Iban to file injunction against logging firm

By Tony Thien

Malaysiakini

2007-11-14 | Seven Iban longhouses comprising 140 families with a total population of about 600 people in Lasit, Sarawak are to go to court soon to apply for an injunction to prevent encroachment by a timber company into their native customary rights (NCR) land.

"We've already consulted our lawyers and given instructions to proceed with the application for injunction," Lasit NCR land action committee vice chairperson Michael Sawong Jawi, 59, a retired schoolteacher, told Malaysiakini today.

The longhouses are located within a 4,322ha area which the Iban community there claim is 90 percent NCR land backed by 'ample evidence of human settlement on the land for the past several generations since 1838.'

The authorities, however, argue that the whole area minus the longhouses and their farms is state land.

The permit issued to the company states that the land is state land despite many landmarks such as the tungul tebang (the big old tree that has been cut to clear for farming years ago), tamawai (evidence of existence of old resettlements) graveyards, rubber subsidy schemes and land issued with titles by the British well before 1958.

Sawong said the title is issued in the name of Tuai Rumah (longhouse chief) Ayup Anak Abu of Nanga Lasi who is still alive.

The disputed land is part of a much larger area of some 25,000 ha covered by a logging permit issued to Forestspring Sdn Bhd which has contracted work out to Miri-based Jinhoe Timber Sdn Bhd.

The beneficiaries of the licencee company are said to be people closely connected with some state leaders.

No logging yet

Forestspring applied for the timber licence on July 17 and approval was given two days later, according to Sawong.

There are 50 longhouses with a total of about 1,000 bileks or doors, housing some 4,000 people within the larger area. The Lasi land has never been subjected to commercial logging before.

Sawong said the contractor's base camp is at Sungai Segambut between Rumah Mok and Rumah Janggu.

Permission has been obtained as required under the licensing conditions from the Forest Department to enter coupes but logging activities have not commenced.

The reasons for this are that the locals have sealed the perimeter fencing around the base camp (at least three bulldozers have already been sent there) and lawyers representing the NCR landowners have written to the company advising it against trespassing on the NCR land as long as the matter has not been settled.

"For the moment there is no logging activity," Sawong said, adding, "We'll wait and see. They have not responded to our letter."

He said the six identified logging areas in Lasi are what the Iban call their pulau galau or communal forest reserve where the trees have grown rather big. The Iban usually cut the timber only for their own domestic needs such as for constructing their longhouses.

A map produced by the NCR land action committee with the help of the Sarawak Dayak Iban Association (Sadia) shows a larger area belonging to the longhouse community already planted with rubber, pepper and individual plots of oil palm.

There is also a gazetted water catchment area at the head of Sungai Julau which flows into Batang Rajang, Malaysia's longest river.

Unfruitful dialogues

Known as Area B, the logging area is close to Julau, the main town in the Julau district.

Covering mainly the Julau parliamentary constituency (which is under Deputy Foreign Minister Joseph Salang Gandum), it also forms part of the Sarikei parliamentary constituency (represented by Supp deputy president Law Hieng Ding), the Meradong state constituency (represented by DAP's Ting Tze Fui) and Pakan state constituency (represented by SPDP president and state social development minister William Mawan).

The hill timber species of commercial value found in the area include selangan batu, meranti, kapur and keruing.

Asked about the objective of their current campaign, Sawong said: "We want our NCR land. It is not for the purpose of getting timber to sell but for our own needs in the longhouse and our long-term survival to be handed down to our children and their children's children."

Dialogues were held between the timber company and the locals as well with the authorities such as the police but nothing positive developed.

"The only way is to apply for a court injunction to stop them from encroaching into our land," said Sawong.

The Julau NCR land dispute is one of many between companies and landowners throughout rural Sarawak. Such disputes involving not along the Iban but also Bidayuh and Orang Ulu landowners.

The number of increasing conflicts over claims to NCR land is reflected by the fact that there are now more than 250 such cases pending in court.

A Federal Court's recent decision on a NCR land case which was eventually won by the original landowners has renewed the indigenous people's hopes.