The Pil We Have to Take Mks
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Jan - March 2007 Vol. 4, Issue 1 The Quarterly Newsletter of the Malaysian Karst Society For members only THE PIL WE HAVE TO TAKE Inside this issue: Yin Ee Kiong We are not a litigious society. It amuses ignored. Crystal Theft! 3 as much as baffles us when we read of Investigated Current Prime Minister Abdullah Badawi people suing companies, each other, or said much the same but less eloquently. Mulu Expedetion 2007 3 even the government at the drop of a hat Those in power seem to have taken a leaf in the United States. Our culture is one of out of Mahathir’s trade mark response to ‘give and take’, being ‘chin chai’ and public concerns. But where has RECENT TRIPS 4 resolving issues quietly and privately. We ‘whispering’ got us? Many have tried and Six-mile Tunnel are taught not to be confrontational. By come away with nothing. Political parties Gua Ta’Boleh and large we do not question authority - Gua Angin in the ruling coalition have sought to especially the government. To challenge convince their grassroot supporters that COMING TRIPS 6 authority goes against the grain of what is more can be achieved ‘whispering’ behind still a very feudalistic society. It’s all well closed doors. Yet they have little to show and good in an ideal society where the for their trouble. Besides, where does all Karst Discovery 7 government is receptive to the society’s concerns. But what when the government this stand in the face of the promise by the is not? When it refuses to dialogue with government for more transparency and those who have expressed concerns for accountability? the issues that affect them. This is the kind of arrogance that a near Malaysia’s former Prime Minister, Dr. monopolistic hold on power engenders. MKS AGM (now Tun) Mahathir reportedly said, Our political masters demand the kind of “Whisper in my ear and I will listen.” The feudalistic obedience which the sultans 26 March 2007 insinuation is that those who shout their once did. The only difference is that the (Monday) concerns or make issues public will be politicians claim the mandate of the people – they have been voted into power. They 5.30 p.m. think success at the polls give them a blank cheque to do as they please. Hence there MKS Office is no need to heed the concerns of the 28 Tiger Lane, Ipoh citizens especially when they interfere with the government’s agenda. Ideally the Please view attached notice governed and those who govern should resolve issues through dialogue. But this is only possible if those in power want it. The Malaysian Karst Society (MKS) has tried to engage the government and the KARST NEWS quarry operators out of the media glare. NEEDS YOU! It has tried to get the other two parties together to discuss the problem of the The editorial is degradation of the limestone hills, only to constantly looking for be ignored. The MKS has reiterated time materials for KARST and again that it is not against the NEWS, so send in exploitation of our limestone resources those articles, photos, per se. What it wants is to work out with journals, etc. the government and the quarry operators a policy which will provide long term Karst News reserves the right benefits to all parties concerned. to amend materials received. Page 2 The Quarterly Newsletter of the Malaysian Karst Society Dialogue is the A policy which: the Mahathir years, are more independent. 1. Is sensitive to environmental Perhaps after three years of pleading and first step concerns – where damage to the begging to be heard (only to be ignored) forward in limestone hills with significant the MKS should consider another tack – finding a archaeological, biodiversity, speleological, Public Interest Litigation (PIL). As a non- heritage and cultural interest are halted. legal person it is not my position to solution.…… comment on the legal aspects of this kind 2. Encourages industry players to of action. However it is worth noting that Confrontation produce value-added limestone / marble public interest litigations in respect of products, i.e. various types of calcium is the action of quarrying operations in India have been power for industrial application, marble last recourse successful. I believe that there is a etc. Not mere construction aggregate for most NGOs heightened public awareness and concern (crushed stones). regarding environmental issues. The including the 3. Will continue to provide revenue recent action of bringing in ‘green’ fuel is a MKS. to the state from the exploitation of this tacit recognition by the government of natural resource. public concern for the environment. Indeed Federal Ministers have in the past 4. Will examine the Eco Tourism commented negatively about the State potential of the karst landscape as an Government’s management of the alternate source of revenue. limestone hills. If left to the Federal All four objectives are not mutually Government perhaps there would be a antithetical. We can save the hills while at greater willingness to talk. But land is a the same time allow commercial State matter and when the State has exploitation of the limestone resource. shown its unwillingness to discuss the problem with all parties concerned – not The MKS does not have all the answers just the MKS but surely other NGOs also, and neither does the government or the it leaves one no choice but to resort to quarry operators. Dialogue is the first step forward in finding a solution to this the PIL. problem. However unless the government The question is not whether one should is willing to lend an ear to the MKS to resort to public interest litigation: having ‘whisper’ into, there is nothing else it can exhausted all avenues for dialogue. The do but to raise the issue openly, even question is whether the MKS is able to confrontationally if necessary. afford such action. Public Interest Confrontation is the action of last Litigation is not cheap, but the cost of recourse for most NGOs including the losing the hills is immeasurable. MKS. To put it simply, only when there is no choice will confrontation be sought. Recent events have shown that put in an embarrassing situation authorities can be forced to change policies. The revelations by the Sun of the shenanigans by various local authorities and politicians have borne fruit – policy U-turns have been made and orders rescinded. In Sarawak, the concerted pressure by the natives have halted logging in the Gunung Gading reserve just outside Kuching, despite the powerful logging lobby. In this day and age, governments ignore NGOs or the public at their own peril espy when some papers and internet news are outside of direct government control. There is a feeling that even our courts, eager to reestablish their credibility since Jan - March 2007 Page 3 Crystal Theft! Investigated Hill Hugger MKS received a report from a concerned “from Thailand” he added. “These were member that crystals were removed from picked up in a quarry in Simpang Pulai”, local caves and put up for sale at Kwong indicating to the rocks which were opaque Fook Ngam, a Taoist cave temple at with brownish tint, far from the quality that Keramat Pulai, Ipoh. collectors sort for in crystals. The surface of these crystals were also blemished and After the visit to Gua Angin, we decided to damaged, tell-tale signs that they were investigate the alleged crystal theft. Fresh actually salvaged from the quarries as the out-of-cave, still stunk of guano, we vendor had claimed. He asked for RM300 approached the crystal vendor, a man in his for each of piece, considering their low 50’s. Amethyst crystal in vivid purple quality, it was outrageous! from Brazil. A few chunks of natural crystals that looked According to Liz Price, “Crystals are that they might have been quarried locally commonly found in our karst hills, they can were displayed plainly. “This is saltwater be easily salvaged at quarries.” But the crystal”, indicating to one of the pieces, quality of the crystals found in this region are not desired by collectors, they lack clarity, and usually comes only in brown or colorless, not very pretty. Karst here is just not ancient enough to produce high quality crystals in every imaginable color like the ones sold in shops, but if given enough time, they just might. In conclusion, our preliminary investigation yielded no evidence of crystals removed A crystal sample from a quarry in from caves were being sold at Kwong Fook Simpang Pulai. Typical of Ngam, evidence collected confirmed that crystals found in Ipoh, it lacks Crystals of suspicious origin displayed on sale. the crystals sold there were salvaged. luster, clarity, and color. Mulu Expedition 2007 Liz Price A team of 16 British cavers were in Southern Benarat and Northern Api. A makes the Cobweb Cave System 50.5 km Gunung Mulu National Park in January total of 25.8 km of cave were explored and long, the second longest cave in the Park 2007, to continue their series of surveyed and the total length of the and currently fiftieth longest cave in the expeditions. Clearwater Cave System was extended to world. The total length of passages 151.4 km confirming its current status as Following the success of the Benarat 2005 explored within Moon Cave was 3.7 km. tenth longest cave in the world. Expedition, where most of discoveries made were actually in Mount Api and not Whiterock Cave in Mount Benarat, it was decided to name Moon Cave the 2007 expedition Mulu as this covers At the end of the 2005 expedition At the end of the 2005 expedition two numerous large passages had been left both areas.