Sarawak governmentt to re-look native issues, says Suhakam

By Claudia Theophilus

Malaysiakini

2003-02-13 | Depleting natural resources, customary native land, rights to hunt game, and the lack of medical and educational facilities were the predominant complaints received by the Human Rights Commission of Malaysia (Suhakam) from Sabah and Sarawak residents over the last few months.

Suhakam complaints and inquiry working group chairperson Prof Mohd Hamdan Adnan said o要e major complaint was the Orang Asal land issue. Locals claimed that their land was being taken for development purposes without adequate compensation.

Elaborating further, Sarawak-based commissioner Dr Mohammad Hirman Ritom Abdullah said such complaints have been continuously raised with Suhakam since 2001.

He said customary land and resources, compensation, the right to determine their lifestyle, the lack of access roads, health and education facilities, and national registration and voter registration issues mostly affected the Ibans, Penans and Orang Ulus.

"Issues like the right to hunt and forage for forest produce is an o要going problem because it concerns their livelihood, especially when they have no skills to work in plantations or the manufacturing sector," he said when contacted today.

"One of our recommendations is to study law reform pertaining to customary native land because we found a need to resolve the different perceptions from the state government and the native communities.

"But the state government is generally reluctant (to tackle) this issue because the existing land-related laws in Sarawak have been in place for a very long time," he said.

Time needed

Mohammad Hirman said during the roadshow, Suhakam met with community leaders, non-governmental organisations, timber industry associations and Sarawak elected representatives, including Chief Minister Abdul Taib Mahmud.

He credited the authorities for being "very supportive" in facilitating Suhakam's request for facts and figures concerning issues raised in the memorandums.

"They agreed to look into allocating larger parcels of alternative land for settlers, locating the scattered Penans in o要e place, encourage the indigenous participation in developments and consider the issue of hunting and foraging as a source of livelihood."

In most places, he said, Suhakam received complaints of land ownership not being protected, but "most were administrative or executive matters".

"I feel that the state government's plan for a land bank is a good idea and a number of people in certain divisions in the state were quite receptive to it," he added.

Mohammad Hirman said the government was right in gazetting forests as national parks for the protection of the animals, which meant natives need a permit to enter.

"But like the state government, we also need time to push for changes. These issues cannot be resolved within the tenure of o要e or two commissions.

"At the same time, we think that the indigenous people should be willing to sacrifice a little and move with the changing times, especially when almost 90 percent of the native communities are already a part of mainstream society in Sarawak," he added.

Roadshow useful

Mohammad Hirman said Suhakam will be meeting Sarawak Attorney-General JC Fong in o要e or two months time to discuss reform of laws pertaining to customary native land.

The Penans have been aggressively defending their lifestyle while the Orang Ulu community, which reportedly represents 10 percent of Sarawak's total 2.2 million population, is wary of cultural extinction unless concrete remedial measures are initiated immediately.

About 60 percent of Sarawakians reportedly reside in remote, rural areas.

Suhakam is pursuing these issues with the state authorities following memorandums submitted by local groups as a result of several roadshows beginning with Lawas which drew 200-300 people last month.

"We will continue meeting the people until all 19 districts in Sarawak are covered. We want to inform every sector of Sarawak society about their rights and the redresses available," said Mohammad Hirman.

He said another issue raised by the indigenous people was the state's non-recognition of native resettlements after 1968.

"Since these villages are considered as squatters and not as settlements, we are trying to get the state to change that," he added.

On the recommendation to honour the various international covenants relating to indigenous people, the state government pointed out that Malaysia was not a signatory and therefore not bound by them.

Reference Links

• Sarawak gov't to re-look native issues, says Suhakam
• Indigenous people must have right to choose own course, says Suhakam