Logging in promised biosphere reserves must be stopped
immediately
The Sarawak State government has made a number of public
statements since l987 claiming to have taken steps to set
aside two larger forest areas in the state as "biosphere
reserves" for about 400 nomadic Penan to live in.
This was in response to actions by various native
communities throughout Sarawak who have been forced to
blockade logging roads and activities which encroached into
and damaged their native customary land, communal forest,
crops, burial grounds, water catchment areas and polluted
their rivers and water supplies.
The State government had also publicly stated that these two
forest areas which are in the interior areas of Tutoh river,
Miri Division and Adang river in Limbang Division would not
be logged.
With such repeated statements being made, the public at
large are undoubtedly led to believe that at least the
nomadic group of four hundred Penans' wish to live their
chosen way of life on their land are respected by the state
authorities. Even though it is common knowledge that these
two forest areas have already been licenced to be logged by
various logging companies, it used to be thought that such
licences have been withdrawn or revoked in as far as the two
said forest areas are concerned.
No move to demarcate reserves - Logging continues
However, field investigations and reports from Penan natives
who are affected reveal that the local people are not aware
of any steps taken to set aside such areas as stated by the
state government. Furthermore, logging activities in the two
forest areas are actually going on more intensively and
extensively than before.
Workers from the various logging companies within those
areas and government officials from the State Forest and
Medical Departments, the regular police and Police Field
Force who frequently visit these areas confirm that logging
is going on there.
The Penans who live in these areas since time immemorial
also confirmed such logging activities, and report that the
forest resources there are fast depleting, while
river/water pollution due to soil erosion and siltation
resulting from the massive logging activities are now very
very extensive.
The Penans said they have repeatedly told the government
officials who visited them about their plight. They have
even shown the newspaper cuttings of the repeated official
public announcements of the biosphere reserves to government
officials and the logging companies. They continue to be
ignored.
The Penan Chiefs appointed by the state government, whose
administrative jurisdiction covers the two respective areas
of the interior of Adang and Tutoh rivers were totally
unaware of anything being done on the ground to set aside
these areas for their people.
Penghulu Wan Malong said, "as Chief of the Penans in the
Apoh/Tutoh areas I have not been informed about such a thing
or proposal." Kurau Kusin a government appointed Headman of
the Penan settlement of Long Kidah in the upper Tutoh river
also said, "I do not see much forest left or not logged in
the upper Tutoh. Everywhere we try to go to hunt, fish or
collect jungle produce in the whole of upper Tutoh area
logging companies are there carrying out logging
activities."
Along Saga the Penan Chief in the Adang river in Limbang
Division also reported the same. "Everywhere there are
logging activities except the small area adjacent to the
Fisheries station near our settlement where government
ministers sometimes come by helicopter for fishing.
Juing Lehan, President of the Sarawak Penan Association made
the same comment: "I have verified the reports I received
from our people in the upper Tutoh/Apoh and Adang areas. I
found that there are logging activities everywhere in the
areas concerned. Our Association has never been officially
informed or consulted on the setting aside of the two forest
areas for our people there. I myself never see any work
being done on the ground by any government official to
demarcate the boundaries of the areas to be set aside.
Therefore, we are sure that those are just empty promises by
politicians as usual."
Harrison Ngau, Member of Parliament for Baram when contacted
said, "I have tried to verify this matter with the officials
in the Department concerned but no one seemed to be able to
give me a definite answer as to whether the announcements
made by the government Ministers and officials on the
setting aside of these two forest areas for the Penans in
the areas concerned are really being implemented or enforced
on the ground. In fact, according to certain relevant
officials, there was really such a proposal already prepared
on paper and submitted to the authorities concerned, but to
date there is no official direction for its implementation
or enforcement on the ground.
"I have asked the Penans from these areas and I was told
they are not aware of any action on the ground in their
areas for the setting aside of the areas as reported.
"I have also written to the government department concerned
on the protection and setting aside of various critical or
important water catchment areas identified throughout
Sarawak as also repeatedly stated by the government. I have
not received any reply. As my office is closely monitoring
and compiling details on the situation especially in my
constituency, I have not received any report of any such
policy being implemented on the ground as well.
"I raised questions on this subject in Parliament but was
advised that it's under State Jurisdiction, so I hope our
State Elected representatives can help to bring this matter
up in the State Assembly.
The Penans are still hoping that the Sarawak State
Government would seriously and urgently implement the
proposal which they think could at least help to protect the
last few forest areas left in their areas."
Status of reserves also unclear
Since there is no express provision for biosphere reserves
in the laws of Malaysia or the state of Sarawak, any move to
demarcate forest areas for the Penans must be clearly based
on existing laws or if necessary, a new law to be enacted,
to ensure that the nomadic Penans are guaranteed *rights* to
those areas.
The current Forest Ordinance of Sarawak provides for the
setting aside of forest as *communal forest reserves* for
the use of native communities. However, these reserves have
shrunk over the past 20 years as the areas are released for
logging , and new applications have been put aside in favour
of logging activities.
The biosphere reserves announced by the state government,
even if they are to be gazetted as communal forest reserves,
would not be sufficiently protected by the existing law.
However, such a move is not even in evident. Sahabat Alam
Malaysia has written to the Sarawak Chief minister and the
Forest Department for clarification on the status of the
reserves and to ascertain is the forest areas are logged.
No reply has been forthcoming.
Constitution and official reports support Penan claims
A Report on "The effect of logging activities on the Penans
in Baram and Limbang Districts" undertaken by the State
Planning unit, the Forest, Agriculture and Medical
Departments in l987 clearly acknowledged that the Penans
have been adversely affected by logging activities in terms
of "reduction of food resources, reduction of raw materials
for making handicrafts such as mats, baskets and blowpipes;
pollution of streams and rivers resulting in deterioration
of quality of water and depletion of fish resources and
disruption of the life of the Penans as a result of
competition for forest resources with timber companies."
A recent report by the Sarawak Forestry Department also
stated that "the logging operators show little concern for
the need to reduce soil erosion and stream sedimentation and
did not appreciate that a good and healthy residual stand
would be necessary to ensure the continuity of harvesting
operations in the next cutting circle.Their primary
objective was to get into the logging area quickly without
spending too much money and taking out as many saleable logs
as possible. They were not worried at all about the need for
sustainable yield management and protection of the soils and
environment."
The National Economic Consultative Committee comprising
representatives, among others, all the ruling government
political parties and all the representatives of the
different ethnic groups in Malaysia in their report
submitted to the Malaysian Prime Minister in l99l also
stated clearly at page 215 that "serious consideration
should be given to the need of the Penans whose livelihood
greatly depend on the forest resources for their food,
medicines and income from handicrafts making. Their forest
areas should be protected for their use."
The natives of Sarawak are in law given special protection
under the federal constitution as far as alienation of land
is concerned. Although Article 8 states that all persons are
equal before the law and entitled to equal protection by the
law, Article 16A (5) qualifies this by providing that
Article 8 "shall not invalidate or prohibit any provision of
State Law in the State of Sabah or Sarawak for the
reservation of land for natives of the State or for
alienation to them or for giving them preferential treatment
as regards the alienation of land by the State."
There is therefore clear justification for the urgent and
serious need for the state government to act on its own
words to protect the forest areas occupied and sustainably
managed by the Penans since time immemorial.
Sahabat Alam Malaysia, July 1992