Part 1:
BERAWAN STRUGGLE IN MULU PARADISE, SARAWAK
Fighting an increasingly difficult battle, the Berawan struggles on in
defence of native customary rights to their ancestral land that has now
being alienated for development of tourism industry. For the past two
months, the community leaders have been trying to address the issue with the
authority but nothing has come into effect. (Please read Panchar Penemu
Issue No.24 for background information of this indigenous community and Mulu
National Park in the Baram District, Sarawak)
For last two months, the Sarawak Government has intensified its publicity
campaign against this group of indigenous people. The state ministers and
their deputies openly criticised the Berawan as greedy people and refused to
meet them. They claimed that the development of tourism industry in Mulu is
for the benefits of the people and the state.
The Chief Minister of Sarawak, Abdul Taib Mahmud was quoted by the
newspapers as saying that the state government will not hold any meeting
with the Berawan. He stated that the Berawan do not have any proof of their
NCR claims to the land in Mulu and the government is not going to entertain
these greedy people.
Judging from the official statistics, it could not be disputed that tourism
sector has fast becoming a main foreign revenue earner to the country.
However, we have doubts with the real gains considering that in this case of
Mulu Resort, the indigenous communities are victimised and exploited.
The landowner Tama Lian Mallang who has ancestral land rights, was
approached by the Superintendent of Land & Survey in 1975. The
Superintendent told him that the government wanted to acquire his land for
the building of the National Park Headquarters. When his land was surveyed,
it was 19.9 acres. The Superintendent informed him that the value per acre
was RM$80.00 and the authority took 3 years to award the compensation to the
landowner.
Instead of building the National Park Headquarters, the authority alienated
this piece of land to a private company to build the Royal Mulu Resort
costing RM$60 million in 1991. The hotel started operating at the beginning
of this year 1993.
Our investigations further revealed that it is the Chief Minister's family
that will benefit more from this tourist resort project.
This company was given a provisional land lease on May 13th 1993 to an area
measured approximately 243 acres for the proposed second phrase of the Royal
Mulu Hotel and other property development purposes, by the state Land &
Survey Department. The name of the company is Borsarmulu Resort Sendirian
Berhad (Sdn. Bhd means Private Limited Company).
The company was given only a provisional lease because of the NCR land
claims submitted by 21 families to that parcel of land and 79 other families
claiming the large portion of the Melinau River. If it is established that
the Berawan has no NCR land claim over this land (the Sarawak Land Code
needs urgently to be reviewed to provide adequate protection for the NCR
land), then the company will be given land title and will then be able to
make a fortune our of it.
We believe that the company has been granted more land for the proposed
tourist resort. That could only be established when more local indigenous
Berawan communities submit their NCR land claims to protect their ancestral
land.
Borsarmulu Resort Sdn. Bhd. is a company established on 25th February, 1991.
Its principal nature of business is stated as general trading, property
development and investment holding.
With a paid up capital of two million Malaysian ringgit, the shareholders of
this company are:
1. Sarawak Economic Development Corporation (SEDC), a State Government
Statutory body with its address at 6-11 Floors, Menara SEDC, Jalan Tunku
Abdul Rahman, 93100 Kuching, Sarawak.
2. Kenyalang Cergas Sendirian Berhad, a private company located at Lots
154-156, Jalan Sg. Padungan, 93100 Kuching, Sarawak.
Each of the above has an equal share holding of one million shares to
Borsarmulu Resort.
Directors of this company are:
1. Mohd. Taufek/Topek Hj. Nahrawi, a SEDC Director;
2. Mohd. Arip bin Mahmud;
3. Hajjah Raziah @ Rodiah bte Mahmud;
4. Robert Geneid, an Australian lawyer sharing the same address as
Hajjah Raziah Mahmud;
5. Jeffrey Wei Hua Beng, SEDC Senior Project Official;
6. Joseph Kong Chan Seng, a Singaporean hotelier;
7. Albert Hong Hin Kay, a Singaporean architect;
8. Douglas Bary Scott, a Scottish architect.
Mohd. Arip bin Mahmud and Hajjah Raziah Mahmud are brother and sister of our
Sarawak Chief Minister, Abdul Taib Mahmud, respectively.
Kenyalang Cergas Sdn. Bhd. was established on 22 April 1992.
Although its registered nominal share capital is 25,000.00, the company has
a paid up capital of only two (2) Malaysian ringgits.
Hajjah Raziah @ Rodiah bte Mahmud, Mohd. Arip bin Mahmud and Robert Geneid
are the directors of this company. This shows clearly that it is the Chief
Minister's family that will benefit directly from the tourist resort
development in Mulu.
With his personal interests at stake, little do we wonder why his state
cabinet refused to talk to the Berawan. Furthermore, the Dayak Politicians
are silent over this very matter.
The Mulu Resort is managed by the Rihya Royal Group of Japan, which owns and
manages 15 hotels in Japan alone, also in Australia (one of which is an
associated hotel called the Cairns Colonial Club Resort, Australia), New
York and Guam.
The Berawan struggles for their land rights for their basic livelihood
depends on their ancestral land. The political elites wants this land for
their material gains.
Who would benefit from such development? Who is greedy?
With little resources, the Berawan has intensified their campaign to defend
their land rights few months ago. They have received tremendous support from
individuals and groups, locally and overseas. They have also been successful
in lobbying the sympathy and support of visiting tourists in the initial
stage.
But with the government beefing up its local authorities, including the
police force, the Berawan were harassed, arrested and struggle under
tremendous pressure. There are now 8 policemen and 30 armed paramilitary
personnel stationed in Mulu.
With its control over the mass media and intensified official publicity, we
have noted that the government is in its latest efforts, trying to cripple
foreign support to the Berawan.
Part 2:
Posted by Asia Pacific Solidarity - Sarawak in peg:rainfor.general on 8th Spet
1993.
Berawan Vs Penan crashes in Mulu?
Concerned friends overseas have asked whether there is any clash between the
Berawan and Penan (both are indigenous communities) in Mulu National Park,
as visiting tourists have reported to them, claiming that is the reason why
they were restricted to the hotel and unable to enter the park.
We appreciate your queries to such rumours as we have heard nothing such as
this locally. It would be detrimental to the struggle of the indigenous
people over their land rights in this resort if foreign friends (while
unaware of the actual situation) perceived such communal conflict as real.
If anything, it should be treated as the State Government's propaganda - a
divide-and-rule tactic.
To investigate on the issue, our friend made a trip to the resort and stayed
at the Royal Mulu Hotel over a weekend.
As a tourist, he was advised by the hotel reception that he should not roam
in the National Park, or he might get caught in the conflict between the
Berawan and the Penan, thus hurting himself. He was also told that the hotel
can not arrange for tours or guides because it would be risky for the guides
and tourists to enter the park.
A (newspaper) report that the Berawan halted the construction of a proposed
Penan Service Centre was used for their arguments to convince our friend of
the communal conflict.
When our friend told them that he has heard about the claims of the Berawan
to their native customary rights over the land in this resort, he was told
that such claims were baseless and that the problem has been solved by the
state authorities. The hotel staffs echoed the words of Sarawak Chief
Minister and his cabinet colleagues on the greediness of the Berawan people
and that the State Land and Survey Department has established that the
Berawan has no claim over the land.
It is strongly believe that visiting tourists will be given a similar story
and picture to the local situation at this national park resort.
However, our friend has found out that the Royal Mulu Hotel is not popularly
frequent by the tourists because of its expensive rates. Most local agencies
would arrange for their guests to stay in more affordable lodging houses
operated by the Berawans.
Most local tour agencies would arrange for their guests to stay in more
affordable lodging houses.
However, lack of knowledge to the struggle of the Berawan and their fear of
actions by the state authorities, these tourist guides and local lodging
house owners are not able to give their tourist guests a clear picture to
the situation.
During the few days demonstration at the Mulu Airport and the park
headquarters, the Berawan leaders informed the tourists that there were not
stopping them going to the caves and pinnacles. Their action was to inform
them the Berawans are on strike because the authority taken heed to their
demand on native customary right land in Mulu. If they went to the park,
they would be promoting tourism development that deprive of their rights
over their ancestral land. If they didn't go to the park, they would be
showing their solidarity and respecting that the local Berawans have rights
to their land. The Berawans distributed pamphlets to provide them with more
balanced view of the situation. However, the Berawans' tireless effort and
limited resources is very difficult to match or counter the huge government
machineries. The Berawans just want as much balanced view as possible to
reach foreign tourists.
It was also learnt that a lot of government servants are stationed in Mulu,
to campaign for their political masters. Among them are the Police Special
Branch (intelligent unit) and members of the Penan community employed by the
State Cabinet's Select Committee on Penan Affairs.
Our contact persons reported that it was the latter that have spread the
rumours of communal conflict between the Penan and Berawan.
There is a government-employed official, who is a Punan (Different tribe to
the Penan) but not from the nearby indigenous communities. The officials
were led by Hassan Sui (a wealthy Punan who owns a special licence to log
and trade iron wood or Belian timber and catering contracts). He was a
member of the Malaysian delegation headed by Lim Keng Yaik to counter
anti-tropical timber campaign in Europe last year. He has since last month
left the area after he was confronted by the Berawan and failed to gain the
support of the local Penan communities in his campaign.
At present, the Berawan Headmen Committee has launched a signature campaign
to solicit the support of the other indigenous communities to their claim
for customary rights over land outside the park boundary. The Penan elders
have already openly given their support and said that they are settling on
Berawan Land and they call upon the authority to settle the Berawans' claim.
Until today, we've not heard of any clash between Berawan and the Penan or
any other community in the area.
We cannot actually blame the tourists for accessing from the hotel and these
government servants those propaganda as those have been their only source of
information. However, there are those tourist friends who have managed to
talk to the Berawan and other local indigenous people when they ventured
outside the hotel, on their own initiatives. The latter, appreciated a more
balance view on the situation, has a better understanding to the problem and
are sympathetic and supportive to the struggle of the local indigenous
communities, of which Berawan is the majority.
It was reported earlier this year that a Penan Service Centre will be set up
in this national park. Timber, cement and other building materials were
brought in later for this proposed $500,000.00 Service Centre. It should be
noted that there is no settled Penan community nearby. The semi-settled
Penan of Batu Bungan is a government program without due respect of the
Berawan rights over their land.
Although the government has claimed that such arrangement is to bring
"development" to the Penan and improve their living standard, we believe
that the real motive behind this proposed Penan Service Centre is a
settlement centre to accommodate those members of the Penan communities who
stood in the way of logging operations. It is also the plan of the
government to build this service centre in this national park for tourist
attractions - making Penan Settlement ridiculously and outrageously as
display/exhibit items.
The site for this proposed centre is on the land of a Berawan peasant Tama
Telon. Claiming that he was not consulted over the project, he removed these
building materials from his land after the authority failed to act upon his
numerous reports.
He was charged for "mischief on properties" and released on bail of
$1,500.00. Hearing for his case has been set for the middle of this month in
Marudi.
Until this date, the building materials, including 2,000 bags of cement, 60
tonnes of plank and 5 tonnes of wooden beams were left to be wasted.
During the 22 days picketing at the Mulu Airport and the base camp. the
Penan leaders of Batu Bungan came and supported the Berawans. The Penan
leaders told them that certain government officials agitated them. In their
own support for the Berawans, the leaders acknowledged their present
settlement was on Berawan land, and the Berawan leaders have said to them
that they have no objection to the Penans' settlement on their land. What
the Berawans object is the authority not consulting and asking for
permission from them since they have inherited ancestral land rights over
the area in Melinau.
On 13th August, 1993, the Berawans filed a suit in the Borneo High Court,
Miri to apply leaves for an order of Certiorari and Quash the decision of
the Respondents under Order 53 of the Rules of High Court, 1980 against the
Director of Land and Survey, the Minister for Land and Resources and the
State Government of Sarawak.
During the hearing on 25th August 1993, the counsel for the Berawan
community stressed his points on the application for leave the whole
morning. The State Attorney General, Mr J.C.Fong argued that Borsarmulu Sdn
Bhd was given a provisional lease of 243 acres that's yet to be surveyed. He
said the final survey might exclude land subject to claims. He further added
that the group of Berawan were having discussion with the government that
day in Kuching. The counsel withdrew the case then since native rights have
not been extinguished under section 5(3) of the land code.
There were about 40 Berawans attending the hearing and a dozen lawyers who
were interested in the case. This is the first case in the Dayak history in
which the state government was sued. The mass media, as usual published a
distorted report claiming that the Berawan case was struck out by the
court.
The counsel briefed the Berawans about their first victory and steps to be
taken now - submitting their immediate claims, and at the same time, make
boundary with each others in the area of Melinau where their claim is valid.
In the meantime, Borsarmulu Sdn Bhd cannot operate its activities on land
where the Berawan people make their claims.
It is our hope that this will clear any doubt you may have with the struggle
of the Berawan in Mulu.
We hope that you would tell your country folks the situation if they have
returned from their holiday in Mulu and tell others about the "official"
story of communal conflict and NCR land disputes has been solved.
You may also inform potential visitors to Mulu so that they will be more
aware of the issue. Please advise them to talk to the community people
besides the government officials.
Letters, fax messages or telephone calls to the Chief Minister of Sarawak,
protesting against his family's business involvement in this Mulu resort
project, and to support the Berawan's struggle to defend their land rights
will be very much appreciated.
The Chief Minister's address is:
YAB Datuk Patinggi Tan Sri Haji Abdul Taib Bin Mahmud,
Ketua Menteri Sarawak,
Pejabat Ketua Menteri,
Tingkat 22, Wisma Bapa Malaysia,
Petra Jaya, 93503 Kuching,
Sarawak, Malaysia.
His telephone numbers are: + 6 082 442211 (office); + 6 082 256558
(resident)
For friends who could find Rihya Royal's group of hotel nearby, in Japan
especially, please register with them, your protest with their involvement
in Mulu Resort. Also, if friends from the country where those overseas
shareholders can be located, should let these people know of your objection
to their involvement in depriving the indigenous Berawan people of Sarawak
their legitimate land rights.
Your support in their campaign for native customary land rights will
certainly contribute much towards the emancipation of our indigenous
communities in Sarawak.
Thank you.
Written by C. Hollis, 8th Spet 1993.
--- * Origin: Sarawakians Access (peg:sarawak and/or sarawak@peg.apc.org) (90:600/ 108)--