Natives get brief reprieve against oil palm project

from Mkini
Joseph Tawie
2 July 2009

Efforts by the DD Plantations and Pelita Holdings of Sarawak to turn about 9,629 hectares of Native Customary Reserve (NCR) land in the Kampung Semalatong/Isu/Kepayang area in the Simunjan district into an oil palm plantation have been derailed.

Several Tuai Rumah (TR) (longhouse chiefs) and more than 160 families made a stand against the company which had to back down after vehement protests and objections. 

They had objected that more than 3,200 hectares of the NCR land was to be included in the plantation. 

Last Monday, the families led by six longhouse chiefs sought legal advice from a prominent lawyer regarding their NCR lands that have been earmarked for the oil palm cultivation. 

Speaking on behalf of the families and other Tuai Rumah, TR Sipi Anak Narang said that following their meeting with the lawyer, a letter was drafted and faxed to the Managing Director of Pelita Holdings. 

The letter, which included the list of the families, stated that the people wanted to register their strongest objection against the inclusion of all "our temuda lands, pulau galau (territorial domain) and pemakai menua" in any scheme of development undertaken by any government agencies. 


Another affected landowner, a 64 year old lady, Daha Anak Penghulu Nunsang, has also submitted a letter to the Pelita managing director protesting against the inclusion of her 10 pieces of land in the proposed oil palm plantation. 

No surrender of land

In a letter to the company, she said that she was not going to surrender her land rights and condemn her "children, grandchildren and great-grandchildren to becoming mere labourers" in their own family land.

She also said that she did not want to be seen as the person who "ordained them as foreigners in the country they are born, strangers in their own kampung, and mere servants in their own household, "adding that she was prepared to protect her property rights in the courts of law. 

In April this year DD Plantations, a Kuching based company and Pelita Holdings had agreed to jointly develop the Semalatong Kepayang area of 9,629 hectares of NCR land into an oil palm plantation. 

DD Plantations claimed to have signed an agreement with 2,000 landowners from 46 longhouses to develop their land on April 29 this year at a leading hotel. 

According to the alleged agreement, the DD Plantations would provide the expertise and an investment of RM140 million as well as getting 60 percent of the profits, while the landowners would enjoy 30 percent and Pelita, being a managing agent would get 10 percent of profits. 

In addition to the NCR land, the DD Plantations and Pelita are also scheduled to develop 5,000 hectares of state land in the area. 

As the inhabitants race against time,work on the proposed plantation are scheduled to begin at any time.

Illegal miners destroy Tawau coral reefs

Illegal miners destroy Tawau coral reefs
FROM MALAYSIAKINI: Joe Fernandez | Jun 14, 09 12:28pm
PKR (Parti Keadilan Rakyat) Sabah activists have uncovered a nocturnal operation which has been stealthily mining the coral reefs off Tawau for the last 10 years.

The operation, which is illegal worldwide, has apparently been going on “undetected” so far right under the noses of the local authorities.
 
“We estimate that 1.2 million metric tonnes of coral reefs have been destroyed in the last decade by the operators,” said PKR Tawau chief Kong Hong Ming, a lawyer and former state minister.

“The information we have gathered comes from a source who has access to leaks from the operator’s outfit.

“The source did lodge a complaint with the Department of Environment in Tawau, according to him, but eventually he had nothing to show for his efforts.” 

Kong adds that 10,000 metric tonnes are being mined every month currently from the coral reefs towards the Semporna Sea Park. 

The operation evidently moved to the present site after beginning in the waters immediately off Tawau and then exhausting the site at Kalumpang Sea near Balung.

“If we access the area via Google Earth, it will show a big black hole where the coral reefs used to be,” said Kong. 

Huge hammer used to destroy coral reefs

“Only the hard coral or about 30 per cent can be used and is processed at a factory in Balung which looks nondescript from the outside but has all the latest equipment.

“They use a huge hammer to destroy the coral reefs and break them down into smaller parts.”

The processed coral from the reefs have a ready market in peninsular Malaysia for the high-end market which includes bone surgery, dentistry and pharmaceuticals, according to the source.

The individual product list obtained from the operator’s office includes biolime, coral lime, activated lime, calime and calcium carbonate, among others and is being marketed mostly under the Black Dragon label.
 
Kong disclosed that he went to one of the sites where the mined coral was stored before being taken to the Balung factory.

“One particular site that I visited had 1,000 metric tonnes and we had a photograph taken,” said Kong. “Two days later they had all been removed.” 

The modus operandi pieced together so far suggests that a female individual identified as Chai Nung Yung originally obtained a five-year licence from the Mineral and Geosciences Department Sabah (MGD) vide P.T. 95100902 on April 19, 1997 to mine sea sand for construction purposes.

The licence fee of RM15,000 and a registration fee of RM50.00 were paid. There is no evidence that this licence to mine sea sand was renewed upon expiry.

Mining area encompasses five acres

Chai, on July 18, 2007, applied to renew a TOL (Temporary Occupation Licence) Bil: 10900268 which covers the Kalumpang Sea off Tawau.
 
Ostensibly, according to the fact sheets available from Kong’s source, the mining area about nine kilometres from the shore would encompass five acres.

Equipment used would comprise a 564 Gross Tonnage tongkang, a 251 HP tug boat, a Hitachi Crawler Crane, a 5,000cc Michigan Shovel Tractor and two units Mercedes Benz dump trucks.

Elsewhere, other equipment would be three units of forklifts, two units of shovel, one unit backhoe, four units of roller mills and 15 units of motor vehicles. 

The name of the tongkang, registered in Labuan is given as Zarah No. 15. The tug boat is named Mercedes Star No. 20.
 
Chai’s operations, according to records with Kong, are actually under Seri Ching Kimia Sdn Bhd and run by her husband, a Peninsular Malaysian, whose name was not disclosed.

“It is clear that no mining of sea sand was ever undertaken. In fact, sea sand is not popular for construction because it takes a lot of work to wash away the salt. So many buildings constructed with sea sand have collapsed in Sabah because the salt was not removed,” said Kong.

“If the operator had ever mined sea sand, there must be evidence of it, like a list of buyers. There is no such evidence. No country in the world allows the mining of sea coral reefs.”

The authorities concerned were not immediately available for comment.
 
Issue not raised by Sepa

Also, this issue has so far not been raised by the Sabah Environmental Protection Association (Sepa) which has been active in taking up many issues.

Former Sepa chief SM Muthu confessed that the coral mining off Tawau was news to him. “They are probably mining sea sand,” he said. 

“If they are not doing that, then I am really wondering now what is going on in Tawau.”

Helen Brunt, an EcoDiver trainer and Sabah Co-ordinator for the Semporna Islands Project, has been quoted as saying in the local media on Thursday this week that the state needs a regular coral reef monitoring programme.

“Such a programme, as in Peninsular Malaysia, will ensure that the natural wonders in the state are better protected and cared for,” said Brunt.

“Without this monitoring information, it is difficult to make decisions on how to protect the coral reefs. We have been monitoring the reefs in the Tun Sakaran Marine Park for over ten years and we can see how they have changed.” 

Coral reefs are a valuable ecological and economic resource in Malaysia, worth according to one estimate, some US$635 million per year, mainly from tourism and fisheries revenues.

The entire coral mining area is part of the Coral Triangle which groups together Malaysia, the Philippines, Indonesia, Papua New Guinea, Timor Leste and the Solomon Islands.

The six nations have an on-going programme called the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI).

Islands have minimal or no government presence

Seventy-five per cent of Malaysia’s reefs are found in the waters off Sabah.
 
The Coral Triangle has been labelled by the Worldwide Fund for Nature (WWF) as the ocean’s answer to the Amazon rainforest because of its biodiversity.

Collapse of the reefs that make up the Triangle, the WWF Coral Triangle Initiative Network warned in a recent release, would send food production in the region plummeting by 80 per cent and imperil the livelihoods of over 100 million people.
 
A recent Universiti Malaysia Sabah (UMS) sea expeditiondiscovered minimal or no government presence, security gaps and disturbing signs of neglect in the numerous islands dotting Sabah waters.
 
Of particular concern are the waters off Pulau Tambisan near Pulau Tawi-Tawi, Pulau Silingan and Bakungan Kecil near Sandakan and Pulau Cagayan in uncharted waters and Taganak.

Another security gap was Pulau Banggi near Kudat and not far from Palawan in the Philippines. In Tawau waters, Pulau Sebatik was noted as a weak spot.
 
Most of these islands are hotspots for smuggling activities, robberies at sea in the past, fish bombing and a backdoor route for the influx of illegal immigrants who slip in and out of Sabah.

They are also along the legitimate barter trade route and the ferries which criss-cross the waters between Sabah, Zamboanga in the southern Philippines and Nunukan in Indonesia.

Quinault President Denounces Peruvian Government Attacks on Indians

6 June 2009
Quinault President Denounces Peruvian Government Attacks on Indians

Quinault President Fawn Sharp, upon learning of Peruvian state police killings of
more than 38 Indians in Bagua, Zona de Corral Quemado y Curva del Diablo in the
Peruvian Amazon during state initiated violence beginning 5 June 2009 called for the
government of President Alan Garcia to cease and desist.
“There can be no reasonable justification for the Peruvian government’s violent
action against Amazonian peoples resulting in the death of two score and more
individuals. Indian peoples’ 52 day opposition to so-called “free trade policies” that
economically, culturally and environmentally injure peoples in the Amazon appears to be
the spark that prompted Peruvian government violence against Indian people. On behalf
of my government I express outrage and utter contempt for the Peruvian government’s
killing of innocent Indian people engaged in legitimate opposition to its economic
policies. I am transmitting to the Peruvian Embassy my denunciation of the horrors
committed against the Indian peoples of Amazonia and urge that the government cease
and desist and immediately hold all Peruvian government persons accountable for the
violence.”

Appeal to the Government of Peru by the Chair of the United Nations Permanent Forum on Indigenous Issues (UNPFII)

The Chair of the Permanent Forum on Indigenous Issues expresses her shock and deep distress at reports received of atrocities committed starting 5 June against indigenous peoples in the Amazon region, resulting in the loss of lives, disappearances and grave injuries. The Chair sends her deepest condolences to the families of the victims. The Chair calls upon the Peruvian Government to:

 

  • Immediately cease all violence against indigenous communities and organizations,
  • Ensure immediate and urgent medical attention to the wounded and assist the families of the victims,
  • Abide by its national and international obligations regarding the protection of all human rights, including the rights of indigenous peoples and human rights defenders, especially their right to life and security.

Pacific Climate Workshop REDD Notice

*Please distribute this around your networks as widely as possible - but please note that this is meant for Pacific delegates*

Kia Ora Koutou (Greetings All)
 
Just a quick announcement that the Global Forest Coalition, with funds from the Netherlands Govt, will be holding a workshop on REDD and their implications/obligations in relation to the UN Declaration on the Rights of Indigenous Peoples, the Convention on Biological Diversity, the UN Framework Convention on Climate Change, etc. This particular workshop is restricted to people from the Pacific region and to those from developing nations (unless they can self fund).

 The dates are 29, 30 and 31 of July but people should aim to arrive on the Tuesday 28th as most planes don't come in until night.

 
We have managed to obtain enough funds to hold the workshop and to fund about 14 to 18 people (depending on fares) to come to the workshop on Tonga.
 
If people are interested in seeking funding to come to the workshop, then they need to send
 
1) A letter of application, naming nominating organisation and detailing their experience
2) A quote from a travel agency, giving the total cost of a return fare (cheapest available)
3) A summary of why people would like to attend.
 
Just to be clear, people from Australia, New Zealand and the United States do not qualify for funding but are welcome to attend if they are able to self fund.
 
We are particularly interested in receiving applications from some of the smaller islands and communities and from NGOs and IPOs working in those areas.
 
You should send applications to me at sandyoceania@yahoo.com and to Malia Talakai at mtalakai@unitec.ac.nz
 
This is one of the few opportunities that has arisen for the Pacific to meet as a group separately from the influence of other regions to discuss the implications of not only REDD but what is happening with climate change in our region and why making money out of climate change has suddenly increased the urgency of action. Please if you are interested in attending, send in your application as soon as possible.

More Information
 
The formal host organisation for the meeting will be PIPEC (Pacific Indigenous Peoples Environment Coalition) and there will be one full day of reports on various topics that include obligations under the CBD, the UNDRIP and the UNFCCC. There will also be a report back from the Alaska conference and a report on three independant monitoring reports done on Samoa, NZ and Australia in relation to the programme of work on forest biodiversity.. There will be adequate time for questions and answers as the main intent of the workshop is to build the capacity of civil society organizations in our region to take part in these discussions on the basis of complete understanding of the problems and pitfalls that might be encountered. Hopefully there will also be time on this first day to do some brief reporting on what is the current situation in each country attending.
 
The second day in the morning will be devoted to working in two small groups on recommendations on the issues discussed the day before and the facilitators for the groups will be the people who presented the discussion papers the day before. The afternoon session will be focused on a drawing up of a declaration of the civil society groups from the Pacific region based on the discussions and the compiling of a list of what we would like to see happening in terms of climate change in our region.
 
The third morning will be the winding up of the workshop and the holding of a Press conference in relation to our statements and declaration.
 
We have some limited amount of funding to support the attendance of people at the meeting but it should be noted that the funders have asked that people receiving funding be from developing nations (with the exception of the organizer and two people providing pre written reports that have already been notified to the United Nations)

 
We will provide
 
Return airfare (preferably on the basis of reimbursement) but only with all receipts and on being provided with an invoice. We are happy to do the bookings through New Zealand  if needed. Reimbursements will not be considered before mid July at the earliest although we are happy to pay direct to a travel agent if you have been notified that you have been selected for funding.
 
We will also provide accommodation for four nights (Tuesday to Saturday) which will most likely be on the basis of shared rooms. Some of the accommodation will be hostel style and some will be in rented houses. We will provide airport pickups and returns. The friday afternoon is free time but we will be doing an outing for a few people (we are hiring a minivan)
 
There will be no per diem allowance given but all meals for the duration of the conference will be provided. Please if you have any allergies or special food requirements, we need to know in your application.
 
Breakfast will be cereals and bread with jams etc. morning and afternoon teas will be tea and coffee with a light snack (a scone or sandwich), Lunches and dinners will most likely be on the basis of a small smorgasboard.
 
For those people from the developed nations in the region, please do not hesitate to approach your own Governments for support and/or NGOs as we would love to have you attend.
 
Sandy Gauntlett
 

Asia caucus calls for FPIC to be integrated into UNDP programs #UNPFII

                           UN PERMANENT FORUM ON INDIGENOUS ISSUES

8th Session

New York, 18-29 May 2009

 

ASIA CAUCUS STATEMENT:

Agenda item 6: Comprehensive dialogue with six United Nations agencies and funds

United Nations Development Program

 

Madam Chair:

 

We commend UNDP for its Regional Indigenous Peoples Program (RIPP) for Asia, which is being implemented in partnership with indigenous organizations. This program has been effectively addressing critical concerns of indigenous peoples such as resource management, women’s empowerment, access to justice and strengthening of local governance, among others.  The partnership of UNDP-RIPP with indigenous organizations is key to the success of its program implementation. We also commend UNDP for its Chittagong Hill Tracts Development Facility, especially its capacity building program.

 

On the other hand, UNDP programs in general, especially at the country level, have yet to mainstream indigenous issues and concerns in partnership with indigenous peoples and organizations.  We are concerned that some of the projects are actually undermining indigenous institutions, particularly by reinforcing local government structures that are not serving the interests of indigenous peoples.  Other projects are also being implemented without thorough consultation and effective participation of indigenous organizations and communities.

 

As a powerful UN agency, especially at the country level, UNDP has a critical role in promoting the rights of indigenous peoples, particularly with regards to self-determined development. However, much has yet to be done in this regard. In particular, the provisions of Free Prior and Informed Consent, as reiterated in the UN Declaration on the Rights of Indigenous Peoples, should already be fully integrated into the program of UNDP, and adopted by its partners. UNDP can take the lead in conducting dissemination and awareness raising activities on FPIC, especially targeting governments, investors and developers.

We make the following recommendations:

•             UNDP country offices should develop focused programs for indigenous peoples at the country level, in partnership with indigenous organizations.  They should ensure the direct participation of indigenous peoples in the planning, designing, implementation and monitoring of UNDP projects affecting indigenous peoples in the way that UNDP-RIPP has done.  Likewise, indigenous representatives should be included in UNDP structures dealing with programs and projects affecting indigenous peoples.  At the level of UNDP country programs, Indigenous Advisory Bodies, to be composed of leaders endorsed by indigenous organizations, should be set up to ensure that UNDP programs relating to indigenous peoples are appropriate and respect the rights of indigenous peoples. 

 

•             UNDP country offices should ensure that their programs are consistent with UNDRIP, and that there is high level of awareness of UNDRIP amongst their personnel and decision makers.  Likewise, they should undertake activities to promote the UNDRIP to their partners. This should include country workshops for government, NGOs, indigenous communities, other UN agencies, and other stakeholders on UNDRIP and special workshops on Free, Prior and Informed Consent and self determined development.

 

•             UNDP should initiate the establishment of independent monitoring mechanisms on the implementation of Free Prior and Informed Consent, especially in relation to development programs and projects affecting indigenous peoples, and more generally respect for the rights of indigenous peoples in such programs and projects.

 

•             UNDP country offices should raise their concerns on violations of the rights of indigenous peoples in the implementation of development projects, such as violations of the collective rights of indigenous peoples over their land and resources, among others.

 

•             UNDP should work to reinforce or strengthen existing indigenous social, cultural and political structures and systems, ensuring the full and effective participation of women, instead of introducing or developing alternative social systems and structures without the collaboration of indigenous peoples or empowering local authorities who do not represent indigenous peoples.

 

•             UNDP should increase funding for RIPP to sustain, strengthen, and expand its program.

 

•             UNDP should look at best practices of the UNDP Chittagong Hill Tracts Development Facility in Bangladesh, particularly its Capacity-Building and Healthcare components, and apply them in other areas where appropriate.

 

•             UNDP should provide financial support for indigenous peoples’ institutions and organizations, especially in the cases of the most marginalized groups, to build their capacity in addressing their issues, including the protection of their rights.  

 

Thank you, Madam Chair.


REPORT OF THE ASIAN INDIGENOUS WOMEN’S NETWORK TO THE 8TH SESSION OF THE UNPFII

REPORT OF THE ASIAN INDIGENOUS WOMEN’S NETWORK TO THE 8TH SESSION OF THE UNPFII
18-29 MAY 2009

AGENDA Item 3 c : Follow-Up to the Recommendations of the Permanent Forum on Indigenous Women : Second International Decade of the World's Indigenous People

The Asian Indigenous Women's Network has been engaged, last year in facilitating building capacities of indigenous women to hold government's accountable using CEDAW,with support from the UNIFEM CEDAW South East Asia Programme. From the activities held in the Philippines, Thailand, Indonesia and Cambodia, the following situation of indigenous
women were surfaced :

1.Indigenous women suffer disproportionately from the impacts of development aggression including the current initiatives to curb climate change. Oil palm plantations displaced women in Indonesia and the Philippines. In West Kalimantan, the doyo, a significant material in indigenous women's traditional livelihoods have become scarce because of
oil palm monocrops. Displacement of indigenous communities by extractive industries has increased women's economic dependence on men who are equally compelled to find other income sources. In Cambodia, such situation resulting from land grabbing and appropriation through economic land concessions and infrastructure development has precipitated increase in domestic violence in indigenous peoples' communities. In one instance, a man reportedly forced his wife to sign the deed of sale of their land just to make sure that they get a little amount instead of totally losing it through land grabbing or state appropriation.

2. As women stand up against these violence, their human rights and freedoms are threatened. Mama Aleta Baun who lead the community resistance against a marble mining company in Mollo, West Timor, cannot go back home to her village due to threats on her and her family's life.

Strategic lawsuits against public participation have been used to silence indigenous women and community leaders by mining companies in the Philippines.

3. Intolerance prevails. A lot of indigenous women and men in Thailand do not have the security of citizenship, thus no access to basic services like health and education. Corruption is rampant where, indigenous women lacking the skills and capacity to engage the complicated and difficult system and process of filing for citizenship, have to contend with bribery and sexual harassment among others. Citizenship cards, however, does not guarantee equality. Indigenous women in Thailand have poor health seeking behavior first because they do not have confidence in public health providers who are prone to errors and wrong diagnosis due to language gap which is likewise not being addressed as a strategy for their effective discharge of their duties as public servants.

4. Gender discrimination, persists inhibiting women from asserting their full development as human beings. Factors predisposing this includes inheritance practices, arranged and early marriages and gender stereotypes among others. This is further complicated by women's
complacency and internalized discrimination resulting from the lack of opportunities and capacities for women to address or challenge their situations. These includes the lack of information on basic human rights. As one participant in a women's rights workshop from Thailand expressed : “ We have always been active; we participate in all development initiatives in our communities but we never had the space to talk about gender and ourselves”. Knowledge of basic human rights and standards including CEDAW and the UNDRIP imparted during these activities has somehow given indigenous women confidence to discuss their situations and organize to address their issues and concerns including inheritance and violence in the name of tradition. In Thailand, for example, most Hmong women attain a sort of self and identity only when they are attached to men partly because all religious rites, including burial rites are done by the husband's family. Widowers
and divorced women are not entitled to burial rites unless they remarry.

RECOMMENDATIONS :

1. We recommend continuing support to fully enable indigenous women's organizations to strengthen present capacities to monitor the implementation of the CEDAW at the national level as an enabling process for indigenous women to effectively engage with national, regional and international machineries for women, the CEDAW mechanisms and other human rights bodies.( CEDAW Report, 4th session para 114). To this, we further recommend for the States Members, UN agencies and NGO's concerned on gender equality and women's rights to:

> strengthen current initiatives to inform indigenous women of their human rights as women and as indigenous peoples including CEDAW, the UNDRIP, the ICESCR and ICCPR among others;

> mobilize technical, logistical and expert resources to equip and enable indigenous women to be able to use the different human rights mechanisms, tools and procedures towards the fulfillment of their rights to equality and non- discrimination;

> ensure effective information and communication of national CEDAW implementation plans and programmes including consultations with indigenous women's organizations to define specific approaches and strategies that would be most appropriate in their context;

2.We call for the different women related processes at the UN, i.e., the Commission on the Status of Women, the Committee on the Elimination of Discrimination Against Women, funding mechanisms, i.e., the UNIFEM through its subregional offices to strengthen their work on the particular situations of the rights and freedoms indigenous women through
institutionalized adaption of the UNDRIP as a minimum standard in the fulfillment and enjoyment of rights by indigenous women.

3. Finally, we call for the UNPFII's support to the 3rd Asian Indigenous Women's Conference in October 2009 which will discuss among other things domestic violence and violence in the name of culture and tradition, trafficking and prostitution and climate change vis-a-vis indigenous women.

THANK YOU MADAM CHAIRPERSON!

Contact : Eleanor P. Dictaan-Bang-oa; Secretariat-AIWN; ellen@tebtebba.org