsofIndigenousPeoples: following: Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia

create rightstolandandthisisevident bytheprovisionsSection5(1)ofLandCode….” can which of Sarawak, are partofthecustomarylaw of thosecustomswhich Itisonly to rightsoverland. sanction of the law”…..”Thus, in relation to land, the practice of native custom does not necessarily giverise and infactdohavemanycustoms butthesecostumestohaveeffect as“customarylaw”theymusthave Attorney General’s Chamber,may have of Sarawak “The natives said to SUHAKAM its presentation in During the Majlis DialogbersamaSUHAKAMwhichwasheldon 13 December2001,the then Sarawak Malaysia in1963.SeeSUHAKAM’s reportonLegalPerspectivesNCLRinSarawak,2008. Sarawak’sof theBritishCrown,and upon the reign until 1946,throughout 1841 of entryintotheFederation from the ruleofthreeRajahs from thetimeofSultanBrunei, during include governments These acquired. other traditionaloccupationoruse,aswellthose whichtheyhaveotherwise territories andresourcesthattheypossessbyreason oftraditionalownershipor Indigenous peopleshavetherighttoown,use,develop andcontrolthelands, have traditionallyowned,occupiedorotherwiseusedacquired. Indigenous peopleshavetherighttolands,territoriesandresourceswhichthey administrative measuresthatmayaffect them. free, priorandinformedconsentbeforeadoptingimplementinglegislativeor concerned throughtheirownrepresentativeinstitutionsinordertoobtain States shallconsultandcooperateingoodfaithwiththeindigenouspeoples 10

10 11 theDRIP establishesthe 7/17/2009 11:26:37 AM Book.indd 11 Article 27 3. 2 It should also be noted that the Oxford Dictionary of law 2002, defines ‘customary rights’ as ‘a practice that 12. In thisrespect,itwas,again,apparenttoSUHAKAM thattheCommunitiesweremere identified andapprovedbytheGovernment. communities. The onlychoicegiventothemwasfortheirresettlementanother area to informthecommunitiesofGovernment’s decisionanditsimpacttowards those the ‘consultations’ werecarriedoutbytheGovernmentwasonlyused asamechanism Instead ofgivingoptionstotheIndigenouscommunities onwhetherornottoberesettled, without theirconsent. alternative iftheyare,byanyreasonwhatsoever, forcedtovacatetheircurrentvillages their relocation,SUHAKAMwasinformedbythecommunityleadersthatthisonlyan MHP. the for of site result alternative a an as highlighted flooded communities the While would stayintheirpresentlocationsdespitebeinginformedthatvillagesbe they that SUHAKAM to indicated clearly had some that extent the to relocation, of idea community leadersfromtheaffected villages,itwasclearthattheywereresistanttothe choice iftheyweretoberelocated.However, whenSUHAKAMmetwiththeIndigenous for desire their was informed,inapositivemanner, thatthecommunitieshadhighlightedsiteoftheir expressed villagers affected the development andforthegovernmenttoimprovetheirlivelihood.Further, SUHAKAM from representatives that agency It shouldthereforebenotedthatSUHAKAMwasinformedbytherelevantgovernment affected. their landsandterritories,isobtainingthefreeinformedconsentofCommunities the Government,suchasMHP, thatrequirestheremovalofindigenouspeoplesfrom An importanthumanrightsprinciplethatshouldgoalongwithdevelopmentprojectsby Free andInformedConsentforResettlement Issues onResettlement been followedcontinuouslyandas ifitwerearight,sincethebeginningoflegalmemory’. of that locality. In order to be recognized as customary law it must be reasonable in nature and it must have as partofthelaw that itistobeaccepted in suchcircumstances locality inaparticular has beenfollowed of theformer. basis of state laws rather than the latter becoming the basis for the extinguishment which have existed before the Sarawak Land Code 1958, should therefore, form the DRIP the to affirms SUHAKAM customs, Therefore, these that acknowledges and participate inthisprocess. owned orotherwiseoccupiedused.Indigenouspeoplesshallhavetherightto to theirlands,territoriesandresources,includingthosewhichweretraditionally pertaining peoples indigenous of rights the adjudicate and recognize to systems, due recognitiontoindigenouspeoples’ laws,traditions,customsandlandtenure concerned, afair, independent,impartial, openandtransparentprocess,giving States shallestablishandimplement,inconjunctionwithindigenouspeoples traditions andlandtenuresystemsoftheindigenouspeoplesconcerned. resources. Suchrecognitionshallbeconductedwithduerespecttothecustoms, States shallgivelegalrecognitionandprotectiontotheselands,territories 12 11 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:37 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 12

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK informed that thiswasacommonproblem fortherelocatedfamilies. were cutoff. DuringitsvisittotheSungai Asap Resettlement in2006,SUHAKAMwas supplies, amongothers.However, mostcouldnotafford this,andasaresult,supplies charged tothemintheform ofmonthlybills,suchaschargesforelectricity andwater incurred bytheGovernment, andsomeofwhich,hastobepaidbyvillagers whichare In providingtheabovein resettlementareas,SUHAKAMrealisesthatcost isindeed through theirowninstitutions. programmes affecting themand,asfarpossible,toadministersuch programmes involved indevelopinganddetermininghealth,housing andothereconomicsocial their righttodevelopment.Inparticular, indigenouspeopleshavetherighttobeactively exercising for strategies and priorities develop and determine to right the have peoples their resettlement. This isinlinewitharticle23oftheDRIP whichstatesthatIndigenous and thebestmechanismtoascertainthisisthrough theirparticipationintheprocessof new andforeignenvironment,theGovernmentmust ascertainthecommunities’ needs, Therefore, inordertoensurethatsuchcommunities as thePenan,areabletoadapttheir life inordertomaintaintheirsustenanceandlivelihood. are withoutthenecessaryknowledgetoleadmainstreamormoreadvancedwayof limited contactwiththemainstreamormoreadvancedsocietyinSarawak,andtherefore, of lifewhichhadbeencontinuallypractisedbutintheforestisolations. They havevery the communities. The Penanforinstance,hasauniqueeconomic,socialandculturalway development plansareformulatedbasedontheeconomic,socialandculturalneedsof communities inanygovernmentplansfortheirdevelopment. This couldensurethat SUHAKAM reiteratestheimportanceofensuringparticipationaffected local dispossessed fromtheirnativelands. benefiting, resettlement would further lead to their marginalisation and that they would be of instead that felt SUHAKAM by met leaders community the experience, this on Based had contributedtothereturnofsomeforest. had furthercompoundedtheirhardship. These were among theprevailingfactorsthat activities generating income other and employment to access limited extremely addition, accessto hadinsufficient They the Resettlement. clean pipedwaterandelectricity, aswellproblemsinaccessinglandforcultivation.In to came first they when problems of thosewhowererelocatedtotheSungai Asap Resettlementwhoconfrontedvarious The Penan community leaders, who were met by SUHAKAM, again cited the experience without denyingthecommunities’ righttoparticipateintheprocess. out withtheirfreeandinformedconsent. After which,resettlementcouldproceedbut SUHAKAM maintainsthattheresettlementofthosecommunitiesshouldonlybecarried after Resettlement Right toDetermineandDevelopPrioritiesStrategiesforDevelopment Assistance of return. and afteragreementonjustfaircompensationand,wherepossible,withtheoption place withoutthefree,priorandinformedconsentofindigenouspeoplesconcerned peoples shallnotbeforciblyremovedfromtheirlandsorterritories.Norelocationtake This is,therefore,notinlinewitharticle10oftheDRIP whichstatesthatIndigenous informed consenttoberesettledissupposedfirstlyobtainedbytheGovernment. receivers ofdevelopmentinitiatives,ratherthanactiveparticipantswhosefreeand Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 12 7/17/2009 11:26:37 AM Book.indd 13 needs. opportunities andassistance,takingintoconsiderationtheireconomic,socialcultural marginalised ordisadvantagedcommunitiessuchasthePenanareprovidedwith the rights of all its citizens. The Government must ensure that, as far possible, all known the nation’s development,thismustbebalancedwiththepromotionandprotectionof SUHAKAM reiteratesthatwhiletheGovernmentholdsrighttoutiliseresourcesfor cognizance of the articles set forth by the Declaration of the Rights of Indigenous Peoples. its voteinsupportoftheDRIP. Therefore, thereistheneedforGovernmenttotake shall beestablished.ItmustnotedthatMalaysiaisamongthecountrieshadcast assistance. technical and Ways andmeansofensuringparticipationindigenouspeoplesonissuesaffecting them cooperation financial of alia, inter mobilization, the through Declaration this of provisions the intergovernmental of realization other full the to and contribute shall system organizations Nations United the of agencies specialized and of peopleareprotected.Similarly, article41oftheDRIP clearlystatesthattheorgans SUHAKAM emphasises that the Government has the fiduciary duty to ensure the interests asked tosacrificewhatevertheyhadinthenameofnation’s development. implemented ontheirland. They saidthattheywouldbecomevictimsandwerefrequently in ensuringthecommunity’s wellbeingwhentherewereGovernmentprojectstobe was apparentwhensomestatedthatthegovernmentonlyappearedtobeinterested Distrust towardstheGovernmentamongstcommunityleadersmetbySUHAKAM Fiduciary DutyoftheGovernment by thefamilies. them topurchasebasichouseholdnecessities. As aresult,utilitybillscouldnotbepaid small scales. These generated veryminimalincomeswhichwerenotevenenoughfor result, incomegeneratingactivitiescouldonlybedonebetweencommunitiesandinvery quite adistantfromtheBelagatownwhereeconomicactivitieswerecarriedout. As a the visittoSungai Asap Resettlement,SUHAKAMfoundthattheresettlementwas communities aregiventheopportunitytoearnaliving.Basedonitsobservationduring provided bytheGovernment,onotherhand,mustensurethat While SUHAKAMacknowledgesthatthepublichastocovercertaincostsofservices 13 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:37 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK and legalstatusorofmonetarycompensationother appropriateredress. compensation shall take the form of lands, territories and resources equal in quality, size set forthbytheDRIP, unlessotherwisefreelyagreeduponbythepeoplesconcerned, other forms,suchasland,isprovidedadequately and justlytotheaffected families. As SUHAKAM urgestheGovernmenttoensurethatcompensation, whethermonetaryorin Ensure Adequate andJustCompensation findings ratherthanassumptions. consultants appointedtopreparetheEIA providefactsandsupportingevidenceonits information intheEIA reportonceitiscompleted. The Governmentmustalsoensurethat SUHAKAM furtherrecommendsthattheGovernmenttakepromptactiontoverify the EIA report. of transparency and objectivity greater ensure to order in appointed are the area, specified in expertise with consultants, independent only that ensure to Government the for With respecttotheEIA,SUHAKAMreiteratesitsrecommendationsthatthereisneed Ensure transparencyandobjectivityoftheEIA SUHAKAM recommendsthataffirmativeactionbeinplacetoassistthePenan. Given theratherbackwardeconomic,social,cultural,civilandpoliticalstatusofPenan, Penans areabletoenjoytheirinherentrightsasthoseenjoyedbythemainstreamsociety. In additiontolandrights,thereisalsotheneedforgovernmentensurethat stewardship toland. 5(2), toensurethatittakesintoconsiderationthecustomsofPenaninownershipand need fortheGovernmenttoamendSarawakLandCode1958,inparticular, Section to nativelandofthePenaninSarawak,SUHAKAMreiteratesitsrecommendationon that couldresultintheinfringementofhumanrights. Therefore, withrespecttotheright local legislationsareinlinewithinternationalstandardsandnotinterpretedways In linewiththeabove,SUHAKAMstronglyrecommendsthatGovernmentensures Peoples, aretranslatedintomeaningfulaction. rights, suchastheprovisionssetforthbyDeclarationonRightsofIndigenous therefore, necessaryfortheGovernmenttoensurethatcommitmentsprotectthose is It protected. are people its of interests the that ensure to duty fiduciary Government’s principles andstandardsareanchoredinalldevelopmentplans. This ispartofthe SUHAKAM stronglyrecommendsthattheGovernmentensureshumanrights Ensure compliancetointernationalhumanrightslawsandstandards Based onitsobservations,SUHAKAMmakesthefollowingrecommendations: SUHAKAM’S RECOMMENDATIONS Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 14 7/17/2009 11:26:37 AM Book.indd 15 Eachaffected familyshouldbecompensatedwithRM500,000. They cultivation. for families affected • the to allocated and provided be must Land • The Government must ensure that basic amenities are readily available before the that and resettled be should they where decide to one • the be should Penan The • of cognizance their proposalswhichwerepresentedtoSUHAKAM. take to Government the for necessary is it Thus, resettlement. their on resettlement. This, however,informed consent preceded bytheirfreeand shouldbestrictly Penan communitybepartof,orattheveryleast,involvedinplanningoftheir With respecttoresettlementofcommunities,SUHAKAMstronglyrecommendsthatthe which thecommunitiesstronglyobjected. construction oftheMHP,the theMHP wouldrequiretheresettlementofaffectedagainst communities not were they that expressed had Communities the that notes SUHAKAM such projects,especiallywhenprojectswouldbeimplementedontheirnativeland.While communities havegiventheirfreeandinformedconsentpriortotheimplementationof In additiontotheirrightbeheard,theGovernmenthasensurethataffected implemented. This formsafundamentalaspectinconsultations. are projects such before cognizance taken are concerns their and heard be to right their projects. Instead,consultationsshouldensurethattheaffected communitiescanenjoy merely amechanismfortheGovernmenttoinformaffected communitiesonapproved It isrecommendedthattheGovernmentensuresconsultationsinitiatedarenot Ensure RighttoParticipation the reflect transparency oftheGovernment. also would This Government. the by considered be to concerns and views their highlight to time ample have would public the so, doing By finalised. are plans after making themavailableandpubliclyaccessibleonly time plansweremooted,ratherthan SUHAKAM furtherrecommendsthatsuchinformationshouldbemadepublicfromthe scale, informationontheseshouldbemadepublic. There istheneedforGovernmenttoensurethatregardlessofdevelopment Ensure Access toInformation should besuitableinqualityandsufficientsize; for free; houses, water, electricity, clinic,schoolandothers. They shouldbemadeavailable communities areresettled.Suchamenitiesshould,amongothers,includeconcrete their areaofchoiceforresettlementisUluPleiran; 15 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:37 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK of allindividualswithinits jurisdiction areprotected. society.mainstream rights the that ensure to government the of duty fiduciary the is This disadvantaged positionandtowardsamorefavourable onewhichisatparwiththeother marginalised communitiessuchasthePenanare able tomoveawayfromtheircurrent that ensure the but discriminate, to intended not is which action, affirmative or measures reasoning thattheinternationalhumanrightlaw acknowledges theneedforspecial to enjoytheirhumanrightsasthoseenjoyedbythe mainstreamsociety. Itiswith this such minoritygroupsarethosewhorequiremuch attention toensurethattheyareable the rightsofindividuals,especiallyminoritiessuch as theindigenousPenan.Incontrast, programmes forthenation,ithastomakesurethat projectsdonotimpactnegativelyon development in implementing ensure that for theGovernmentto need is the Thus, there without intensifiedassistancetohelpthemadaptmoredevelopedwayoflife. survival andlivelihoodamongstthePenan,itmustrealisethatthiswouldnotbeachieved If theGovernmentseesthatthereisneedforchangeofmindsetandpractices culture, spiritualbeliefsandwayoflife. Penan’s bytakingintoconsiderationwhatisacceptableandotherwisebasedontheir there istheneedforGovernmenttodetermineneedsofcommunitiessuchas Instead, development. their encourage not definitely would resettlements in unassisted in Malaysia,ithastobeemphasisedthattakingawaytheirnativelandandleavingthem While thereisno‘oneway’ toaddressalltheissuesaffecting theindigenouscommunities supersede theindividual’s rights. as that established individual’s rightsdonotsupersedecollectiverights,similarly,be collectiverightsdonot to needs it hand, other the On whole. a as Malaysia of citizens projects which could benefit the nation’s economic status which would in turn, benefit the SUHAKAM reiteratesthatitisnotagainstthegovernment’s plantoimplementdevelopment economic, socialandculturalrights. their customstoestablishownershipofnativeland,inadequateaccessother their marginalisation,fromdisputeswiththeGovernmentonlegalrecognitionof until today. SUHAKAM’s previousandcurrentstudiesonofthePenancontinuetoshow The humanrightsrelatedissuesconcerningthePenaninSarawak,appeartopersist V. resettled communities. Authority (SALCRA),couldbeimplementedneartheresettlementandtorunby development programmessuchastheSarawakLandConsolidationandRehabilitation that thecommunitieshaveaccesstoeconomicandincomegeneratingactivities.Land In resettlingthosecommunities,theGovernmentmustalsotakeinitiativetoensure piped water, electricity, schoolsandclinics-beforevillagersarerelocated. with accesstothenecessaryamenitiesandfacilities-including,amongothers,clean SUHAKAM urgestheGovernmenttoensurethatresettlementareasarecompleteand Resettlement Ensure Availability and Accessibility ofPublic Amenities andFacilitiesbefore Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia CONCLUSION 16 7/17/2009 11:26:37 AM Suruhanjaya Hak Asasi Manusia Malaysia Human Rights Commission Of Malaysia

PART B: REPORT ON SUHAKAM’S DIALOGUE AND MEETINGS

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK to belookedinto. Instead, itwastoensurethat inthedrivetodevelopment,humanrightsfactors needs engage adebatewiththestateagenciesonwhether therewastheneedfordams. In theoffset, Dr. MohammadHirmanemphasisedthatthemeetingwasnotanarenato present atthemeetingandhighlightedpurpose ofthemeetingheldbySUHAKAM. SUHAKAM Commissioner, Dr. MohammadHirmanRitom Abdullah welcomed participants welcoming RemarksandIntroductiontotheMeeting construction oftheMHP. Later, theChairpersonopenedsession fordiscussion. the relevantgovernmentagenciestoprovidebackgrounds ontheirworkinrelationtothe Commissioner, DatukDr. DenisonJayasooria.Duringthissession,theChairpersoninvited The meetingwentonwiththefollowingsessionwhichwaschairedbySUHAKAM meeting. Mohammad HirmanRitom Abdullah, whoalsogavetheintroductionandobjectivesof The MeetingbeganwiththeWelcoming RemarksbySUHAKAMCommissioner, Dr. PROCEEDING OFTHEMEETING Board. Headquarters oftheLandandSurveyDepartment,Sarawak;SarawakElectricity Planing Unit;SarawakStatePlanningNaturalResourceandEnvironmentBoard; Planning andDevelopment,Sarawak;MinistryofPublicUtilities,Economic Participants oftheMeetingincludedrepresentativesfromMinistryResource by SUHAKAMOfficersandstaff. assisted were They Office. Sarawak SUHAKAM the of Commissioner Resident the also Chairperson oftheECOSOCWG,andDr. MohammadHirmanRitom Abdullah whowas SUHAKAM wasrepresentedbyDatukDr. DenisonJayasooriawhowasalsothe identify potentialhumanrightsissuesthathavearisenandcouldpotentiallyarise. relevant governmentagencieswasheldtounderstandthebackgroundofMHP andto As preliminarybackgroundresearch,theabovemeetingwithrepresentativesfrom with itsconstruction. rights ofseveralindigenousvillagesintheinteriorSarawak,whowouldbeaffected future MurumHydroelectricProject(MHP),towardstheeconomic,socialandcultural agencies. was heldfollowingconcernsover thepotentialimpactof The meeting and the SUHAKAM Sarawak Office, had jointly held a meetingOn 25 withAugust 2008,theEconomic,Social andCulturalRightsWorking Group(ECOSOC) the relevant government INTRODUCTION I. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia GOVERNMENT AGENCIES SUHAKAM’S MEETING wITH REPRESENTATIVES FROMTHERELEVANT 18 7/17/2009 11:26:37 AM Book.indd 19 right ofthecommunitiestowards adequatehousingwasnotinfringed. With respecttotheresettlement ofsuchcommunities,thegovernmentmust ensurethe in Sungai Asap, Belaga,Sarawak. livelihood due.SUHAKAMhadpreviouslyseenthis amongsttheresettledcommunities their inabilitytocopewithchange,particularlyonnew meansfortheirownsustenanceand There werepreviouscasesofresettlementindigenous communitieswhichresultedin that repeatedlyarises. individual andcommunalland.Inadditiontotheabove, issuesoncompensationamatter There wastheneedforgovernmenttotakeinto considerationtherighttoland,both the issuesarisingfromBatang Ai andBakunDams. from experience have might agencies many which earning of loss land, of loss following This includesmatterssuchaseviction,relocation,resettlementandcompensation make theirinformeddecisions. and correctinformationontherequirementaffects ofthedamtoenablethem sufficient given be must project the by affected be would lives whose communities The the developmentoflocalcommunities. enhancing in dam the of benefits the asses could meeting the whereby manner positive the communitiestoohaverighttoreceivedevelopment. This couldbeviewedfroma While theGovernmenthadprerogativetoprovidedevelopmentforpopulation, information andothers. and culturalrightsofthelocalcommunities,suchastheirrighttoparticipation, A massivedevelopmentprojectsuchastheMHP shouldconsidertheeconomic,social include anationalpark. The meetingcould,therefore,ascertainonthis. would claimed have some which areas huge of flooding the over concerns were There the MHP projectwhich,among others,includedthefollowing: Dr. MohammadHirmanthenoutlinedthe humanrightsaspectsthatcouldarisefollowing impact. towards theenvironment.Nonetheless,Governmentmustmitigatesuchdiverse In additiontotheabove,itwasnotedthatsuchdevelopmentwouldhaveinevitableimpact plans benefitlocalcommunities. out, therewastheneedforittoengagepublicinsuchplansandensurethat Government hastheprerogativetoplananddecideddevelopmentprojectsbecarried energy sourcestomeettheneedsofstateandcountry. Hesaidthatwhilethe He notedthattheplanneddamswerepartofState’s drivetoseekforrenewable Right toastandardofliving Right toLand Right tohousing Right toselfdetermination Right todevelopment Civil, PoliticalandEconomic,SocialCulturalRights Right toenvironment 19 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 20

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK and thelistwaslaternarroweddownto51sites. 1981. in made was Sarawak in dams hydroelectric of Aidentified were areas 155 of total He explained that the master plan and study to identify suitable areas for the construction Lawas, Belepeh, Tutoh, Limbang,Baram,Metjawah,Belaga,Baleh,Linau,andUlu Air. hydroelectric damplansinSarawakwhichincludes areasinBakun,Batang Ai, Murum, future as well as plants existing other of background the on meeting the briefed then He for flow wind unsuitable energy generationthroughwindturbines. and gas for price and cost escalating to like sources other to He opined that energy production from hydro dams was the most cost efficient compared operations comparedtotheotherstatesinMalaysia. was attributedtoSarawak’s topographyandrainfallswhichweremorefavourablefordam for energygenerationwhichincludingoil,gas,coal,andhydrodams,amongothers. This world. He went on the brief participants of the existing power plants and the states He explained that Sarawak potential was a big exporter of energy and second largest facility in the of theMHP inthenexttwoyears. energy producingplantsinSarawakandtheSEB’s theMHP andtheprojectedprogress SarawakEnergyBerhadontheBackgroundofMHP Mr. Yongof background Sarawak EnergyBerhad (SEB)providedthe KiongChun fromthe • whose representativeswerepresentatthemeeting. information ontheprogressofproposeddamandinvolvementagencies During thissession,DatukDr. DenisonJayasooriawelcomedparticipanttoprovide Briefings byParticipants SUHAKAM. in afuturemeetingwithindigenouscommunityleaderthatwouldbeorganisedby would beincludedinareportbySUHAKAM,priortowhich,informationhelpful Dr. MohammadHirmanconcludedbysaying thattheinputgatheredfromthismeeting that haveyettoreceiveelectricity. years oftheBatang Ai Project,thereweresettlementslocatedjustalongthepowerlines Righttofreedomfromdiscrimination into playwouldbetherighttofreedomfromdiscrimination.Forinstance,after20-30 In allthehumanrightsaspectsabove,animportantprinciplethatcomes of pollutedriversandthiscouldmeanthescarcitycleanconsumablewatersource. Righttocleanandconsumablewater rivers astheywerecleanandunpolluted.Damsareknowntobeoneofthemajorcauses Historically,from for consumption could haveeasilytakenwater forestbasedpeople Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 20 7/17/2009 11:26:38 AM Book.indd 21 Hydroelectric Project. shared bytheparticipantsandlessonslearnedfrom previousprojectssuchastheBakun were experiences meeting, this At universities. as well as organisations and agencies review panelwasheldon4July2008andhadencouraging participationfromvarious external the of meeting level. The Federal and State the at agencies various of consists panel This panel. review external an by review detailed gone under has and 2008 April In respect to the EIA forthe MHP, he said that the detailedEIA wassubmitted on 13 impact assessmentestablishedbyinternationalassociations. NGOs. Hefurtheremphasisedthatthisprocesswasinconsonancewithguidelinesfor He addedthattheEIA processthathadbeencarriedoutweresubjecttoscrutinyby purview oftheNREO. State in 1994. Therefore the EIA andalsotheEnvironment Quality Act wereunderthe Environmental Ordinance(NREO)anditsprescribedactivitieswasformulatedbythe of whichParliamenthaspowertomakelaws.Inthisregard,theNaturalResourcesand the listsetoutinNinthScheduleofConstitution,andnotbeingamatterrespect of in any not enumerated matter respect toany a statetomakelawswith legislature of the of powers the states which Constitution Federal the of 77 Article that explained He construction ofdamsrequiredEIAswithnoexceptiontotheMHP. Impact Assessment (EIA).Hecorrectedthisperceptionandsaidthatallproposed thestatements on issued bycertainNGOswhosaidthathydroelectricdamsdonotrequireEnvironmental disappointment his expressed Murum firstly, (NREB), the Board on Environment EIA the on Board Dr. Environment PenguangManggilwhowastherepresentativefromNaturalResourcesand and Resources Natural Project • of theprojectstobesubmittedSUHAKAM. Mr. Yong, inconclusionsaidthatapaperwouldbepreparedbytheSEBonbackground by thenativesinaffected areas. Yong Kiong Chun further exemplified the preservation of structures that were held sacred considered thebestprojecttakingintoconsiderationmorphologyofground.Mr. The proposedMHP was 40KilometresfromtheBakunHydroelectricDamandcouldbe the other hand,informationontheproposeddamswereallinpre-studyforms. On status. current the reflect to updated be would study the of aspects social and environmental the on year.Information next known be only would constructed be could The studyontheMurumsitewasongoingandthatdecisionwhetherornotMHP Website. on theprojectswasavailable ASEAN PowerCooperation&DevelopmentForum information the fact, In confidential. not was projects hydroelectric 12 the of information He emphasisedthatcontrarytowhathadbeenclaimedbysomeindividuals,the 14. The background paper on the projects prepared by the SEB is enclosed as projectspreparedbytheSEBisenclosed Thebackgroundpaperon the ANNEX 3. 14. 13. website athttp://www.bmf.ch/files/news/Sarawak_Energy_Confidential.pdf was made to understand that the information wasleakedandcouldbefoundviathe Bruno ManserFond SUHAKAM didasearchtothesaid websitebutwasunabletoretrieveinformation.However, SUHAKAM 13 14 21

Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 22

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK o Mlyi. e xlie ta wn trie oeae wl we tee a constant was there when well operates turbines wind that explained He Malaysia. for While windturbinesmighthave minimalaffects tothe environment,theywouldbeunsuitable now, remainthe nextbestsourceofrenewableenergysource. However thesewerenon-renewable sources,andtherefore,hydroelectricdams, asof gas as well as coal, and therefore, creates a mix of energy sources being used and developmentofpower.in Malaysiaalsoproducesenergyfromamong others,oiland Malaysia. In additiontohydroelectricdams,thestateworkson othersourcesforoptimalgeneration environment, theGovernmentwasseekingmeasures basedonEIAstomitigatethem. about impacttolocalcommunitiesaswellinevitable adverseaffect towards the hydroelectric damswouldbemoresuitable.While thehydroelectricdamswouldbring energy sources,includingwindturbines,solarand nuclearenergy, butfound that Due tothis anticipation, hesaid that theGovernmentwasseekingoptions for additional would bepowershortageinafewyearstocome. moment, seemtohavemorethanenoughenergy sources, itwasanticipatedthatthere the at Malaysia while that explained earlier was it As need. immediate the just not and He saidthattheGovernmentwasplanningoflong-termenergyneedsMalaysia affordable electricityintheState. by SEBintermsofplanningtoensurethegenerationadequate,reliable,timelyand Suruhanjaya Tenaga in Peninsular Malaysia. They would oversee the expertise provided En. Adana Haji Jed, explained that the Ministry’s regulatory role was similar of that with the The representativefromtheMinistryofResourcePlanningandDevelopment,Sarawak, of Rationale the on Sarawak Development, and Planning Resource of Ministry • SUHAKAM. The representativefromNREBagreed. Dr. Hirman,atthisjuncture,requestedthatacopyoftheEIA afterreviewbeforwardedto the mitigationmeasures. construction. Those concernswouldbetakenintoconsideration,includingindesigning Dam Murum the on views public obtain to used mechanisms were explained, he These, said thatthisincludesdialoguesormeetingswiththepublicandevenquestionnaires. preparation oftheEIAis beforethe which than after.rather report Dr.Manggil Penguang were onpettyissues. Thus, publicparticipationwouldbeatthebeginningofprocess that wereobtainednon-constructiveandhesaidtheconcernsraised post EIA methodwascarriedoutfortheBakun HydroelectricProject.However, comments for the general public’s review for a number of reasons. He explained that the public EIAthe that review explained EIAprovided he the not document, While was public a was report monitoring ofotheractivitiespostthedamwouldbemaintained. which includessocio-economicmatters.Mitigationmeasureswouldbeintroducedand potential effectsand analysethe toward theenvironment ofthedamconstruction population issuesfallundermattersregardingtheenvironment. The EIA wouldascertain environmental, biological, technical and financial aspects, among others. Social and local He lateroutlinedthemaincomponentsofEIAswhichincludesmattersregarding review. stakeholders. As of25 August 2008,andwouldbereceivedbytheNREBafter The saidEIA isbeingreviewedtaking intoconsiderationthevariousopinionsby Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Choosing HydroelectricDamsasapposedtoothersourcesforenergy 22 7/17/2009 11:26:38 AM Book.indd 23 for themtostandontheir own twofeet. had implementedshort-term developmentprojectsfortheresettledcommunities asbasis government the Instead, projects. long-term no were there that explained he livelihood, they wanted development. In terms ofprojectsto cope with change of environment and were many objectionsforresettlementinSungai there Asap, theyeventually preferredtomoveas beginning, the in while that highlighted He persons. 10,000 approximately years tojourneyandspeakthelocalcommunities in15longhouseswhichinvolved communities local in Rajang,whichwasvoluntary,of andBakun.Onthelatter, hesaidthatittookhim4 resettlements the on experience his of meeting the told then He rules asthoseabidedbythedistrictoffices. be stationedinBelaga.Hesaidthattermsofsuch resettlement,theyfollowthesame manpower, would sufficient some obtains section the Once Penan. the of resettlements He explained that the Section was currently recruiting more staff and would look into the Section includeNREBandResidentDistrictOffice(s),assistedbyitssecretariat. Task SectionforResettlementwhichwassetupundertheSPU.Othermembersofthis Commissioners thathewasjustrecentlyassignedtohiscurrentpostintheSpecial Mr. LimanarNumpangfromtheStatePlanningUnitstartedbyinformingSUHAKAM SarawakStatePlanningUnitontheResettlementofCommunities Affected • 5 years. years time,whiledevelopingdamsandtransmissionofenergycouldtakeupmorethan to takeintoaccountthatenergywouldbescarceinPeninsularMalaysiaonlyafew need concurrent the was there effective solution, cost most the also find to considered being were options other While 1,000MW. approximately transmit to cables submarine For thetransmissionofenergytoPeninsularMalaysia,Governmentwasconsidering TNB hasasimilararrangementwithIGAT, Thailand. B. Country from energy extra obtaining by this offset supply,Country Awould available to compared demand energy higher experiences ACountry when that so arrangement an was This versa. vice and (TNB) Berhad TenagaNasional from energy extra obtain Singapore hasitsownenergygenerationcapabilitybutduringpeakdemands,theycould energy supply. In additiontothis,countieslikeIndonesiaandBruneihaveapproachedMalaysiaobtain time. and Sabah. This isinview thatbothwouldhavecriticalenergyshortagesinafewyears only beconsumedbySarawak,butwouldalsochannelledtoPeninsularMalaysia This massivescaleofenergyseekingisSarawakwasbeingdoneaswouldnot With regardstosolarpower, heexplained thatthiswouldbefarmoreexpensive. energy, thewindturbinewouldnotbeanidealsourceforenergyinMalaysia. which wasseasonalandwouldcomeforshortperiods. And withnotechnologytostore Malaysia, however, strongwindwasinconsistent as it dependsonthemonsoonwind strong windandwerebeingusein,amongothersEurope, Australia and Tasmania. In 23 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 24

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK were genuineorotherwise. the responsibilityofL&S toinvestigatetheclaimsanddecidewhether made days afterthenoticeswere issued.Intheeventhatownershipclaimsweremade, itwas Government wouldinvite those whowishtosubmitclaimofownershipdo so within60 the 1958, Code Land Sarawak the of 5 Section under provided as and land gazetted the However, tobesureofthis,theGovernmentwouldissuenoticesinformcommunities land. titled cover not would resettlement the for gazetted be to land that anticipated He could beacquired. authority,by thestate planning to beapproved site, itwouldneed a the land and onlythen acquisition. land for procedure a follow would L&S the that explained He identifying After sites forthepurposeofimplementinggovernmentprojects. projects, theywerenormallyresponsibleforlandacquisition toensuretheavailabilityof began byhighlightingthattheL&SwasanimplementingagencyandinsuchGovernment The representativefromtheLand&SurveyDepartment(L&S),En.ZaidiB.HajiMahdi LandandSurveyDepartmenton Acquisitions • performed bythecommunitiesandwereregardedagencies. would besubmergedandothers.Forgravescemeteries,ritualswererequiredto and inventoriedthenumberofcropsthatwouldbedestroyed,gravescemeteries would be submerged by water, theL&Sandalso personnelfrom the museum investigated the SPUhadinformedLandandSurvey(L&S)Departmentonvillagesareasthat process following the Bakun Dam. He explained that for the case of the Bakun Dam, after stage. However, he expected that the process would be the Mr.same LimanarNumpangsaidthattheresettlementofcommunitieswasstillonplanning as that of the resettlement would allbetakenintoaccount. and serviceslikepovertyeradicationprogrammesschools,propersanitation. These also awareoftheproblemsfacedbycommunitiesintermsaccesstopublicfacilities was Government The resettlement. their for proposal the as well as affects and benefits be affected bytheconstructionofMHP andwouldbriefthemontheprojectitself,its Mr. LimanarNumpangsaidthathewouldcontinuetovisitotherlocalvillages by theGovernment. which wasabout20KilometresfromSungai Asap. Hesaidthatthishadbeenapproved area Penyuan the was resettlement for choice first government’s the that said Later,he He saidthatthegovernmentincludedinlistofsitesconsideredfortheirresettlement. representative, theyalsomentionedthesiteoftheirchoiceifweretoberelocated. the governmenttoassistinimprovingtheirlivelihood.Duringhismeetingwithvillage for and development for desire their expressed representatives village the as fruitful was once theMHP wasconstructed. Hesaidthatthediscussionwithvillagerepresentatives headman ofavillagethatwaslocatedintheareawhichwouldbesubmergedbywater He hadstartedhistasktomeetwiththecommunities,startingeachapenghuluand Long wat, LongMalim,Jaik affected bytheMHP including directly be would villages 8 from households 300 around Office, District relevant the by With respect to the MHP, Mr. Limanar Numpang explained that based on the data gathered Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia LongSingu,Tangau, LongLuar, LongMenapah, andLongPeran. 24 7/17/2009 11:26:38 AM Book.indd 25 supplies weredisconnected. electricity andpipedwater supply, theywereunabletopay thebillsandconsequently, the acquire fertiliser. to Similarly, unable complete with housing thatwere some wereresettledto when financially were they rearing, for fish like assistance with provided be would agriculture tothisday.they hadnoknowledgeonsettled were unfortunateas Whilesome among others. The PenancommunityintheSungai Asap Resettlementforinstance, the livelihoodthatwouldbe taken awayfrom the local communities, their cultural practices, procedures tominimisetheadverseimpacts.Interms ofsocialimpact,thiscouldinclude impact followingtheconstructionofdam,andbased onthese,toidentifymitigating Instead, hesaidthatthedialoguecouldlookinto possiblesocialandenvironmental Dr. Hirmanopinedthatatthisstage,theywerenotinthepositiontoreverseproject. from thecommunities. The samewasfoundfortheBakunHydroelectricProject. representatives two or one for except objections strong no were there that found which communities affectedlocal the claimed thatdialoguesandmeetingswith He were held to identifythosewhoselivelihoodwasdirectlyimpactedfromtheconstructionofdam. and mattersonresettlement,therepresentativefromNREBsaidthattheirtaskwas informed consentfromthelocalcommunitiesaffected fortheconstructionofdam local communitywasnegativelymassive,andwhethertheStatehadinfactobtained On thequestiononwhetherMHP couldbeshelvedintheeventimpactto Could theMHP beshelvedifithasmassiveadverseeffects? impacts whichwouldbeusedbytherelevantpartiestomitigatetheiradverseeffects. He addedthattheEIA wouldbethedocumenttodeterminesocialandenvironmental would concurrentlygrow. from now,long Malaysia woulddepletenottoo sources in while thedemand forenergy generating energy from the existing gas sources would not last. It was projected that gas Mr. Yong fromtheSEB saidthatthecountrywasinneedofadditionalenergysourcesas Energy ShortageandDemandinMalaysia Issuespertainingenergydemand,theMHP anditsEIA Report • Open DiscussionSession of ownership. They could bringthecasetoarbitrationorcourtrespectively. who night not be satisfied with the decision in terms of amount of compensation and proof As partoftheiracquisitionprocess,theL&Swouldalsomeetwithlandownersorclaimants would becompensatedinaccordancetoexistinglaw(s). claimants genuine Those others. and longhouses crops, ponds, fish also but land, only claims, theywouldinventorythoseitemswhichbecompensatedincludenot After investigationhasbeencarriedoutontheperimeterofprojectandgenuineland claims wouldbecompensatedbytheGovernment. this dialogue,thecommunitywouldbetoldonhowtosubmitclaimandthatgenuine carried outin‘Village A’, adialoguewiththenbeheldthe‘Village A’ community. In concerned thecommunities with who werebelievedtohaveinterestontheland.Forinstance,ofaprojectbe dialogues out carry Officers Divisional L&S the that In addition,En.Zaidiemphasisedthatitwasmandatoryundersection5oftheLandCode 25 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 26

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK are notflawed. EIA thattheresubmitted EIA reports the that ensure to responsible found be would SEB it was The flawed. still if were Reports double becharged would They time. first the the consultants submit incomplete or flawed EIA reports, they would be charged RM2,000 integrity ofconsultants. These ruleswouldbelegallybinding. Therefore, intheeventthat consultants wherebystringentruleshavebeenset forthtoensureprofessionalismand tabled thismonth.Oneofthepapersrelatesto natural resourcesandenvironmental In viewofsuchincidentabove,threecabinetpapers havebeenpreparedandwouldbe was laterdisqualifiedfromtheregisteredlistofconsultants forthegovernment. of SUHAKAM’s relevantreport,theprivate company was issued a show causeletterand private company and therefore, was against the practice. Based on this, and the findings case, ifwasfoundthatonememberoftheconsultantindeedanemployee brief backgroundontheprojectreferredtobyDr. Hirmanandsaidthatinparticular to respondtheparticularissuethatwashighlightedbyDr. Hirman.Hethengavea opportunity the for gratitude his expressed NREB from representative the response, In independence andtransparencyofappointedconsultants. and otherswereoverlooked.Inviewofsuchinstance,Dr. Hirmanraisedconcernsonthe the timeofEIA survey. As aresult,theirhumanrightstoland,housing,development at area the within communities’ existence the proves that Office District Belaga the from by theprivatecompanytoprepareEIA. This despiteobtainabledataandinformation within andneartheaffectedwere blatantlydisregardedbytheconsultantemployed area Forest (LPF)/0018,wherebyitwasfoundthatthePenancommunitieswhowereresiding the arealicencedbyGovernmenttoaprivatecompanyunderLicenceforPlanted EIAonthe the on SUHAKAM’s previousstudyonthePenaninUluBelagaandEIA reportpertainingto NREB from representative the Dr.Project, Murum exemplified and consent informed of principle the highlighted Hirman by briefing the to reference With Independence andTransparency ofConsultants to projectslikedams. to thesettingupofnurserieswhichdoesnotinvolveabigarea. This diddoesnotapply finalised and accepted, the representative from the NREB explained that this only applied EIAsuch projectsbeforetherelevant the commencementof allow reports havebeen On thequestionbyDr. Hirmaninquired whethertherewereanystateprovisionsthat Commencement ofProjectsbeforeEIAs the localcommunitiesbyinstillingdoubttowardsGovernment’s intentions. and proposal for their resettlement. He, however, raised concerns on groups that influence held. Headdedthatthecommunitieswereinformedofmattersregardingproject Mr Yong from SEB confirms this and said that dialogues with the local communities were in thedecisionmakingprocess. against theirwill.Heinquiredagainwhetherthelocalcommunitiesaffected wereinvolved impression thattheresettlementoflocalcommunitieswereinvoluntaryand Sarawak whowereaffectedcommunities in SUHAKAM wasgiventhe bysuchprojects, Dr.In addition,Datuk with local discussions based onprevious Denisonhighlightedthat Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 26 7/17/2009 11:26:38 AM Book.indd 27 instance swamps andboulders. too faraway from theirresettlementarea orlandgivenwereunsuitable forplanting, after relocation,wereonly giventhreeacresoflandwhichtheylaterfound were either as welllosingaccess to theforestastheirmainsourceofsustenance, families, especially theresettledPenan community. Whilelosingland whichtheyconsiderednative in lifestyle and livelihood. He explained that this appeared to be the case in Sungai Asap, scheme withtheresettled communities beingleftontheirowntocopewithdrastic change that wouldbetakenbytheSPUtoensurethisdoes notendaspurelyaresettlement eradication programmeandnotpurelyaresettlement scheme.Heinquiredonthetasks of theMHP-affected localcommunitieswouldbedonebytheSPUaspartof thepoverty As informedbytherepresentativefromSPU,Dr.the resettlement Hirman notedthat Assistance afterResettlement would alsobemadeaccessible. a school such as public amenitiesandservices, also beacentreforhousing.Inaddition, scheme wouldbeprovidedforthecommunitiesonce theywererelocated. There would , Mr. LimanarNumpangsaidthataformoflanddevelopment On thequestiononfacilitiesthatwouldbeprovidedinresettlementarea Facilities inResettlementareas be lostfollowingsettlementandcompensation,amongothers. resettlement, locationofandmattersontheirmeanslivelihoodthatwould communities’ perceptionontheprojectaswelltheirviewsproposalfor EIAs wouldbeobligatedtoincludethisviamoredetailedresearchobtainthelocal previous projectandlessonshavebeenlearned. This timearound,consultantsfor representative fromNREBsaidthatthewereawareofsuchincidentsfollowing With respecttothequestiononresettlementandlivelihoodafterresettlement, Resettlement ofLocalCommunities IssuesonResettlementand Assistance afterResettlement • within thestipulatedtimebasedonLandCode1958. obtained thisapproval,noticeswereissuedandclaimsofownershiphavebeenmade from thestateplanningauthority. Investigationwouldonlybecarriedoutaftertheyhave officially to yet have they that said carry outanysurveyandinvestigationsincetheyhaveyettoobtainapprovalofthesite L&S the from Zaidi En. MHP, the to respect With the infringementofhumanrights. the legaldocumentswerebeinginterpretedinaverynarrowmannerwhichhaveledto Code 1958. The Penan was a good example on this. He then expressed his concern that Land Sarawak existing the in included be not may which customs their on based land to those forest based communities would have their own definition of native customary right communities fortheirlossofnativeland,whileatthesametime,emphasisedthatmany Dr. Hirman requested for clarification in terms of compensation that would be given to the Compensation forLossofNativeLand land. After thisstage,theL&Swouldthen follow-up. mentioned. At hisstage,thestateplanning authoritywoulddetermineandapprovethe as ofthemeeting,itwasatsecondstagelandacquisitionprocessearlier On thequestionwhethertherewouldbelandacquisition,E.ZaidifromL&Ssaidthat Land Acquisition forResettlement IssuespertainingtoLand Acquisition andCompensation • 27 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK disadvantaged indigenouscommunities. ensure awin-winsituationfortheGovernmentandgeneralpublicwhichincludes process, humanrightsinfringementcouldbe,asfarpossible,avoided. This couldalso orotherwise positively on theGovernment.HefeltthatbyengagingSUHAKAMandpublicthroughout reflect either could findings which made were complaints after feedback processes. This wasseenasidealcomparedtostudiesthatwerecarriedout public in experience its on based and issues related rights human on assist could it as Datuk Dr. DenisonsaidthattheNREBcouldengageSUHAKAMfromearlyinprocess Others SUHAKAM’s involvementintheProcess • including theirrighttodevelopment. that therightsofindigenouspeople,likePenan,wererespectedandprotected, Nonetheless, heemphasisedthattheGovernmentwasmaindutybearertoensure can be done through training and sufficient funding in order for them to be more effective. Dr. HirmannotedtheCorpanditsroleagreedthatthisshouldbestrengthened. This Corp toensurethattheyweremoreeffective intheirrole. was agoodprogramme and stepsshould be takenbytheGovernmenttostrengthen initiative toinstilchangeandencouragedevelopmentamongstthePenan. This, heopined, En. ZaidifromtheL&ShighlightedthatPenanVolunteer Corpwasagovernment Volunteer Corpto Assist ResettledCommunities after resettlementforpovertyeradication. eradication programme,thecommunitieswouldbeprovidedwithnecessaryassistance Mr. Limanar Numpang in responsesaidthatby placing theprojectunderpoverty or otherwise. on gettingthelocalcommunitiestoacceptdecision,regardlessofwhethertheyagree the Governmenthasplannedanddecidedoneverythingprocessnowwasmore Datuk Dr. Denison reiterated the pointmade by Dr. Hirmanandsaidthat it appearedthat Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 28 7/17/2009 11:26:38 AM Book.indd 29 LIST OFPARTICIPANTS OFTHEMEETING En.MohamadBinMail Pn.Linya Anak Subah EnSophian Osman • Pn.Rafidah Yahya • • • Dr. HirmanRitom Abdullah SUHAKAM OfficersandStaff DatukDr. DenisonJayasoora • • En.Zuraimy Kushaili SUHAKAM Commissioners E. Yong KiongChoon(HydropowerDevelopmentDivision) • • En.Zaidi B.HajiMahdi Sarawak EnergyBerhad • Dr. PenguangManggil Headquarters oftheLandandSurveyDepartment,Sarawak • En.Limanar Numpang Natural ResourceandEnvironmentBoard • En.MohdIqbalBin Abdullah Sarawak StatePlanningUnit • S.M.FauziShahab Economic PlaningUnit • En. Adana HajiJed Ministry ofPublicUtilities,Sarawak • Ministry ofResourcePlanningandDevelopment,Sarawak 2008 25 AUGUST HUMAN RIGHTSISSUESCONCERNINGTHEMURUMHYDROELECTRICDAMON 29 wITH AGENCIES TO DISCUSSTHE Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK stand theirgroundandremaininexistingvillage locations. their villages would be flooded when the MHP was constructed, they were determined to Peran, Long Tangau, Long MalimandPelutansaidthatwhiletheywereaware Long from representatives The location. village existing their from relocate to unwilling whose villageswouldbeaffected bytheconstruction,unanimouslysaidthat theywere the indigenouscommunityleaderswasheldwithfollowingobjectives: the relevantgovernmentagencieswhichwasheldon25 August 2008. The dialoguewith The dialoguewhichwasheldinBintulu,Sarawak,thefollow-uptoMeetingwith were affected bytheGovernment’s plantoconstructtheMHP. Group (ECOSOC)heldadialoguewiththeindigenouscommunityleaderswhosevillages On 13September2008,SUHAKAM,viaitsEconomic,SocialandCulturalRgihtsWorking SUHAKAM’SDIALOGUEwITHINDIGENOUSCOMMUNITY LEADERS II. 15. projects introducedbytheGovernment.Nevertheless, the8communityrepresentatives, not againstdevelopment were Penan Communityleadersemphasisedthatthey The Resettlement ofCommunitiesaffected Issues Raised views, concernsandrecommendationswithregardtotheissueindiscussion. Chairperson oftheECOSOC.ParticipantsDialoguewereinvitedtoprovidetheir The Dialoguewaslateropenedforadiscussionsessionwhichchairedbythe objectives oftheDialogue. the on withthe Abdullah, Ritom Hirman Muhammad proceeded Dr. Commissioner, TheDialogue SUHAKAM by briefing Abdullah. Halim Abdul En. Officer, District Belaga Tan SriDatukSeriPanglimaSimonSipaun. This wasfollowedbytheremarks The DialoguebeganwiththeWelcoming RemarksbytheVice ChairmanofSUHAKAM, PROCEEDING OFTHEDIALOGUE joining thedialoguewereSUHAKAM’s resourcepersonsonthesubject. Office, Board. Energy Sarawak the and Unit Planing State Office, Sub-District Asap Also Secretariat, alsopresentatthedialoguewererepresentativesfromBelagaDistrict Besides theindigenouscommunityleadersandSUHAKAMCommissioners Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Long Luar, LongMenapah,Wat, LongMalim,Jaik,andPeran. be affectedthat would 2008 thatvillages bytheconstructionofMHP wereLongSingu, Tangau, on 25 agencies from therelevantgovernment its meetingwithrepresentatives SUHAKAM, during August (iii) (ii) (i) SUHAKAM’s observationsandrecommendationsontheissueshighlighted. To collatetheirviewsabovetobeforwarded to thegovernment,togetherwith their economic,socialandculturalrights; concerns overtheimpactofMHP towardstheindigenouspeoplesand the To towards heartheviewsofseveralNGOsandCSOsonMHP and their expectations their identify to government inordertoprotecttheireconomic,socialandculturalrights; and MHP, the over concerns To provideanarenaforIndigenouscommunityleaderstohighlighttheir 30 7/17/2009 11:26:38 AM 15

Book.indd 31 such asthePenanwhowereclearlydisadvantaged. the when sacrifice, to Government them itself request was to unwilling Government to the for sacrificeunfair orwas helpit itsthat ownfelt citizens,They especially communities same time,theywouldhavelosttheirnativeland,in additiontotheirotherrights. the at and promised were that benefits the of any see to failed they return, However,in usually asked to sacrifice They saidthateachofsuchinstances,thelocalcommunitieswouldbevictimsandwere on theirland. palm plantation, logging and hydro dam construction,were scheduled tobeimplemented concern ofthecommunities’ plightandneedsonlywhenGovernmentprojectslikeoil The indigenouscommunityleadersmetfeltthattheGovernmentwouldonlyshow Duty toprotecttherightsofdisadvantagedPenan further has income and employment to access limited extremely addition, In • problems various confronted had relocated were who those that explained They • Sungai Asap Resettlementwashighlightedasthemainreasonfortheircurrentstand: the to communities indigenous of resettlement the following experience negative their to the representativesmetbySUHAKAMwastracedback given by were reasons that The plantations. palm oil for companies private by over taken larger been had part significant a a on, live to area had previously they while that explained He villagers. other accommodate to the if dissatisfaction early expressed Jaik Government proposestorelocateothervillagesLongJaikastheareawastoosmall Long from representative the addition, In when GovernmentPersonnelproposedfortheirrelocation. puzzled was he However, relocated. be should they why reason no saw he Therefore, area and believed that his village would not be affected by flood or the dam construction. Further, therepresentativefromLongJaik saidthathisvillagewaswithintheSeping around oratthefringesofconstruction. not preventtheconstructionofdam,they, includingtheirvillagers,wouldremain The representativesfromLongSinguandLuarmaintainedthatwhiletheywould 16. Long Luar, LongMenapah,Wat, LongMalim,Jaik,andPeran. affectedbe that would that villages 2008 of theMHP bytheconstruction Long Singu, Long were Tangau, SUHAKAM, duringits meeting withrepresentativesfrom the relevantgovernmentagencieson25 August Resettlement. compounded thehardshipofsomefamilieswhowereresettledatSungai Asap resettlement. Sungai Asap were onlysuppliedmuchlaterfromthetimecommunitieshadrelocatedto access tolandforutilisation.Cleanpipedwaterandelectricitysupply, inparticular, insufficient as well as electricity and water piped clean to access insufficient like whatever theyhad,inthenameofCountry’s development. 31 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 16

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK current villagesasfollows: In brief,SUHAKAMwas informed oftheirclaimsiftheyweretoberemoved fromtheir signed bybothparties. that theaffected communitieswereconsultedand subsequently, awrittenagreement be However, intheeventthattheyweretobeforcedorevicted,Governmentshouldensure The CommunityLeadersinsistedthattheywouldprefer tostayintheircurrentvillages. Proposals madebythePenan social andculturalwayoflifeinthedeepisolated forestsinSarawak. suitable, especiallyforthePenanwhohavebeen longpracticingtheirowneconomic, the newenvironment. room fortransitionandtoadapt Abrupt transitionswouldnotbe Nonetheless, theyfeltthattheGovernmentshould providethemtheopportunityand that inthefuture,theywouldnotbedependententirely onlandfortheirdevelopment. One theotherhandcommunityleaderswhowerepresentsaidthattheyrealised each familyresettledwasonlygiventhreeacresoflandforcultivation. that found they when worsened was problem this that felt They same. the experienced resettled attheSungai Asap ResettlementfollowingtheconstructionofBakunDam, and livestockrearingintroduced. They addedthatthePenancommunities,whowere farming of techniques new the learning in difficulties had they that said they addition, In livelihood. dependant ontheirlandandtheforestresourcestomaintainsustenance The Communityleaderspresentatthedialogueemphasisedthattheyweregreatly Issues onLandandForestResources and identitycardhadbecomeastumblingblock. of Malaysia. All the community leaders said that the process of acquiring birth certificates siblings had identity cards, while the rest of his siblings remained undocumented citizens Rumah inLong Tangau, forinstance,informedSUHAKAMthatinhisfamily, onlytwo on difficulty in applying for birth certificates and Identity Cards. The Headman of the Tuai Another issuesthathasbeenrepeatedlyhighlightedbyallthecommunityleaderswas Issues onUndocumentedPenan transportation servicesthatreachtheirvillages. it wasimpossibleforthevillagerstosendtheirchildrenschoolastherewerenopublic schools inorneartheirvillage. Those availableweretoofarawayfromtheirvillages,and community’s plightinaccessing education. They informedSUHAKAMthattherewereno attitude shownbytheGovernmentwhichappearedtobeindifferent intermsofthePenan emphasised bytheGovernment,someofthosewhoweremetdisappointed thatcould tool animportant advance thedevelopmentofPenan.Whiletheynotethatthishasbeentheoretically was education that affirmed met leaders community The Issues on Access toEducation education, vitalregistrationservicesandundocumentedMalaysiancitizens. on otherissues,SUHAKAMwasagaininundatedwithcomplaintspertainingtoaccess Similar toSUHAKAM’sdiscussed which Penan communities the previous meetingswith Other Issues Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 32 7/17/2009 11:26:38 AM Book.indd 33 of theaffected communitieswouldbedetermined by theGovernment. Project. He explained that the relevant procedures for this as well as for the resettlement He furthersaidthattheStateGovernmentwould set upataskforcetosupervisethe out bytheStateGovernment. the MHP, ithadestablished theownershipbasedonproceduresthathadbeenset by therelevantauthoritiestoconstructMHP. HeaddedthatwhiletheSEBwouldown The representativefromtheSarawakEnergyBerhad (SEB)saidtahtSEBwasassigned Briefing bytheSarawakEnergyBerhad taken toeradicatetheproblem. SUHAKAM emphasisesthisissuetotherelevantagencysothatfurtheractioncouldbe that recommended and claims the to concurred Officer District Belaga the Sarawak, in With respecttotheissueofnon-documentationnatives,especiallyPenancommunity that theGovernmentwouldtakeimportantconsiderationofthosrconcerns. He saidthathenotestheconcernswerehighlightedbycommunitiesand in allofthevillageswhichwereisolatedandverysmalltermsitspopulations. He explained that it was impossible for the Government to construct schools and clinics locations. the communitieshadnamedanareawhichwasmuchfurtherfromtheir current villages communities. However, nonewasacceptedbytheaffected communities.Incontrast, current location, and there were 4 areas identified and offered by the Government to the He addedthatthecommunitieswouldberesettledwithinsameperimeteroftheir Governments previousdisucssionwiththesaidcommunities. views andrecommendationsmadetodaywerethesameasthosehighlightedin had asimilar theGovernment disucssion withtheaffected Penancommunitiesonthesamematter. that All theconcerns, SUHAKAM informed Officer District Belaga The Briefing bytheBelagaDisrictOfficer for theaffected communities beforetheyareforcedtomovethenewresettlement. The Penancommunityleaderssaidthatalltheaboveshouldbemadereadilyavailable Eachaffected familyshouldbecompensatedwithRM500,000. cultivation. for families affected the to given and provided • be must Land • available readily are amenities basic that ensure must Government The • resettled. be should they where decide to one the be should Penan The • They shouldbesuitableinqualityandsufficientsize; be madeavailableforfree; concrete houses,water, electricity, clinic,schoolandothers. They should before thecommunitiesareresettled.Suchamenitiesshouldinclude Pleiran; They informedSUHAKAMthattheirareaofchoiceforresettlementwasUlu 33 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:38 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia En.KhooKayJin En.Mr. JaylLangub • • En. Awie Abang Resource Person • En.KubaLusat Sarawak PlaningUnit En.MeringLebet • • En.Paul Tivan Pejabat DaerahKecil ASAP UmaKejaman • En.MaiLagiw • Yusuf Abdullah Balui Liko Adang akJiram • Tatau, Bintulu • En. Abok Jalong • En.Bato Bueng Long Tangau En.Pinang Bo • • En.Engan Kuleh Long Wat En.Suie Along • En.Madai Salok • • En.Chiri Long Luar En.Luhat • • En.Nyipa Long Peran En.Matu Tugang • • Long Jaik PARTICIPANTS OFTHEDIALOGUEON13SEPTEMBER2008 En.Sipol Ambun SarawakEnergyBerhad • En. Abd. Halim Abdullah PejabatDaerahBelaga • En.LasaSulau • En.JosephMering sg Arip Gansau, UmaLasah • En.Japan Tadang En.Dian Binak • • En. Abong Tegom Long Menapa En.Belarek Tinggang • En.Mu DouglasDing • En.Michael Jok • • En.Stem Liak(UmaBakah) Long Bangan En.Juba (Jubam) • En.Jack ParanLangu(ASAP Belaga) • • En.UgangJalong Sungai Asap En. Asan Jalong • • En. Alung Ju Long Malim En.ParenUsak • • Long Singu 34 7/17/2009 11:26:38 AM Book.indd 35 hydroelectric dams,solar, petroleumandothers. mini and mega from generated energy including sources, energy existing with matched are demands whereby was ideal that thelattermethod opined He ways tomeetthosedemands. possible clients rather than firstly determining demand followed by steps to identify the best that appeared Malaysia’s approach wasto generate energysupplyandlater, offer supply to According to Mr. Gurmit, the real issue was energy planning in Malaysia. He explained that it Poor EnergyPlanninginMalaysia and carriedouttheconstructionofBakunDaminstead. and environment. local villagers was, however,The proposal bytheGovernment declined Murum Damwouldresultinfewervillagesbeingrelocated andlessernegativeimpactto the would be sufficient to meet Sarawak’s energy demand. Furthermore, it was projected that the Dam sincethey projected that the energy that would begeneratedfrom the MurumDam who wereinvolvedintheconsultationsthen,favourof and proposed for the Murum tothelatter. totheBakunDamratherthananaddition only analternative In fact, the NGOs government-organised the during as and understood with NGOsinthe1990s,MurumDamwasproposed consultations that explained He issue. old an was Sarawak in dams Mr.the proposed thattheissueconcerning Gurmit SinghfromCETDEMhighlighted Murum Damas Alternative toBakunDam The followingissueswereraisedbyparticipantsduringthemeeting: ISSUES RAISED their issueshighlighted. After the Briefing, participants engaged in an interactive discussion session to further discuss Sarawak StateGovernment’s recentdecisiontoconstructtheMHP. Dr. Hirman Ritom Abdullah invitedparticipantsto highlight their concerns associatedto the the purposeofmeetingheldbySUHAKAM. meeting andhighlighted After hisintroduction, SUHAKAM Commissioner, Dr. Hirman Ritom Abdullah welcomedparticipantspresentat the PROCEEDING OFTHEMEETING University PutraMalaysia(UPM). Consumers Association of Penang (CAP), Environ ConsultingServices(Environ),and Technology and Development, Malaysia(CETDEM), Sahabat Alam Malaysia (SAM), from theCenterforEnvironment, representatives Participants oftheMeetingincluded Officers. SUHAKAM several by assisted was He Office. Sarawak SUHAKAM the of Commissioner SUHAKAM wasrepresentedbyDr. Mohd HirmanRitomwhowasalsotheResident the affected indigenouscommunities inSarawak. on theMHPtheir perspectives to obtain groups other concerned and it impacttowards and from severalNGOs On 20October2008,SUHAKAMhadameetingwithrepresentatives wITH REPRESENTATIVES MEETING FROMNGOS OTHER CONCERNED AND INDIVIDUALS GROUPS AND III. 35 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:39 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK by the Government. SUHAKAM had highlighted the same concerns at the said meeting, at the said the sameconcerns highlighted by theGovernment.SUHAKAM had 2008, SUHAKAMwasinformed that the location for resettlement hadnotbeendetermined bySUHAKAMon25 which wasorganised agencies government with therelevant August Dr. by informingparticipantsthatbased ontheMeeting Mohammad Hirmanresponded participant saidthatmanyaffected villagerswereagainsttheideaoftheirrelocation. the Government to take into accountthe views andconcernsof the villagersaffected. The to berelocated. that theywere for process asaconsultation was notintended The session for theGovernmenttoinformcommunity it wasonlyanarena Government personnel, that affectedthat SAMwasinformed said Ms. Mageswari they weremetby while Penan, and consult to failure Government’s the encourage publicparticipationinthedecisionmaking asthepublictoowerestakeholders. over disappointment expressed participants projects. Some inhydroelectric those involved and decisionmakingprocesses,including Participants oftheRTDin theplanning holds therighttoparticipate allagreedthatthepublic Right toParticipation dams tobeconstructedinthenearfuture. planned other the with along Dam Murum the of construction the expedite to Government industry couldheightenthenationalGDP andthus, could bethemotivatingfactorfor Mr. Gurmit addedthataluminiumsmeltingplantswereenergyintensiveindustry. Such companies likethealuminiumsmeltingplantwhichGovernmentplanstobringin. plant production by solely benefited being it than rather Dam Murum the from benefit would communities that local there wasassurance on whether questioned also Ms. Mageswari Beneficiaries ofEnergyfromtheMurumDam cable linesbeingsabotaged. must waters. Consent beobtainedfromtherelevantcountry(s)andtherewasriskof cables. underwater international Thus, thisraisessecurityissuesincecablesmayrunalong via Malaysia to Peninsular be sold Dam would from theBakun of energygenerated amount significant a that indicated that reports were The Dam. Murum the erecting of rationale the question he Dam, Bakun the from energy excess be would there since that Mr.said Gurmit Security inTransmitting EnergyfromSarawaktothePeninsular the representativefromCETDEM. be the only choiceof energy source. There weremanyother options suchas those listed by not dams suchastheMurumDam,should in thefuture,shefeltthathydroelectric increase excess be would there that said energy generatedfrom the Bakun Dam in Sarawak. Whilethe demand for energy could and agreed SAM from Sangaralingam Mageswari Ms. the MurumDam.Otherwise,therecouldberiskofsignificantwasteenergysources. firstly should Malaysia that felt Singh Gurmit maximise the Mr.usage of energy from place, the Bakun Dam in before embarking on already a new dam such Dam as Bakun the With Government ontheneedforanationalenergypolicy. This was a fundamental constitutionalissueaswell.CETDEM had recommended to the and policy generating policy.development petroleum energy However,policies. by thenational is notbound Sarawak existing by governed is development energy Country’s the Another primaryissuewasthatMalaysiawithoutanationalenergypolicy. Nonetheless, Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 36 7/17/2009 11:26:39 AM Book.indd 37 impact oftheBakunDam. had previously maintained that the catchments inBakunwould be protectedfrom adverse government the while happened had This erosion. to due rates siltation excessive with up would be protected. Mr. Gurmit exemplified with a catchment located in Bakun which ended destruction of catchments. There hasbeennoguarantee that catchments within the area result inthe Murum Damwould of theproposed that theconstruction There wereconcerns Catchments Area especially theirnativecustomaryland. before relocation. of resourcesthattheyhaveenjoyed access toland, include This would form, the Government shouldensurethat the communitiesareableto access thesameform that the communities are compensated sufficiently. In addition to compensation in monetary consent, theGovernmenthasto ensure informed to obtaining inaddition to berelocated, Dr.had that incase communities said and Mohd.NoorfromUPMagreed Khamuruddin submitted toSUHAKAM. be on thiswould a reportonthisandmemorandum SAM wasinthemidstofpreparing poverty.extreme to them pushing thus, and income, of source any without remained have and years or months several within up used were compensations result, a work. As find to and technicalskills,theywereunable received. Giventhatmanywerewithouteducation cash orientedcommunitiesandwerenotoninvestingthe knowledgeable compensations Whiletheywerecompensated,communitieslikethePenan,not the newenvironment. to adapting in difficulties major encountered Dam Bakun the following Resettlement Asap to theSungai who wererelocated and saidthatthecommunities agreed Ms. Mageswari right andshouldnotforcethecommunitytorelocate. on their land if they chooseto do so. The Governmenthasthedutytorespectthishuman determine andmaintaintheirownwayof life. They should bepermitted to continue to reside Mr.that likethemainstreamcommunity, Gurmitemphasied the Penanholdsrightto Right ofCommunitytoDetermineandMaintainway ofLife especially tothosewhoseliveswouldbedirectlyaffected bythedams’ constructions. to thepublic, accessible and easily be madeavailable such astheMurumDamshould projects Information ondevelopment like somePenanvillagers. communities especially be notedthatnotallinMalaysiahaveaccesstotheinternet, from theinternet,itshould to thepublic.Whileinformationcouldbeobtained dams wouldnothavebeenaccessible Website,& Development Power Cooperation If notfortheChina-ASEAN on the information in thepublicdomain. projects inSarawakwasnotreadilyavailable hydroelectric other planned and Dam, Murum the on information because concern expressed RTD the of Participants the information. participation. Tomeaningfully,to participate the public enable with theymustbeprovided Participants emphasisedthe correlation betweenthe right to information andright to Right toInformation overcome bytheGovernmentifcommunitiesweretoberelocated. and issuestobe native customaryland,righttoacleanandsafeenvironment participation, in particular,including theirrights toinformation, peoples on therightsofindigenous 37 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:39 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Dr. Noor-UniversityPutraMalaysia KhamuruddinMohd. Ms.Viji ConsultingServices Samuel-Environ Association Consumers • / Malaysia Alam Sahabat - Sangaralingam Mageswari • Ms. Mr. GurmitSingh-CETDEM • • OTHER CONCERNEDGROUPS AND INDIVIDUALSON20OCTOBER 2008 LIST OF PARTICIPANTS OFTHEMEETING insufficient assistanceandamenitiesafterrelocation,compensationpollution. to forcedrelocation, withrespecttotheMurumDamrelated concerns their major Among arising. Norsk HydroandEnvironwereattheirsecondroundofgatheringinformationontheissues Currently, breach. was policy this if organisations international other of confidence the losing to ensurebasedontheircorporatepolicy.which theywererequired risked The Company before andwouldmaintaintheircommitmenttodevelopment were highlightedsustainable they saw the potential inSarawak.Nonetheless,they kept watch based onthe issues that toestablishtheplant. However,the plan toresumethisplanas the Companylaterdecided from withdrawn had Hydro Norsk consultations, of series first the environment. After the and on thehumanrightsoflocalcommunities have heardandtakenintoaccountwereprimarily other NGOs and organisations wascarriedoutearlierin2008. Among theissuesthat they (UNIMAS) and Sarawak Malaysia (SUARAM), Universiti SUHAKAM, SuaraRakyatMalaysia The first round of consultations with the Natural Resources and Environmental Board (NREB), was tobemade. stageofgatheringinformationanddatabeforeanydecision at thepreliminary manner.was operatedinasustainable At thetimeofthisRTD,and NorskHydrowas Environ if thesaiddam itsplantinSarawak to operate only decide issues andthus,would sustainability about concerned in Sarawak-saidthatNorskHydrowasindeed plant tobeestablished smelting aluminium Hydro togatherrelevantinformationontheissuesforaproposed Ms. Viji- currentlyincontractwithNorsk (Environ) Services Consulting from Environ Samuel Aluminium SmeltingPlantbyNosykHydro Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Penang 38 wITH REPRESENTATIVESNGOS FROM AND 7/17/2009 11:26:39 AM Suruhanjaya Hak Asasi Manusia Human Rights Commission Of Malaysia

PART C: ANNEXURE

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ANNEXURE 1: SARAwAK HYDROPOwER DEVELOPMENT FEEDBACK FROM THE SARAwAK ENERGY BERHAD

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK ANNEXURE 1 then. 10 wpricesoffossilfuelsprevailing projectsandrelatively investment costsofhydropower feasible inviewof that wasnoteconomically the smallenergydemand,high its development theoretical hydropower potential to be approximately 190,000 GWh per year. But it concluded the estimated the State,and in potential of thevasthydropower The surveytookcognisance beeconomically could which sites potential of identification developed forelectricitygeneration. and State the in available potential hydropower of assessment the to confined primarily was survey The programme. by theSnowyMountainsHydro-Electric Authority of Plan aid Australia undertheColombo PreliminarySurvey The first preliminary survey of the hydropower potential of Sarawak was undertaken in 1962 3. siting ofpotentialdamsites. for the area ofSarawak,andisfavourable high, ischaracteristicofmostthehinterland the same river system flow between steep. narrow, interconnected ridges up to 1200 metres numerous falls and rapids,form a rough trellispattern. This pattern. in whichthetributariesof with fast-flowing part most the for rivers, the prevails, topography hill broken or valley and interior.rising mountainous the sharply ridge where areas Inmostoftheinteriormountain finally country,and undulating of belt a by inland succeeded is which plain coastal alluvial namely,zones, an relief broad three topography.comprises is State factor The second The whole ofSarawakhasanaverageannualrainfallover3500mm. weeks occurbetweenthemonsoons.Subjectto this prevailingwindsystems, practically the less rainfall. brings south-west monsoon Twoof abouteight seasons shortertransitional From season. as theLandas to July or April in direction August aweakerandmorevariable locally known period occur fromOctobertoFebruaryorMarch,a and to mostpartofSarawak uniformlyhigh rainfall, the twomonsoons. ,wind systems,especially bringsheavyrainfall The north-east monsoon by heavy ischaracterised differingof theStateinrelationtoprevailing characteristicsowemuchtothelocation which its climate is temperatures andhighhumidity. inSarawakandtheir four rainfallseasonsarerecognised factor first The be richlyendowedwithhydropowerpotential. FavourableSetting sq km. covers atotalareaof123,600 Sarawak Twothe Stateto to making factorscontribute 2. whole country. of 87,000 GWh per year, which isabout70%of the totalpotentialof 123,000 GWh for the potential exploitable total a has which Sarawak in lies potential hydropower this of bulk The Indroduction energy resourceinMalaysia. renewable represents thelargest,indigenous, Hydropower 1. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia ______SARAwAK HYDOPOwERDEVELOPMENT SARAWAK HYDOPOWER DEVELOPMENT 42 7/17/2009 11:26:39 AM Book.indd 43 1994 respectively. and in 1982,1983 carried outcompleted Pelagus, BakunandMurumweresubsequently studies onthethreemostfavourableschemesinthis basin,namely, Most of these favourableprojectsarelocatedintheUpperRajangRiverBasin.Feasibility in resources hydropower unexploited the Malaysia. of portion major GWh/year. the 87,000 constitutes of potential output energy This total a with MW 20,000 of potential exploitable total to givea be developed It wasfoundthatatotalof51projects(Figure1)could potentials. was carriedoutthebestmeansoftheirrespectivehydropower to determine harnessing A subsequent evaluationof the optimum development chainsfor all the river basins the otherupstreamsites. submerge that would of reservoirs the creation entail of somewould that is,theconstruction exclusive, mutually were sites these of some because harnessed fully be cannot potential GWh. However,output of340,000 energy a totalannual MW and of 80,000 capacity this aggregate total a with sites dam potential 155 of total a identified study the manner this In Subsequently, and geology. power potentialcomputationswerecarriedoutandcostestimatesprepared. topography on site information field actual to adjusted were After the desk study, a field reconnaissance of the identified dam sites followed. Project layouts into accountthepossibilityofinter-basinwatertransfer. river,the of taking mouth the to source the from head natural the possible as fully as utilize power outputandotherrelevantphysicalfeaturesofeachsite. The basiccriterionwasto the and thestudywentintonecessarydetailtodetermine as awhole river wasconsidered sites. Each dam to identitypotential information and geological hydrological topographical adopted inthissurveystartedwithadeskstudyofallavailable procedure The general {GTZ) onbehalfoftheGovernmentFederalRepublicGermany. TechnicalGerman Technicalthe by Malaysia to extended Programme Ltd. Aid Cooperation SESCO and a group of West German andSwissconsultants whoweresponsoredundera team from by aproject out jointly was carried System Development forPower This Masterplan the electricityneedsofSarawak:aswellthatforSabahandPeninsularMalaysia. in conjunction with an Electricity Masterplan Study to explore the various options for meeting ComprehensiveSurvey potential wasinitiated survey ofthehydropower amoredetailedandcomprehensive In 1979 4. MW. 10,700 of potential exploitable total a with MW 1,400 to MW 10 from ranging capacity with a rational policy for the harnessing of these resources. This second survey identified 42 sites resources andtoformulate (SESCO) withaviewtoreassessthetotalhydropower Corporation out bytheSarawakElectricitySupply survey wascarried In 1977,asecondpreliminary SARAWAK HYDOPOWER DEVELOPMENT 43 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:39 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 44

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Project Tutoh Linau Belepeh Belaga Metjawah* Lawas Limbang Baleh Baram Murum Note: The projectmarkedwith(*)willbereplacedotherprojects. ProjectStatus The statusofthese12projectsareasfollows: 6. 7,000 MW. capacity ofabout at atotalinstalled bulk energy and renewable a reliable provide would in Figure2. the 2,400MWBakun presentlyunderconstruction, These projects, including for implementationtheperiod2008–2020. The locationsoftheseprojectsareshown Malaysia, 12projectshavebeenplanned (SCORE) aswellthoseinSabahandPeninsular PlannedDevelopment energy of Renewable Corridor for theSarawak demand to meetthepower With aview 5. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Ulu Ai Extension* Batang Ai

SARAWAK HYDOPOWER DEVELOPMENT Installed Capacity 44 (MW) 1,400 1,000 220 290 300 105 150 944 110 54 60 80

Tender designcompleted Feasibility study Under tender Basin study Basin study Feasibility study Feasibility study Feasibility study Feasibility study Feasibility study Pre-construction Basin study Status 7/17/2009 11:26:39 AM Book.indd 45 SARAWAK HYDOPOWER DEVELOPMENT 45 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:39 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 46 7/17/2009 11:26:39 AM Book.indd 47 47 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:40 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 48

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 48 7/17/2009 11:26:40 AM Book.indd 49 49 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:40 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 50 7/17/2009 11:26:40 AM Suruhanjaya Hak Asasi Manusia Malaysia Human Rights Commission Of Malaysia

ANNEXURE 2 SUBMISSION BY THE PENAN COMMUNITY LEADERS TO SUHAKAM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 1. ______SYARIKAT BALAKDANKELAPA SA 2.4 2.3 2.2 2.1 2. 1.6 1.5 1.4 1.3 1.2 1.1 di banyakkawasanSarawakkhasnya Tubau danBelaga.Inibererti: atau (Gangsters) sebagaisecuritydikawasanpembalakanpunladangkelapasawit SAMSENG syarikat yangterlibat,menggunakan lagi danbanyak Hijau Rimbunan seperti KTS,Shin gergasi syarikat-syarikat SECURITY –kebanyakan Yang, Samling tempatan. Orangterbakar rumah panjangpuntidakpernahditolong. mereka terhadaporang SocialResponsibility) kurang dalamCSR(Corporate sudah cetek,keruhdan mungkin keracunan,makamerkamasihterlalu bertanggungjawab Kurang susah. ikan. Semua petani yangbergantungkepadaanaksungaiuntukmendapatkan para cetek dankeruh.Inimenyusahkan sungai telahmenjadi anak-anak sungaitelahbertukarwajah–bukansahajaadabanjirkilattapi Anak-anak seperti initelahmerosakkanhartabendaorang-orang tempatan. kilat ini.Banjir yang terkenaolehbanjir rumah panjang Banjir kilat–banyak undang-undang ini.Mengapaorangatasanbutadengan keadaansepertiini. Pusaka KTS, Samling, Shin Yanglagi tidakpernahmenghormati danlain-lain di kawasan Buffer Zone–Syarikatyangwujud TubauSOPB, seperti danBelaga ADA. BANYAK SYARIKAT TIDAK MEMATUHI UNDANG-UNDANG YANG SEDIA menjual dadahdanlain-lainlagi.Silasiasat! pistol), patah (adayangsimpan sepertisamurai,senapang bahaya senjata mereka. Kumpulansamsengyangmenetapdihulusungaibiasanyamempunyai dengan tempatan bekerja anak-anak mudakita.Ramai perhatian dikawasankita Mereka bermaharajalela sebelum melalui‘MainGate’ yangmenujukekampungmasing-masing. orang tempatan Menyekat kebebasan syarikat kekawasanmereka. sesebuah kemasukan khasnya merekayangmembantah orang kampong kekerasan Menggunakan kampung. nama ‘KERAJAAN’bahawa merekamenggunakan untuk menakutkanorang rumahpanjang penduduk Menakut-nakutkan sama juga. dengan pihakpolisterutama pasukan PGA. Pasukan dari pihak SAPU pun nampakbersubahat pihak Polis–Merekabiasanya dengan Bersubahat ini sebagaiagenpemusnahdanperampas. mereka ontheNatives–orangkampungmenganggap pressure Psychological LAPORAN RINGKASKEPADA SUHAKAM2008 – ada beberapa kes dimanamerekapernahmencabar –adabeberapa – walaupun mereka tahu bahawa semua sungai mereka tahubahawa –walaupun 52 IT MENGGUNAKAN SAMSENG SEBAGAI SAMSENG wIT MENGGUNAKAN – pengaruh samsenginiamatmenarik –pengaruh – memberi terlalu banyak alasan –memberiterlalu – memangbanyakkaliberlaku 7/17/2009 11:26:40 AM Book.indd 53 2.5 tempatan harusmelapormasalahtersebut? siapakahoarng dan kepada bagaimana mempunyai syarikatberkenaan, Sekiranya seorangmenteriataupun YB ataupun saudaramaramerekayang dan siapapulayang Siapa yangmembuatundang-undangmelanggarkannya? syarikatgergasikepunyaanorangkenamaan Kebanyakan 53 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia – BPR tolong siasat! BPR tolong – 7/17/2009 11:26:40 AM

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ANNEXURE 3 UNITED NATION’S DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK 1. See Official Records of the General one, the part of (A/61/53), Assembly, 53 Records No. Official See Supplement Session, Sixty-first 1. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia

Agen Sixty- chap. II.sect. A. Affirming civilizations andcultures,whichconstitutethecommon heritageofhumankind, Affirming and toberespectedassuch, different, themselves consider to different, be to peoples all of right the recognizing with theCharter, accordance in States by assumed obligations the of fulfilment the in faith good and United NationsDeclarationontheRightsofIndigenousPeoples Annex as containedintheannextopresentresolution. of thesixty-firstsessionGeneral Assembly, consultations thereon,andalsodecidedto conclude itsbefore theend consideration to defer consideration of and actionontheDeclaration to allow timefor further United NationsDeclarationontheRightsofIndigenousPeoples, in its resolution 1/2 of 29 June 2006, 1/2of29June in itsresolution 61/295. UnitedNationsDeclarationontheRightsof da rst item session 68

[without referencetoaMainCommittee(A/61/L.67and Add.1)] General Assembly United Nations Guided General Assembly,The Peoples the RightsofIndigenous on Declaration Nations United Adopts the Recalling Takingcontained Council of theHumanRights noteoftherecommendation General Assembly,The Indigenous Peoples Resolution adoptedbytheGeneral Assembly by the purposes and principles of the Charter of the United Nations, oftheCharterUnited bythepurposesandprinciples that indigenous peoples are equal to all other peoples, thatpeoplesareequaltoallotherpeoples, while indigenous itsresolution61/178of20December2006,bywhichitdecided also thatallpeoplescontributetothediversityand richnessof 56 1 by which the Council adopted the text of the of text the adopted Council the which by 107th plenarymeeting 13 September2007 A 2 2 October Distr.: General /RES/ 7/17/2009 11:26:40 AM 61/295 7 2007 Book.indd 57 A/RES/61/295 management oftheenvironment, practices contributestosustainableandequitabledevelopmentproper all formsofdiscriminationandoppressionwherevertheyoccur, and inorder tobringanend enhancement and cultural social economic, political, constructive andother agreements treaties, in arrangements withStates, affirmed peoples indigenous of partnership betweenindigenous peoplesandStates, theyrepresent,arethe basis forastrengthened arrangements, andtherelationship situations, mattersofinternational concern,interest,responsibilityandcharacter, are, insome peoples States andindigenous between constructive arrangements their children,consistentwiththerightsofchild, of and well-being training, education fortheupbringing, to retainsharedresponsibility understanding andfriendlyrelationsamongnations peoplesoftheworld, of peoplesto indigenous peace, economicandsocialprogressdevelopment, in accordancewiththeiraspirationsandneeds, strengthen theirinstitutions,culturesandtraditions,topromotedevelopment them andtheir lands, territoriesandresourceswillenablethemto maintain and rights totheirlands,territoriesandresources, their especially and philosophies, traditions, histories and fromtheircultures,spiritual which derivefromtheirpolitical,economicandsocialstructures peoples indigenous in accordancewiththeirownneedsandinterests, resources, thus preventing them from exercising, in particular, their aresult of, inter alia, their colonization and dispossession of their lands, territoriesand right to development be freefromdiscriminationofanykind, legally false, Affirming scientifically invalid, morallycondemnableandsociallyunjust, racist, are differences cultural or ethnic religious, racial, origin or on thebasisofnational superiority ofpeoplesorindividuals advocating Considering Considering Recognizing Emphasizing Recognizing Convinced Welcoming Recognizing of rights inherent the promote and respect to need urgent the Recognizing Concerned Reaffirming further that all doctrines,policiesandpracticesbased onor that indigenous peoples have sufferedpeoples thatindigenous as fromhistoricinjustices the fact that indigenous peoples are organizing themselves for themselves organizing are peoples indigenous that fact the that control by indigenous peoples over developments affectingover developments peoples that controlbyindigenous that indigenous peoples, in the exercise of their rights, should rights, their of exercise the in peoples, indigenous that also thatandother constructive treaties, agreements andother agreements treaties, in affirmed rights the that that respect for indigenous knowledge, cultures and traditional culturesand knowledge, thatrespectforindigenous the rights promote to respectand need the urgent also the contribution of the demilitarization of the lands and territories in particular the right of indigenous familiesandcommunities the rightofindigenous in particular 57 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:41 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK . A/conf.157/24(part 1).chap.iii Seeresolution 2200 3. A (XXI), annex. 2. Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia A/RES/61/295 consideration, be takeninto should and varioushistoricalculturalbackgrounds particularities regional and national of significance the that and country to country from and region partnership andmutualrespect: of in aspirit to bepursued of achievement as astandard Peoples of Indigenous well- being andintegraldevelopmentaspeoples, existence, their for indispensable are which rights collective possess peoples law,international in recognized rights indigenous human that all and to discrimination this field, system in Nations activities oftheUnited ofrelevant and inthedevelopment peoples promotion andprotectionoftherightsfreedomsindigenous recognition, peoples concerned, particular those related to human rights, in consultation andcooperationwith the obligations as they apply to indigenous peoplesunderinternationalinstruments, in play inpromotingandprotectingtherightsofindigenouspeoples, rights, non-discriminationandgoodfaith, of and indigenouspeoples,basedonprinciplesjustice,democracy, respect for human Declaration willenhanceharmoniousandcooperativerelationsbetweenthe State international with conformity law, in exercised self-determination, to right their peoples their economic,socialandculturaldevelopment, statusandfreelypursue their political they freelydetermine by virtueofwhich peoples, Covenant on Economic, SocialandCulturalRights

on Civil and Political Rights, on CivilandPolitical Action, 3 affirm the fundamental importance of the right to self-determination ofall toself-determination right the of importance fundamental the affirm Solemnly Recognizing Recognizing Believing Emphasizing Encouraging Convinced Bearing Acknowledging in mind that nothing in this Declaration maybeusedtodenyany in thisDeclaration inmindthatnothing that this Declarationisafurtherimportant stepforwardfor the proclaims the following United Nations Declaration on theRights Declaration United Nations thefollowing proclaims that the ofrightsindigenouspeoplesinthis recognition that the situation of indigenous peoples varies from region to peoplesvariesfromregion thatthesituationofindigenous and reaffirming that indigenous individuals are entitled without entitled are individuals indigenous that reaffirming and Statestocomplywithandeffectively implementalltheir that the United Nations has an important and continuing role to has animportantandcontinuing Nations thattheUnited that the Charterof the UnitedNations,International 2 aswelltheViennaand Programmeof Declaration 58 2 and the International Covenant the International and 7/17/2009 11:26:41 AM Book.indd 59 . Resolution217 A (III). 4. A/RES/61/295 group. to another ofthegroup children forcibly removing including any otheractofviolence, or toanyactofgenocide and shallnotbesubjected and securityasdistinctpeoples integrity, libertyandsecurityofperson. Article 7 Article 6 the State. participate fully, if they so choose, inthe political,economic, socialandculturallifeof their rightto retaining legal, economic,socialandculturalinstitutions,while political, Article 5 affairs, aswellwaysandmeansforfinancingtheirautonomousfunctions. right toautonomyorself-governmentinmattersrelatingtheirinternalandlocal Article 4 social andculturaldevelopment. right they freely determine theirpolitical status and freely pursue theireconomic, Article 3 exercise oftheirrights,inparticularthatbasedonindigenousoriginoridentity. in the andhavetherighttobefreefromanykindofdiscrimination, and individuals Article 2 international humanrightslaw. r s niiul, f l hmn ihs n fnaetl reos s eonzd in recognized as freedoms of HumanRights Declaration the CharterofUnitedNations,Universal fundamental and rights human all of individuals, as or Article 1 2. 1. hastherighttoanationality.Every indigenousindividual and strengthentheirdistinct havetherighttomaintain peoples Indigenous the have self-determination, to right their exercising in peoples, Indigenous By virtueofthat havetherighttoself-determination. peoples Indigenous arefreeand Indigenous peoples andindividualsequalto all otherpeoples Indigenous peoples have the right to the full enjoyment, as acollective enjoyment, the righttofull have peoples Indigenous Indigenous peoples have the collective right tolive infreedom,peace have thecollective peoples Indigenous have therightstolife,physicalandmental individuals Indigenous 59 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 4 and 7/17/2009 11:26:41 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia A/RES/61/295 maintain, protect, and have access in privacy to their religious andculturalsites;the maintain, protect,andhave accessinprivacytotheirreligious the rightto traditions, customsandceremonies; and religious and teachtheirspiritual Article 12 prior andinformedconsentorinviolationoftheirlaws, traditionsandcustoms. and spiritualpropertytakenwithouttheirfree, religious to theircultural,intellectual, may peoples, withrespect include restitution, inconjunctionwithindigenous developed performing artsandliterature. and historicalsites, artefacts, designs, ceremonies,technologiesandvisual as archaeological of their cultures,such future manifestations and the past,present customs. traditions and cultural develop protect and the righttomaintain, This includes Article 11 and, wherepossible,withtheoptionofreturn. on justandfaircompensation and afteragreement concerned peoples the indigenous shall takeplacewithoutthefree,priorandinformedconsentof territories. Norelocation Article 10 a right. or nation concerned. No discrimination of any kind may arise from the exercise of such community ornation,inaccordancewiththetraditionsandcustomsof Article 9 ethnic discriminationdirectedagainstthem. violating orundermininganyoftheirrights; their lands,territoriesorresources; integrity asdistinctpeoples,oroftheirculturalvaluesethnicidentities; redress for: to forcedassimilationordestructionoftheirculture. Article 8 1. 2. their revitalize and practise to right the have peoples Indigenous 1. shallnotbeforciblyremovedfromtheirlandsor peoples Indigenous have therightto andindividualsbelonganindigenous peoples Indigenous Anyformofforcedassimilationorintegration; (e) (d) (c) (b) (a) 2. 1. Indigenous peoples have therighttomanifest, practise,develop peoples Indigenous States shall provide redressthrougheffective mechanisms,which Any formto of designedpromoteorinciteracial propaganda transfer whichhastheaimoreffectAny formofforcedpopulation of or effectthe aim has which Any action them of ofdispossessing has theaimoreffectAny actionwhich them oftheir ofdepriving effectiveStates shallprovide of, and forprevention mechanisms have therightnottobesubjected and individuals peoples Indigenous 60 7/17/2009 11:26:41 AM Book.indd 61 A/RES/61/295 discrimination. own languages andto have accessto all forms of mediawithout non-indigenous Article 16 indigenous peoplesandallothersegmentsofsociety. among and goodrelations and topromotetolerance,understanding discrimination and eliminate peoplesconcerned,tocombatprejudice with theindigenous cooperation education andpublicinformation. in reflected appropriately be shall which aspirations and histories traditions, cultures, Article 15 their owncultureandprovidedinlanguage. living outside their communities, to have access, when possible,to an educationin measures, in order forindividuals,particularly children,including those indigenous levels andformsofeducationtheStatewithoutdiscrimination. manner appropriatetotheirculturalmethodsofteachingandlearning. in a in theirownlanguages, education systems andinstitutionsproviding educational Article 14 through theprovisionofinterpretationorbyotherappropriatemeans. understood in political, legal andadministrativeproceedings,where necessary is protected andalsoto ensure that peoplescanunderstandandbe indigenous communities, placesandpersons. andretaintheirownnamesfor writingsystems andliteratures, todesignate oral traditions,philosophies, theirhistories,languages, transmit tofuturegenerations Article 13 mechanisms developedinconjunctionwithindigenouspeoplesconcerned. objects andhumanremainsintheirpossessionthroughfair, transparent andeffective of theirhumanremains. objects; andtherighttorepatriation of theirceremonial right totheuseandcontrol 1. Indigenous peoples have the right to establish their own media in their in media theirown to establish the right have peoples 1. Indigenous 2. 1. 3. Statespeoples,takeeffectiveshall, inconjunctionwithindigenous 2. 1. 2. and develop use, revitalize, to right the have peoples Indigenous 1. of ceremonial the accessand/orrepatriation 2. Statesshallseektoenable States shall take effective measures, in consultationand have therighttodignityanddiversityoftheir peoples Indigenous particularlychildren,havethe Indigenous individuals, rightto all Indigenous peoples havetherightto establish andcontroltheir States shalltakeeffectivethat thisright to ensure measures 61 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:41 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia A/RES/61/295 health andsocialsecurity. of education, employment,vocationaltraining andretraining,housing,sanitation, interalia,intheareas andsocialconditions,including, improvement oftheireconomic Article 21 development areentitledtojustandfairredress. traditional andothereconomicactivities. freely inalltheir and toengage of theirownmeanssubsistenceanddevelopment, political, economicandsocialsystems or institutions,to be secureintheenjoyment Article 20 measures thatmayaffect them. or administrative legislative and informedconsentbeforeimplementing adopting concerned throughtheirownrepresentativeinstitutionsinorderto obtain their free, prior Article 19 indigenous decision-makinginstitutions. in accordancewiththeirownprocedures,aswellto maintain anddevelop theirown matters which wouldaffect their rights, through representativeschosenby themselves Article 18 discriminatory conditionsoflabourand,interalia,employmentorsalary. of educationfortheirempowerment. social development, takinginto account theirspecialvulnerabilityandthe importance education, ortobeharmfulthechild’s healthorphysical, mental,spiritual,moral child’s the with interfere to or hazardous be to likely is that work any performing from and exploitation economic from children indigenous protect to measures specific ake rights establishedunderapplicableinternationalanddomesticlabourlaw. Article 17 reflect indigenousculturaldiversity. adequately to media owned privately encourage should expression, of freedom full ensuring to prejudice without diversity. States, cultural indigenous reflect duly media 1. Indigenous peoples have the right, without discrimination, to the havetheright, withoutdiscrimination, peoples 1. Indigenous 2. 1. peoples faith withtheindigenous in good consult andcooperate States shall in indecision-making havetherighttoparticipate peoples Indigenous 3. 2. 1. 2. Indigenous Indigenous peoples deprivedof their meansof subsistence and Indigenous peoples havethe right to maintain anddeveloptheir havetherightnot Indigenous individuals to be subjectedto any States peoples shall withindigenous in consultationandcooperation andpeopleshavethe Indigenous individuals rightto enjoy fullyall States shalltakeeffectivethat State-owned to ensure measures 62 7/17/2009 11:26:41 AM Book.indd 63 A/RES/61/295 control the lands, territoriesandresourcesthattheypossess byreasonoftraditional control thelands, acquired. resources whichthey have traditionallyowned, occupied or otherwise usedor Article 26 responsibilities tofuturegenerationsinthisregard. their and touphold lands, territories,watersandcoastalseasother resources spiritual relationshipwiththeir traditionally ownedor otherwise occupiedandused Article 25 this of realization full the progressively right. achieving to view a with steps necessary take the and mentalhealth.Statesshall standard ofphysical attainable the highest without anydiscrimination,toallsocialandhealthservices. plants, alsohavethe animals and minerals.Indigenousindividualsright to access, to maintain theirhealthpractices,includingthe conservation of their vitalmedicinal Article 24 administer suchprogrammesthroughtheirowninstitutions. affectingand socialprogrammes and othereconomic to themand,asfarpossible, have the right to be actively involvedinanddetermininghealth,housing developing peoples particular,indigenous In development. to right their exercising for strategies Article 23 against allformsofviolenceanddiscrimination. enjoy thefullprotectionandguarantees women andchildren to ensurethatindigenous implementation ofthisDeclaration. of indigenous elders,women, youth, children andpersonswithdisabilitiesin the Article 22 women, youth,childrenandpersonswithdisabilities. elders, Particular attentionshallbepaidtotherightsandspecialneedsofindigenous measures to ensure continuing improvementof their economicandsocialconditions. 2. 1. their distinctive and strengthen the righttomaintain have peoples Indigenous 2. 1. havetherightto peoples determine anddeveloppriorities Indigenous 2. 1. 2. Indigenous peoples have the right to own, use, develop and have therightto own, use,develop peoples Indigenous have therighttolands,territoriesand peoples Indigenous right totheenjoymentof have anequal individuals Indigenous Indigenous peoples havetherighttoand their traditionalmedicines peoples, withindigenous States shalltakemeasures,inconjunction needs to therightsandspecial be paid attention shall Particular States shalltakeeffectivespecial measures and,whereappropriate, 63 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:41 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia A/RES/61/295 agreed withorrequestedby theindigenouspeoplesconcerned. freely otherwise or interest public relevant a by justified unless peoples, indigenous Article 30 are dulyimplemented. affectedby the peoples and implemented as developed peoples, bysuchmaterials, that programmes for andrestoringthe monitoring, maintaininghealthof indigenous peoples withouttheirfree,priorandinformedconsent. disposal of hazardous materials shall take place in the lands or territories of indigenous indigenous peoplesforsuchconservationandprotection, withoutdiscrimination. and resources. States shall establish and implement assistanceprogrammesfor capacity oftheirlandsorterritories and theproductive protection oftheenvironment Article 29 size andlegalstatusorofmonetarycompensationotherappropriateredress. in quality,equal and resources territories take theformoflands, shall compensation or damagedwithouttheirfree,priorandinformedconsent. otherwise occupied or used, and which have been confiscated, taken, occupied, used for the lands, territoriesandresources whichthey have traditionallyownedor or,restitution include compensation, just, fairandequitable this isnotpossible, when Article 28 this process. their to otherwise occupiedor used. Indigenous peoplesshallhave the right to participate in pertaining peoples indigenous of rights lands, territoriesandresources,thosewhichweretraditionallyownedor including the adjudicate and recognize to peoples’to indigenous recognition tenure systems, laws,traditions,customsandland a fair,concerned, due and transparentprocess,giving open impartial, independent, Article 27 customs, traditionsandlandtenuresystemsoftheindigenouspeoplesconcerned. shall beconductedwithduerespectto territories andresources.Suchrecognitionthe otherwise acquired. they have as thosewhich or use,aswell occupation or othertraditional ownership 1. 3. 2. 1. 2. 1. peoples withindigenous andimplement,inconjunction States shallestablish 3. Military activities shall not take place in the lands or territoriesof in the lands not takeplace Military activitiesshall States shallalsotakeeffectiveas needed, measurestoensure, States shalltakeeffective measurestoensurethatnostorageor Indigenous peoples havetherighttoconservationand Unless otherwisefreely agreed uponby the peoples concerned, have therighttoredress,bymeansthatcan peoples Indigenous States shall give legalrecognitionandprotectionto these lands, 64 7/17/2009 11:26:41 AM Book.indd 65 A/RES/61/295 rcie ad i te ae wee hy xs, uiia sses r utm, in customs, or systems juridical exist, they where accordance withinternational humanrightsstandards. cases the in and, practices institutional structuresand their distinctivecustoms,spirituality, traditions, procedures, Article 34 select themembershipoftheirinstitutionsinaccordance withtheirownprocedures. right ofindigenousindividualstoobtaincitizenship theStatesinwhichtheylive. with theircustomsandtraditions. in accordance membership the not impair This does Article 33 environmental, economic,social,culturalorspiritualimpact. measures shallbetakentomitigateadverse for anysuchactivities,andappropriate utilization orexploitationofmineral,waterotherresources. or territories and other resources, particularly inconnectionwiththe development, of anyprojectaffectingfree andinformedconsentpriortotheapproval theirlands peoples concernedthroughtheirownrepresentativeinstitutionsinorderto obtain their other resources. priorities andstrategiesfororuseoftheirlandsterritories the development Article 32 measures torecognizeandprotecttheexerciseoftheserights. knowledge, andtraditionalculturalexpressions. protect and developtheir intellectual property over such cultural heritage,traditional games andvisualperformingarts. They alsohavetherighttomaintain,control, and technologies properties sciences, of fauna and flora, oral traditions, their literatures, designs, sports and traditional of manifestations cultures, including humanand genetic resources,seeds, medicines, knowledgeof the the as well as expressions, cultural andtraditional knowledge and developtheirculturalheritage,traditional Article 31 activities. orterritoriesformilitary institutions, priortousingtheirlands their representative and inparticularthrough procedures appropriate peoples concerned,through Indigenous peoples havetherighttopromote, developandmaintaintheir peoples Indigenous 2. 1. 3. 2. 1. 2. 1. 2. Indigenous peoples have therighttodeterminestructuresand peoples Indigenous Indigenous peoples havetherightto determine theirownidentityor effectiveStates shallprovide fair redress forjustand mechanisms in goodfaithwiththeindigenous States shallconsultandcooperate have therighttodetermineanddevelop peoples Indigenous peoples, Statesshalltakeeffectivewith indigenous In conjunction have therighttomaintain,control,protect peoples Indigenous effectiveundertake States shall the indigenous with consultations 65 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:41 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 66

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia A/RES/61/295 rights. human andinternational concerned peoples systemsoftheindigenous rules andlegal to thecustoms,traditions, collective rights.Suchadecisionshallgivedueconsideration parties, aswellto effective remediesfor all infringements ofand their individual just and fair procedures for the resolution of conflicts and disputes with States or other Article 40 contained inthisDeclaration. of therights for theenjoyment cooperation, international through from Statesand Indigenous peoples have the right to have access to financial and technical assistance Article 39 Declaration. measures, toachievetheendsofthis legislative measures, including appropriate States in consultation andcooperation withindigenous peoples,shalltake the Article 38 other constructivearrangements. and in treaties,agreements contained peoples the rightsofindigenous eliminating agreements andotherconstructivearrangements. with States or theirsuccessorsandto have States honour and respectsuchtreaties, enforcement of treaties, agreements and other constructive arrangementsconcluded Article 37 of thisright. shall take effective measures to facilitate the exercise and ensure the implementation their ownmembersaswellotherpeoplesacrossborders. purposes, with andsocial economic cultural,political, activities forspiritual, including and cooperation, contacts, relations and develop borders, havetherighttomaintain Article 36 individuals totheircommunities. Article 35 Indigenous peoples have the right to access to and prompt decision through to accessandpromptdecision the right have peoples Indigenous 2. 1. 2. 1. of have therighttodetermineresponsibilities peoples Indigenous Nothing in this Declaration may be interpreted as diminishing or may beinterpretedasdiminishing in thisDeclaration Nothing Indigenous peoples havethe right to the recognition, observanceand peoples, States, withindigenous in consultationandcooperation by international peoples,inparticularthosedivided Indigenous 66 7/17/2009 11:26:41 AM Book.indd 67 A/RES/61/295 equality, non-discrimination,goodgovernance andgoodfaith. of justice, democracy,with theprinciples in accordance respectforhuman rights, and formeetingthejustmostcompellingrequirements ofademocraticsociety. of securingduerecognitionandrespectfortherightsfreedomsothers purpose for the solely strictly necessary and be non-discriminatory Any suchlimitationsshall human rightsobligations. determined bylawandinaccordancewithinternational as are only tosuchlimitations be subject shall the rightssetforthinthisDeclaration of exercise The respected. be shall all of freedoms fundamental and rights human territorial integrityorpoliticalunityofsovereignandindependent States. authorizing as construed or Nations or encouraginganyactionwhichwoulddismember or impair, totally orinpart, the United the of Charter the to contrary act any any State, people, grouporpersonanyrightto engage in any activityorto perform Article 46 the extinguishing or diminishing rights indigenouspeopleshavenowormayacquireinthefuture. as construed be may Declaration this in Nothing Article 45 female indigenousindividuals. and male to guaranteed equally are herein recognized freedoms and rights the All Article 44 and well-beingoftheindigenouspeoplesworld. The rights recognized herein constitute the minimum standards for the survival, dignity Article 43 effectiveness ofthisDeclaration. promote the up follow and of thisDeclaration oftheprovisions application for andfull respect shall States and level, country the at including agencies, specialized and Issues, the PermanentForumonIndigenous The UnitedNations,itsbodies,including Article 42 indigenous peoplesonissuesaffecting themshallbeestablished. financial of of alia, realization inter mobilization, full the assistance. Waysand technical cooperation of participation andmeansofensuring through the Declaration this to of contribute provisions the shall organizations intergovernmental other Article 41 3. Declaration, present the in enunciated rights the of exercise the In 2. 1. and system Nations United the of agencies specialized and organs The The provisions set forth in this Declaration shall be interpreted be shall this Declaration set forthin The provisions for may beinterpretedasimplying Nothing inthisDeclaration 67 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:41 AM

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ANNEXURE 4 NEwSPAPER REPORTS/ARTICLES MASING SNIPES AT DAM CRITICS

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK relevant experts,itcouldalways findtheexpertsfromoutsidecountry. issue and He saideventhegovernmentdidnothaveability tounderstandenvironment being irresponsibleandcarelessabouttheenvironment. Masing saidheregrettedthat certain fellowMalaysianshadaccusedthe government for he asked. energy.“Hydro poweriscleanandcheaprenewable it?” As wehaveitwhydon’tdevelop qualified andcarefulinthismatter. “Weare equally the issue.Ourleaders else inunderstanding areasgoodanybody environment. government is a responsible oneand it is mindful of any impact of any development onthe as theSarawak iswrong to assumethatwedonotcarefortheenvironment “For people “And moresowhentheyaretobuildinscarcelypopulatedareas. “To me,thegovernmenthasrighttobuildhydrodams. look forallovertheworldandonecouldfindthatinSarawak. which people energies He pointedoutthathydropowerwasoneofthecleanestrenewable “They maynotknowbutwe(government)do,”hesaid. judge otherswhennotknowingwhattodo. is forthemtosometimesanddonot My challengeberesponsible “Be moreresponsible. challenge. yesterday,When metatafunctionhere them a to pose like he would said Masing should befairandavoidusingthatkindofincentive(makingnoise). Believing that the activists did not understand the actual issueat hand, Masingsaidthey who isPartiRakyatSarawak(PRS)president. If theydonot‘cakap-cakap’“They just‘cakap-cakap’. be nofund,”saidMasing, therewould their sponsors. judgments aboutthedamsjust to ‘cakap-cakap’ (makenoise)inordertogetthefundfrom were makingunfavorable when makingcriticisms,saidthosepeople to beresponsible the environmentalist Minister DatoSriDrJamesMasing,inreminding Development Land proposed buildingof12hydro-electricitydamsinSarawak. KUCHING: Another state leader has lashed out at certain environmentalist who criticized the On 2nd Posted ByRajlira August 2008@10:00InLocal Masing snipesatdamcritics http://www.theborneopost.com/?p=39286&print=1 Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia Environmentalists shouldberesponsibleandunderstandissueathand 70 7/17/2009 11:26:42 AM Book.indd 71 Articel printedfrom The BorneoPostOnline: an include also would needs extension totheBatang Ai dam. individualization future meet to seeks also which plan The Belepeh, Lawas,Limbang,Baram,MurumandLinau rivers. Besides Tutoh, theotherproposeddamsarelocatedatUlu Air, Metjawah, Belaga,Baleh, environment andwildlifealsothedisplacementof theruralpeople. lead tothedestructionofBorneo’sthat thedamswould They arealsoworried natural were built. Among otherthings,they questioned the impact on Mulu NationalPark, if the Tutoh dam by theenvironmentalists. The government’s plan to build the 12 hydro-electricity dams in Sarawak have been criticized view orconcernsbutfailedtoconsiderotheraspectsincludingeconomicprosperity. He said criticisms, particularly from the environmentalists, onlyfocusedontheir own pointof independence anniversary. of people the benefit to thestate’s inconnection for themedia interview a special he saidduring Sarawak, 45th then would which economy the enhance would development Such he couldnotallowasmallgrouptodecideonthebettermentandfutureofpeople. that he said,adding its impactontheenvironment,” and development to weigh “And wehave “They voicetheirconcernsbutthegovernmentdecides. to furtherdevelopitseconomy,” hehadsaid. the governmentwhodecidedonhowbesttochartercourseofstate’s futureandalso in be thepeople but itwould mighthavetheirsayontheenvironment The environmentalists sometimes destructive,comingfromtheactivists. the constantcriticisms, despite development go onforthesakeofeconomic dams would Sri On July30,ChiefMinisterPehin Abdul Taibsaid the12hydro-electricity Mahmud would neverneglecttheaffected peoplebecause“afterallthey areourpeople”. resettlement occurred,thegovernment Masing, whoisBalehassemblyman,saidshould He saidresettlementwasnotanissue. electricity –wassituatedinanareawheretherewerenopeople. But heassuredthattheso-calledBalehdam–whichcangenerate1,400megawattof go on,Masingsaiditmightsometimesbeinevitable. On the environmentalists’ fear that rural peoplewoulddisplacedshouldsuchdevelopments about theenvironment,”ministersaid. caring not of us accuse should nobody But brain. the buy we (experts) brain the have don’t “if we don’thavetheability(to understand), webuyitfrom (knowledge) somewhereorif URL toarticle:http://www.theborneopost.com/?p=39286 http://www.theborneopost.com 71 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK website dedicated to the international forum, it was discovered by Switzerland-based NGO Switzerland-based by discovered was it forum, international the to dedicated website penan benalihbaramblockade loggedforest ‘accidentally’280807 barrenPublished on the of power. the potentialtogenerateatotalof20,000KW According to Abdul Aziz, Sarawak’s rivers have Nanning, China. Forumin and Development Cooperation Power October lastyearattheChina-Asean director managing (SEB) Abdul in Husain Aziz EnergyBerhad made bySarawak presentation The document appearedto be aslide available onaChina-basedwebsite. 2020 - which includethe2,400MWBakundam- was unwittinglyrevealedindocumentmade Sarawak’s bold ambition ofacolossal7,000MW generating of electricity between2008and Document madepublic‘accidentally’ conglomerate ownedbyfamilymembersofChiefMinister Abdul Taib Mahmud. The mega-smelterisajointprojectbetweenRio Tinto andCahyaMataSarawak,a be transportedtoPeninsularMalaysiathroughunderseacables. Rio multinational by mining an aluminumsmeltertobebuiltinBintulu Tinto,the restwill while by consumed be to expected is dam Bakun controversial the by produced power the of Half industries andforexport-bothtoPeninsularMalaysianeighbouringIndonesia. While the state does not need more power, it hopes to generate electricity for energy-guzzling Fauwaz Abdul Aziz |Jun19,081:46pm Sarawak’s 12newdamsalarmenvironmentalists NEwSPAPER REPORTS/ARTICLES ANNEXURE 4 http://www.malaysiakini.com/print.php?c=news&id=84715 Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 72 of indigenouspeoples. of thousands oldest -andtheforciblerelocation rainforests - considered asoneof the world’s who fearfurtherdestructiontoSarawak’s has notbeenmadepublic,irkedactivists project in sarawak 180608The boldplan,which sarawak energyboardslideshowhydropower environmentalists. power,course with puttingthestateinacollision hydroelectric its harness to decade next the in 12massivedams to build Sarawak hasproposed 7/17/2009 11:26:42 AM Book.indd 73 network ofcaves. extensive its and biodiversity its of because site heritage world a as (Unesco) Organisation Cultural and Scientific Educational, Nations United the by listed is Park National Mulu The 220 megawattsdamonthe Tutoh riverinnortheasternSarawak. Mulu NationalParkmayalsofallvictimwhenpartsof it will besubmergedundertheplanned treasures suchastheworld-renowned riverNational 030508 appeal mulu gunung berawan environment,” warnedBMFinapressstatement. communities livinginBorneo’sindigenous unique tropicalrainforest affect adversely will dams proposed the of all that expected be to is “It traditional landsandhavetoberelocatedelsewhere. hundreds proceed, to of Sarawak’s native communitiesinSarawak’s interior willlosetheir is “excessive”, as BMF by described plan, the penan loggingblockade220606 headman panaiirang and familyIf for anotherdozenofhydropowerplants. Understandably, thestategovernment’sfear theworstonhearing environmentalists proposal Malaysia –Present&FutureDevelopment’ -hadexisted,butcannolongerbefound. APower Plantsin such adocument-entitled‘Chinese quicksearchontheInternetrevealed available ontheorganisation’s website[availableasPDFfile]. to makeacopyanditisnowmade was takendown,BMFable But beforethedocument has sincebeenremoved. spent six years with Sarawak’s Penan and subsequently went missing in 2000, the document to BMF,According Manser who Burno set upbySwissenvironmentalist anorganisation Bruno ManserFonds(BMF). http://www.malaysiakini.com/print.php?c=news&id=84715 73 h sz o Snaoe n displaced and Singapore 10,000 indigenouspeoples. of size the out aswatchofrainforests dam -wiped dam -theregion’sBakun billion largest of theRM3.2 damThe construction bakun project insarawak180608 hydropower board slideshow sarawak energy be completedin2010[seemap]. is to from Bakundam,which plants, aside specific locations of the 12 new hydropower document providesthe The 48-page Mulu NationalParkatrisk Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK http://www.malaysiakini.com/print.php?c=news&id=84715 Malaysiakini yesterday. told Chiew their righttoland,” communities the indigenous deny “Also wecannot undersea cablestoPeninsularMalaysiawouldresultintremendouswastage. electricity through700kmof that delivering added The Kidurongstateassemblyperson put theinterestsofSarawakpeoplebeforethosemultinationalcorporations. state DAPMeanwhile, should Chin Singsaidthestategovernment Chiew deputychairperson NoneofSEB’s topofficials, including Abdul Aziz,couldbereachedforcomments. price fortheproductionofexportenergy”. to paythe that thenatives,asinpast,arelikelytobe“doomed The NGOalsodecried participation intheenvironmentalimpactassessment(EIA)process. pointing out that doesnot Sarawak legislationobligatedevelopersto include public forest matters, and land in of transparency for itslack thestategovernment BMF slammed No publicparticipationinEIAs Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 74 7/17/2009 11:26:42 AM Book.indd 75 traditional sources. Bakun’s unresolvedproblems been acceleratedbecauseofrisingfuelcostsandtheglobal demandforcleanairandenvironment. announced planstoharnessitshydro-powerpotentials,amovethat has the Sarawakgovernmenthas Sarawak, Malaysia’slargest rivers, and by criss-crossed Borneo, is the northerncoastof statelocatedon generation capacityof7,000MW. While Sarawak’s energy consumptionamountedto1,120MW in2005,thenewprojectshaveapower Bornean rainforestandwouldhavetoberelocated. If theseplansweretoberealised, severalthousandnativeswouldlosetheirtraditional lands inthe Sarawak from2008to2020. The proposed Tutoh dam is partofSEB’s controversial to build12newhydropowerprojects in Unesco World HeritagesitesinMalaysia. dam wouldsubmergeThe proposed one ofonlytwo Mulu NationalPark- partsoftheGunung Sarawak Energy Berhad’s (SEB)plantorealizea220MW damonSarawak’s Tutoh river. The United Nations Educational, Scientific and Cultural Organisation (Unesco) has sought clarification Tony Thien |Jul5,083:35pm Unesco queriesdamplaninSarawak of lackamenitiesandsuitablelandforcultivation and lossofincome from they complain natives as resettlement about10,000 unresolved problemsfollowingtheof yet-to-the-completedEven the 2,400MWfacing manylong-standingand is Bakun Dam lead tothedisplacementofmanynativesfromtheirtraditional lands. Like theexistingBatang Ai andBakundams,itisalsofearedthatthenewdamwill http://www.malaysiakini.com/print.php?c=news&id=85627 75 made public by the BMF,made publicby was recently shown has which document, confidential leaked A stated thisinanemailtoMalaysiakinitoday. sarawak damproject050708tutohdamBMF based Bruno-ManserFund(BMF). UN organisation confirmed to the Switzerland- the Paris-based of spokesman Heritage site,a plans atGunungMuluNationalPark World any furtherinformation on thehydropower ‘to clarify thesituation and provideuswith June 25wantedtheMalaysianauthorities The Unesco World HeritageCentrehadon affect aworldheritagesite. said to controversial damprojectinSarawak from Malaysianauthorities concerning a Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK Book.indd 76

SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK will goon,perhapsonare-scheduledimplementationplan.” a little,”said,addingthat“theplannedprojects down industrysources may slow look things “It does in Bintulu. short periodoftimetotakeupalltheavailable energy, afterthestartofproposedsmelter plants a within industries energy-intensive find could Sarawak that unlikely is it as Sarawak in dams hydro Without the undersea cable link, it would bemeaningless to embarkonthe development of somany Up tonow, hehadnoideawhothatwouldbe. in Miri recently that the government would have to find a new company to take over from Sime Darby. leo moggie03Tenagathis, toldMalaysiakini chairperson LeoMoggie,commentingon NasionalBhd mainland. from SarawaktoPeninsularMalaysiabringtheexcesspowerBakanandfuturedams it ispullingoutandthishasthreatened to delaythestartofconstructionunderseacable Sime Darby, amajorplayerinthedevelopmenthydroelectricannounced of damproject,has http://www.malaysiakini.com/print.php?c=news&id=85627 Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 76 7/17/2009 11:26:42 AM Book.indd 77 Their lawyers,includingPKRstateassemblypersonDominique Ng,willbepresent. eviction orders. a be holding specialmeeting todayinKampungSambop to discuss issuesrelatingto the natives, mainlyfromtheethnicKayanandKenyahtribeswould a fewhundred Meanwhile, leased landsgrantedtotwoplantationcompanies-Shin Yang andEkranPlantation. cables forBakundamaswellpartofthe transmission the constructionofoverhead for by thegovernment now required part oftheland It islearntthattheyareoccupying by theevictionorder. In total, five Orang Ulu settlements, including Uma Apan and Kampung Sambop, are affected report onthematterandhassoughtpoliceprotectionfromfurtherencroachment. from Representatives theUmaJumanvillageaffected byhaslodgedapolice demolition authorities. from would beraisedincourtandthevillagersseekcompensation demolished farms and of houses for thenumber of compensation that thequestion See toldMalaysiakini Compensation sought the BakunDamareaarealsoapplyingtosetasideevictionnotice. Twofor otheraffected- areacting Baru Bain and How otherlawyers-SeeChee in villagers had beenforthcomingtotheKayanfamilies,addedRajah. Dr JamesMasing,nocompensation minister development Contrary toclaimsbystateland customary rights(NCR)overthelandwhichtheyhavesettledonformorethancentury. native claiming year, last November in authorities the against summons of writ a filed had that hisclients told Malaysiakini 41 Kayanfamilies who isrepresenting Paul Rajah Counsel The authoritieshavebeenservedwiththeinterimcourtorder. community. and farmsoftheKayan houses by demolishing of thepolice it withthehelp had enforced The land andsurveydepartmenthadobtainedthe eviction orderinOctober last year and High CourtjudgeSangauGunting,pendinghearinginthreeweeks. Bintulu of chambers the in afternoon yesterday late obtained was injunction ex-parte The eviction ordertovacatethelandonwhichtheyhavenearsiteofBakundam. The KayancommunityofUma an to setaside an interiminjunction Apan have obtained Tony Thien |Jul19,087:07pm Injunction obtainedagainstevictionfromBakunarea http://www.malaysiakini.com/print.php?c=news&id=86432 77 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK http://www.malaysiakini.com/print.php?c=news&id=86613 12 newdams in theBorneanrainforestandwouldhavetoberelocated,” itsaidinastatement. “If these planswere to be realised,severalthousandnativeswouldlosetheirtraditionallands project wentahead. But BMF park wouldhavetoberelocatedifthe said ethnic groupswholiveinthenational was “necessarytomeetenergydemandsinthestate”, accordingtotheStardaily. Salang Gandum said the proposed Tutoh dam by state energy firm Sarawak Energy Berhad joseph salanganakgandum00DeputyEnergy, WaterMinister Joseph andCommunications the park.” “If there is a change withoutconsent... then Unescocan revoke the heritage site listing for far andithasbeenamonth,”hesaid. “It has askedtheMalaysiangovernmentto clarify thisbuttheyhavenotreceivedareplyso chairman oftheCentreforEnvironment, Technology andDevelopmentMalaysia. changes should be done inthe area without priorconsentfrom Unesco,” saidGurmit Singh, is thatnoboundary site listing the heritage under gurmit singh”Oneoftherequirements of palms,accordingtotheUnescowebsite. The sensitive 52,864hectarepark contains some 3,500 speciesof plants with 109 species Jul 23,081:37pm Dam mayaffectUnescoheritagelisting Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia generating capacityby600 percentin2020. with the2,400megawattBakun Damproject,willincreasethestate’s totalpower The Tutohprojects inSarawakand damispartofplansfor12newhydroelectric cave of millions to home are that swiftlets andbats,itsaid. caves explored of 295km least at containing The parkisdominatedbyGunungMulu,a2,377metrehighsandstonepinnacle 78 the UNculturalbodyUnesco. Heritage status revoked under theregulationsof boundary of the park,whichcouldseeits World wouldchangethe Activists warnedthedamage group theBrunoManserFund(BMF). on the Tutoh saidSwiss-based riverwentahead, plant hydropower megawatt 220 if theproposed Mulu National Park in Sarawak would be flooded tutohdamPartsof dam project050708 sarawak National Park,environmentalistswarnedtoday. threatens theWorld statusoftheMulu Heritage Sarawak’s plantobuildahydroelectricdam 7/17/2009 11:26:42 AM Book.indd 79 electricity topeninsularMalaysiaviaunderseacables.” the bring to costly very be power,would (excess) it much that generate could they if “Even aluminium smelterthestatehasplannedtobuildright now,” Gurmitsaid. “The projects...arenotsustainable. for the be enough Dam would The currentBakun However, environmentalists disagreewiththegovernment’s forecast. needs. Malaysiato output transferredtopeninsular helpmeettherestofcountry’s energy Power from the 12 new hydroelectric projects will meet this increased demand, with excess power, thepaperreported. more need will which industry smelting aluminium the expand to plans government the but Currently, the state’sof 933megawattsisenoughtomeetitsdailyneeds, powerproduction sarawak damprojects050708 http://www.malaysiakini.com/print.php?c=news&id=86613 79 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK http://www.malaysiakini.com/print.php?c=news&id=86613 2000, asuspectedvictimoffoulplay. Manser,to protecttheirwayoflifeandfendoff whocampaigned in theloggers.Hevanished activist Bruno by environmental famous inthe1990s made was of thePenan The plight Penan tribe,anomadicpeoplewholiveoff theforestsinBorneo. the indigenous Some 10,000residentshavehadtoevacuatethe project site,including Bakundam of the impact project inSarawak,whichinvolvesfloodinganarea the sizeofSingaporeisland. the environmental over criticism fierce faces already Malaysia program its officer StevenNgtoldmalaysiakini. land,” their to right their as acknowledged and identified have covenants and treaties ofwhatinternational are facingdeprivation “It peoples is veryunjustthatindigenous “foodsecurityandsovereignty”wouldalsobeunderthreat. local communities,thelatter’s andeducation Workers’ advocacygroup Tenaganitaof displacement than theimpending that other added oftransportation thefunding through people projects. the benefit better could Zabidi, Azrul meanwhile, said rather than‘subsidising’ officer the aluminium and otherindustries,the government research policy (SAM) Malaysia Alam Sahabat group Environmental added. he by Sarawakians,” consumed that iscurrently of energy three timestheamount generate dams sinceBakundamhasthecapacityto 12 additional “It makeslittlesensetobuild climate change,whichisprojectedtocausewaterscarcityandeco-systemdisruptions. threats suchas environmental factor inimpending “At thesametime,itfailstoadequately undertake sustainabledevelopment,butthereareverylittlesignsofthat. principles of sustainable development.Malaysiahas committed to the Rio Declarationto “It strategythatandinconsistentwiththe illustrates anenergy-planning issupply-driven policies” intheabsenceofacomprehensiveandintegratedenergypolicy, headded. The issue reflected the “short-sightedness and gaps in the nation’s energy and environmental he said. “The people of Sarawak doe not need this much energy. The energy-guzzling industries do,” on thepeninsula. producers and other “energy-guzzling” industries and not the local communities or end-users aluminium the were project dam huge the by targeted beneficiaries actual the that apparent was it said Gurmit Aziz, Abdul Fauwaz reports afternoon, this held conference press a At The actualbeneficiaries Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 80 7/17/2009 11:26:42 AM Book.indd 81 environmental impactoneach oftheplannedhydrodams,headded. Therefore, it is necessary to undertake socio-economic studiesaswell on Land destroyed,peoplesuffer (SEB) tobuildthedamswithassistancefromChinesegovernment. Energy Berhad Sarawak public-listed on state-owned was commenting The PKRleader he toldMalaysiakinitoday. disastrous forthestate,” be environmentally people butalsowill many indigenous displace mass and land a big systems, takeaway riverine not onlydestroyalotofthenatural would and buildthedamsacrossSarawak,it that ifweweregotoahead believe “Many people Tony Thien |Jul26,081:22pm Conduct studiesondamsfirst rights (NCR)landandthenumberofpeoplewhowould bedisplaced,”hesaid. many rivers, not to say the extent of the land mass which affects native customary “Building 12newdamsto produce 7000MWof electricity meansthe cutting of electric damsinSarawak. hydro- 12 of series a build to ahead going before first studies (EIA) Impact the importanceofcarryingoutEnvironmental Assessment section), stressed chief (Dayak thestatePKRdeputy Bawin, Nicholas sarawak damproject050708tutoh today.to thestategovernment PKR leader Sarawak from asenior Carry out EIA studies first before building the dams - this was the call http://www.malaysiakini.com/print.php?c=news&id=86775 81 displaced indigenousgroups. affected andthesufferings ofthe shown the extent of the land mass the 600MWBatang Ai dam-had under constructioninBakun and dams -the2400MWdamnow existing two the with experiences (SDNU), saidthe Union National Dayak of theSarawak president sarawak 180608Bawin,a former project in show hydropower energy boardslide sarawak in twoyears’ time. oftheBakundam the completion Bakun, likelytotakeplaceafter billion 900MWMarundamabove the RM3 to build proposals put forward hasalready of China River GorgesProjectCorporation Malaysiakini learntthat the Three Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK http://www.malaysiakini.com/print.php?c=news&id=86775 the law. that is the taking of NCR landwithout prior consultationandwithoutcompensation,is within as landgrabinSarawak, what hasbeendescribed that thenativeshavedonetooppose “This isademocraticcountry,that everything wecanjoinwhoeverwant,”hesaid,adding Baru Biansaidthebestwayistoletpeopleand worldjudgewhattheydo. In response toJabu’s comments,oneof native customarylandrights the lawyersdefending to addresssuchissues. criticisms fortheirfailure increasing have comeunder Jabu andMasing, especially leaders, that someDayak and dialogues and meetings PKR, inlonghouse of theopposition attention Lately,the focusof been matters, have land on NCR especially policies, stategovernment people tohatethegovernmentbyplayinguponsuchissues. the and theyarenowinstigating leaders to become he said,areonlykeen These people, who havejoinedPKRrecentlyandarenowouttodefendNCRlands. Meanwhile, DeputyChiefMinister Alfred Jabualsohit back at those Dayak professionals back. his mouth,” “He (GurmitSingh)shouldmakeacarefulstudybeforeopening Taib lashed Same oldtune dam isfarawayfromthesiteandwillnotaffect theMuluNational Park. yesterday, saying thedoesnot environmentalist know what he is taking aboutas the Tutoh But Sarawak ChiefMinister Abdul Taib Mahmuddefendedhis government’s decision Unesco World HeritageSite. the proposed criticise Tutohwill affecthe said which damproject Park, a National theMulu Gurmit environmentalist Singhalsocameoutstronglyto well-known gurmit singhMeanwhile, few financially. a benefit only and people many so affect adversely to going are dams the if reasons, for economic so manydamsinSarawak also opinedthatthereisnoneedtobuild Bawin Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia minister said. here, thechief is like what thecondition without knowing Sarawak someone inPenangcomesup to sing the same oldtune and criticise trying toovercomethisand has been world in shock“The taib mahmud depleting energyresources,particularlyfossilfuel. Sarawak’s conditions andits future direction. Hesaidthe world is facing Taib saidcritics are playing‘thesameoldtune’ and are ignorant of 82 7/17/2009 11:26:42 AM Book.indd 83 briefing inChinaearlythis year. Itshowedplansfortheproposeddams. He thankedtheBruno-ManserFund(BMF) for obtaining SEB presentation materialat a have stayedasecret. owned Sarawak EnergyBhd(SEB)’s plan to develop the 12 hydro-powerplants, it would See soundedthat if foreign NGOs and localactivistsdid notdiscoveranddisclosestate- NGO disclosures poverty alleviationprojectsinruralareas,manyremain underthepovertyline. many that despite said rationale, and the chiefminister’s activist questioned The social expected tobecompletedintwothreeyears. withacapacity AmanDivision, Sri in Ai of 600MW. BakunDamisatadvancedconstructionstagesand 2400MW The second atBatang is dam hydroelectric first state’s The be passedtoPeninsularMalaysiaviaanunderseacable. Bakun andMurumfor immediate implementation.It was recommendedthat power should Further studies - including master plan studies - in the 1970s identified dam sites - including sites. dam suitable 50 than more identified already , 1960s early the in TechnicalPlan Aid Plan Colombo a under group engineering Australian an by out carried first studies power hydro that initial committee member-toldMalaysiakini andstatePKRliaison See -alawyer people, andthatprotestsdon’tsolveeconomicproblemslikehungerpoverty. Taibon thebettermentof to decide group a small not allow also that hewould added “They voicetheirconcernsbutthegovernmentdecides.” from certainactivists.” destructive, coming the criticisms,sometimes despite development the sakeofeconomic “for go onahead will capacity collectively 7,000 MWproduction He saidthe12damstotalling the state’s futureandalso tofurtherdevelopitseconomy”. how besttocharterthecourseof who decide in thegovernment be thepeople but itwould may havetheirsayontheenvironment that “environmentalists as saying newspapers local taib mahmudTaibissue 190608 sapp sabah mt meeting council bn supreme in wasquoted Tony Thien |Jul31,087:01pm Sarawak CMirksactivistoverdams as wellkeepbuildingondams. dams - the 12 new dams they plan to build in the next 12 years - they might from electricity export to planning was state the if that said How Chee See not stopwiththeirdambuildingcraze. Mahmud’s rebuffthat thestateneed sardonically - said ofenvironmentalists AMinister to hisChief activist -inreference social Sarawak Abdul Taib http://www.malaysiakini.com/print.php?c=news&id=87076 83 Suruhanjaya Hak Asasi Manusia Malaysia Human RightsCommission OfMalaysia 7/17/2009 11:26:42 AM

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SUHAKAM’S REPORT ON THE MHP AND ITS IMPACT TOWARDS THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF THE AFFECTED INDIGENOUS PEOPLES IN SARAWAK http://www.malaysiakini.com/print.php?c=news&id=87076 is alsostatePKRliaisoncommitteedeputychairperson. rights lands,communitiesdisplacedandreductionofwaterquality, toBawinwho according amountoflandmassusedwhichencroachnativecustomary Main concernsaretheenormous going aheadwithdamconstructions. before first studies assessment impact environmental and socio-economic out carry should Athat thegovernment Bawin lastweektoldMalaysiakini Dayak activistNicholas localleading concentrating onenhancingenergyefficiencyandconservation,Seesaid. in theWest,Many countries,especially aremovingaway fromhydrodamsandinstead company NaimCendera-whichhascloselinkstostateleaders. public-listed and hasteamedupwithalocal near Kuching dam inBengoh a muchsmaller Sino-Hydro is already inSarawak, involved inthe construction of the Bakun damas well as final decisiononthematter. cabinet’s state the awaiting keenly are companies both from officials that known further is It located slightlyaboveBakunincentralSarawak. 950MW Murumdam, to bidfortheRM3billion - arecompeting and Sino-Hydro Corporation - companies today thattwoChinese learnt Malaysiakini Project Three GorgesHydro keep vitalinformationfromthepublic. and transparent,not be responsible should The PKRmansaidthatthegovernment Human RightsCommission OfMalaysia Suruhanjaya Hak Asasi Manusia Malaysia 84 7/17/2009 11:26:42 AM Book.indd 85 7/17/2009 11:26:42 AM