PENANS MURUM DAM BLOCKADE STILL STAND

Penans have not left their blockades

KUCHING (Oct 28, 2012): Contrary to what has been claimed, Penans from eight villages in Sarawak's Belaga district have not dismantled their blockades on access roads to the controversial Murum dam.

Sarawak Conservation Alliance of Natural Environment (Scane) coordinator Raymond Abin, who returned to Miri today after an overnight stay at one of the two blockade sites, said that the situation remains as it is and the international community is monitoring the issue.

"Over the last two days, many of them went back to Long Luar, one of the eight villages, because an elderly man died and later an elderly woman from Long Singu also died," he said.

He said that the Penans who have gone to the two villages will return after the mourning period is over. "But there are some still left to man the blockades," Abin said.

Abin stressed that not only are world bodies watching the matter, but also concerned Malaysians and those affected by the dam projects in Sarawak.

He was commenting on Land Development Minister Tan Sri Dr James Masing's statement on Saturday that 320 Penan have abandoned the blockades after their negotiations with Belaga state assemblyman Liwan Lagang.

Masing, who is also PRS president, had quoted Liwan as telling the Part Rakyat Sarawak (PRS) supreme council meeting in Sibu about the Penans leaving.

Masing, who is also the state land development minister, had also told the government that the international community was keeping tabs on how the Penans were being treated.

"We have got to handle them carefully and with fairness," he told reporters after chairing a meeting, adding that it was important that the government knows that the Penans are a reasonable people.

 

Posted on 28 October 2012 - 08:53pm

Sulok Tawienewsdesk@thesundaily.com

MURUM DAM BLOCKADE, NO SOLUTION YET

Sunday October 14, 2012
Dragging on for too long
By STEPHEN THEN
stephenthen@thestar.com.my

MIRI: Concerned community leaders are urging the authorities to reach a swift and fair solution to the impasse between the Penans and developers of the Murum dam, located some 320km from Bintulu.

There are worries that the Penans are stricken by malaria at the sites where they had put up a blockade.

Orang Ulu National Association chairman for Miri Division, Peter Kallang, said yesterday the latest information he received from his people who had visited the Penans was that many of them were ill.

In need of solution: A group of Penan men resting at one of the blockades
leading to the Murum dam, some 320km from Bintulu, in this file pic.

“They have malaria, with many suffering from fever and other illnesses. There are still many women at the site.

“Luckily, the little children and old people are no longer taking part in the protest. Belaga assemblyman Liwan Lagang had managed to persuade the Penans to bring their children and old folk back to their settlements.

“More than 300 of the Penans have been camping at the blockade sites for more than two weeks already. There is a need for the state authorities and those handling the dam project to arrive at a swift resolution with the Penans to end the problem.

“The solution must be fair and acceptable to all sides. There must be fast justice for the affected natives,” he told The Star yesterday.

Kallang, who is also Kenyah Association Miri Division chairman, said concerned members of the community have been visiting the blockade sites to check on the situation.

He said there was still no indication of a solution to the problem.

A community chief in Bakun, Penghulu Saging Bit, said the district officer in Belaga and Liwan, as well as Ulu Rajang MP Datuk Billy Abit Joo, had tried to negotiate an amicable solution between the Penans and the dam developers, but so far there was no solution.
“The Belaga district officer has asked the local community leaders in Bakun and Murum area to help out. Everyone wants to see a fair solution,” he said when contacted.

“We don’t want to see the Penans suffering like this,” he stressed, adding that some of the Penans had brought their children and the elderly to seek shelter at the longhouses at Sungai Asap Resettlement Scheme, some 120km from Murum dam.

Sarawak Coalition of Associations for Nature and Environment (Scane) chairman Raymond Abin told The Star yesterday that the Penans at the site wanted written assurances from the dam developers and the state government that their resettlement and compensation issues would be resolved soon.

“They want all the promises made by the state to be fulfilled. These include the RM500,000 promised to each Penan family who would be uprooted by the project and the land to be given to them at the resettlement sites.

“The sites must be the ones that the Penans had identified and all the facilities promised by the state must be provided as had been agreed upon,” he said.

Asked about the health of the Penans at the blockade sites, he said the people were determined to fight for their rights though many were sick and weak.

Some 350 Penans have been staging blockades along the roads leading to the Murum Dam in Belaga.
They are angry that they have been kept in the dark regarding their resettlement and compensation though the dam is reaching the last stage of construction.

Last week, Liwan acknowledged that the affected Penans had a right to demand fairness because they have not been given fair treatment by those handling the dam project.

Penan: Murum Dam Blockade 2012

A video on Penans protest against the construction of Murum Hydroelectric Dam Project. This was recorded on digital camera by the Penans themselve during the visit of the Belaga District Officer, Mr Halim Abdullah on 27 September 2012. He advised the Penans to dismantle the blockade but strongly rejected by the Penans. He promised to bring forward the Penans problems to the higher government authority. Mr Halim said, "if you want to do blockade, that's your right".

The Penans call on the Chief Minister of Sarawak, Abdul Taib Mahmud to visit them at the blockade site in order to resolve the issues and problems affecting them with regard to the Murum dam project.

http://www.youtube.com/watch?v=K7bh60Rwl4o&noredirect=1

Works At Murum Dam Paralyzed

Penans intensifies blockade on Murum dam construction

Murum, Belaga (5 Oct): The Penans are intensifying their blockade on Murum dam construction and against the Sarawak Energy Berhad with another linkage road to the dam site being blockaded yesterday.  The road is going through an oil palm plantation, was a narrow old logging road and passable by four-wheel drive vehicle only. Sarawak Energy Berhad (SEB) is using the road as an alternative route to the dam site for the past 3 days.  

Penans inside their hut while manning their blockade

Since the Penans started the blockade last week, Sarawak Energy Berhad (SEB) and other companies have stopped using the main access road to Murum dam project site. The major works on the construction of the dam have been paralyzed over the last one week. The drivers have gone home and park their cement tankers, lorry trucks and trailers with building materials at the road side near the blockade site. The access to the construction site of Murum hydroelectric dam project were totally blocked in all directions with the setting-up of second road blockade.

The number of Penans involved in the blockade has increased from 200 to 320 that comprised of people from eight Penan villages and a Kenyah-Badeng village of Long Umpa near Long Malim in Danum River. Within these few days more Penans are expected to join as most of them have completed planting their hill paddy farms.

The Penans are setting up camps around the blockade site at Seping River Bridge, about 40 Km from Murum Hydroelectric dam project site. Their makeshift huts “sulap” covered with wild-ginger and palm leaves as well as plastic canvases are seen around the area. Those families came with their babies, children and elderly parents are occupying an old logging camp workshop nearby the site.  Some of them made their huts using the deposed old zinc sheets that they managed to salvage at the old logging camp site.


A young mother nursed her 2 months old baby
near the blockade site

The Village Head of Long Luar, Madai Salo said that all his family members are involved in the road blockade. He came with his wife, sons and daughters together with his granddaughter of 2 months old.

Labang Paneh, a representative from Long Wat village stated that the blockade is a collective action of all the Penan villages affected by the construction of Murum dam project. “We will not remove the blockade or move out of here until our demands are resolved and fulfilled by the government”, he said.

The Village Head of Long Wat, Pinang Bo blamed the Sarawak Energy Berhad (SEB) for being disrespectful to the customs of the Penan community in Murum area. He said that SEB has intentionally destroying the most important Penan’s scared and historical sites of Batu Tungun, Batu Pebin and Batu Aseu at the project site and with lots more will be destroyed in due time by the construction of the dam.

The Penans reported that the China’s Three Gorges Project Corporation and its Chinese contractor companies have told their Chinese workers not to leave their camps and the Murum dam construction site for fearing of safety and of any untoward incident with the locals.

As to maintain security, peace and order at the project area, the government has deployed some at least 20 police personnel from the General Armed Forces to the blockade site. Some of these police were stationed at the Murum dam construction site.

The blockade has entered its tenth day since it was started on 26^th September by the Penans from the villages of Long Wat, Long Luar, Long Tangau, Long Menapa, Long Singu and Long Malim, Long Peran and Long Jaik villages together with a Kenyah-Badeng village of Long Umpa.

Raymond Abin, National Coordinator of Sarawak Conservation Alliance for Natural Environment (SCANE) said, the Penan communities are protesting against the negligence of the government to act and respond to their issues, problems and demands with regard to the construction of Murum dam project. "They are also protesting against Sarawak Energy Berhad for being disrespectful to their customs by destroying their scared and historical sites without their consent", he added.

The Sarawak Energy Berhad which is Sarawak Government owned Private Corporation has awarded the contract work of the Murum dam project to China’s Three Gorges Project Corporation for an estimated cost of RM3 billion.

The progress of the construction work on the major structures of the dam is about 70% completed. When completed, the Murum dam will flood about 24,500 hectares of native customary rights land and forest of the Penan villages. The dam catchment area is 275,000 hectares which comprises of mainly Pelieran River, Danum River and Usun Apau Plateau, the ancestral land of the indigenous communities in Sarawak.

The Murum dam project is scheduled to be ready by 2013.

The Penan Human Rights Abused in Murum Area

Baru Bian SOS to Suhakam on behalf of Penans

Oct 5, 2012

Sarawak Parti Keadilan Rakyat today urged Suhakam to probe human rights abuses against the Penan community in Murum committed by the state headed by the nation's reportedly richest man.

"The latest exposes carried in the alternative media and in some mainstream press in the past few days bring home to us the heights of heartlessness and hypocrisy this government has reached.

"The revelations tell of the unimaginable suffering of the Penans in Murum who have been treated in the most callous and contemptible manner by the dam-building bullies and the uncaring government headed by the man reputed to be the richest man in Malaysia," said Baru Bian,(right) chairman of Sarawak PKR.

Bian, who is also the state assemblyman for Ba'Kelalan, was commenting on the blockade mounted by the Penans to prevent workers from the Sarawak Energy Berhad and other companies from entering the Murum dam construction site, an action provoked by the state's failure to honour its promises.

Blockade enters 10th day

Bian said that they had been left with no choice but to put up the blockade to attract the authorities attention and civil society.

He added that the Penan of Murum need the support of every Malaysian citizen who cares about justice and humanity.

The details revealed in the leaked ‘Resettlement Action Plan' tell the shocking truth about the lives of the Penan and their total neglect by the government that "plans to wipe out the land which has been their home and provided their livelihood for generations,",he said.

"Assistance from the government is important but it has not been regular and in some cases, zero assistance given; they receive an average income of only RM154 per family per month, well below the official rural poverty line index of RM830 per month.

"They begged for teachers for years but none was sent; less than 10% have access to education," he said.

Bian also said that women and babies still die in childbirth for lack of medical support and no doctors, among other woes.

They had depended on the jungle for traditional medicine but logging had destroyed the herbs and since they have no identity cards they are without official status which means no access to poverty eradication programmes.

The PKR leader said: "Added to the Penan's litany of woes is the insult of James Masing (Land Development Minister) who claims that they are hostile because they lack understanding, and that they were not against the project per se but were unhappy about some of the things implemented without being properly informed.

"What is there to understand about the shameful way they have been treated?

"How would anyone of us like it if our house is destroyed, our bank accounts taken from us and our source of support obliterated from the face of the earth?

"Can we bear to watch our families suffer the indignities of poverty and the humiliation of hunger and hopelessness?

"Please do not be so blasé about the problems faced by the Penans by waving them off as a problem of communications, and pointing the finger at NGOs for instigating them.

"If anything, the NGOs should be commended for helping them to articulate their troubles as the government has preferred not to extend educational facilities to them to help uplift their lives or to help them in any other way," he said.

He said that as for Liwan Lagang, Assistant Minister of Culture and Heritage sent in to ‘explain' matters, the people would like to see what he hopes to achieve at this stage of development.

"I hope YB Liwan would be a real mediator between his people and the government of the day and be very neutral in this issue.

"The truth must be known and exposed to ensure a permanent solution," he said.

Bian added that the total and blatant disregard of Penan rights throw up again the hypocrisy of the government and their all too familiar form over substance hallmark.

He then called upon Malaysians to support the Penan cause by responding generously to the appeal for funds as they lack in every basic necessity and are enduring hardship at the blockade site.

"It is obvious that nobody in this current government has the will or the desire or the moral courage to do what is right," he said.

He pointed out that the people are now recognizing that this government has far overstepped the boundaries of decency and "descended into the den of dam-mad depravity".

"A change of government is the only answer to the insanity that has beset this country," he added.

Source: MalaysiaKini, Dukau Papau 3:23PM Oct 5 2012

Federal Court: Penans have land rights

Landmark win for Penans in federal court
October 4, 2012

KUCHING: The fight for recognition of native customary rights (NCR) on land received a shot in the arm following the federal court’s decision on Balare Jabu and others against timber company Merawa Sdn Bhd .

Hailing the decision, NCR lawyer Baru Bian said it was “another victory” in their legal battle for the claims and defence of NCR cases in Sarawak.

“This time a decision coming out from the apex court of Malaysia in my opinion, is very crucial and timely.

“A few cases pending at the Court of Appeal are waiting for this ruling,” said Bian, who is the Ba’Kelalan State assemblyman.

Commenting on the court’s decision handed last Tuesday, he said: “The Penans of Sarawak who initiated this legal action in the High Court at Miri complaining that the state government of Sarawak through the Director of Forests Sarawak issued to the Merawa Sdn Bhd a timber licence covering an area which was part of the Penans’ NCR lands and their hunting and fishing ground.

“The government and Merewar were successful in the first instance in their application in the High Court at Miri in striking out the Penans’ writ and statement of claim on ground that the Penans were caught by the provision of s. 2(a) Public Authorities Protection Act 1948.

“They submitted that the Penans’ writ and statement of claim was time barred since the Director of Forests of the state, a public officer, acted in accordance with written law when he issued the license under the Forest Ordinance and was protected by s. 2(a) Public Authorities Protection Act 1948.

“The Penans although conceding that they were caught by limitation since they did not file their writ and statement of claim within three years, contended that the High Court judge had erred as the Penans had also sought declaratory orders that the issuance of the licence was subject to native customary rights and the appelants in issuing the license, were in breach of their fiduciary duty,” he said.

Bian said that the Penans’ won their appeal at the Court of Appeal in a decision handed down on March 17, 2011.

The licencee, Merawa Sdn Bhd together with the state government appealed to the Federal Court, but their the appeal was dismissed on Oct 2, 2012.

The order was read by the Chief Judge of Sabah and Sarawak Richard Melanjun.

Bian said the Federal Court agreed with the Court of Appeal and further opined that since the timber license expired only in March 2012, the injury suffered or complained off by the Penans was still running and therefore the issue of the Penans filing their claims outside the provision of s. 2(a) Public Authorities Protection Act 1948 did not arise.

The court further ordered costs against the state government and Merawar in the sum of RM10,000

In the circumstances, the said case is now reverted to the High Court for a proper trial to determine the extent of the Penans’ NCR over the area as claimed in their writ and statement of claim.

Besides Melanjun, the other members of the Federal Court hearing the case were Arifin Zakaria, and Abdul Hamid Embong.

By: Joseph Tawie, FMT News

Sarawak Government violates international standards and indigenous rights on Murum dam

Murum Dam violates UN convention, says NGO

FMT Staff,  October 4, 2012

KUCHING: Swiss-based Bruno Manser Fund (BMF), which is leading the global struggle against Sarawak’s bid to build 12 mega dams and in the process strip the state of its rainforest and displace its indigenous communities, is demanding the immediate release of all studies related to the projects.

In a statement today, BMF said the projects were in violation of the international standards and indigenous rights as guaranteed in the UN Declaration on the Rights of Indigenous Peoples.

Malaysia is a signatory to the UN convention.

The statement came following a blockade of the access road to the Murum Dam construction site by over 200 Penan and Kenyah villagers from seven villages. They were representing 1,500 citizens from upstream and down stream villages from as far as 100km inland.

The blockade came about after a secret resettlement plan by the Sarawak government involving the moving of over 1,500 natives was leaked out to the affected communities just a few months before the impoundment of the 944MW Murum Dam is to start in early 2013.

Said BMF: “The impoundment of the Murum dam is meant to start in early 2013 and will flood almost 250km2 of forest and cause the displacement of six Penan and one Kenyah native communities.

“It verges on hypocrisy that the leaked Murum Resettlement Action Plan claims that ‘the main documents’ concerning the construction of the dam and the resettlement are ‘to be made available to the public’.

“But this has obviously not been done so far.

“The affected communities have only received information about the conditions of their resettlement through the report leaked to the whistleblower (online) website Sarawak Report.

“The withholding of the Resettlement Report goes against all international standards on transparency.

“We are demanding the immediate release of all studies conducted on any of the currently planned dams.”

No consent secured

According to BMF, the resettlement report revealed that the compensation offered to the affected communities is “anything but fair”.

“The monthly allowance to be paid after resettlement falls below the poverty level and ends after four years.

“In addition, the affected Penan and Kenyah have stated that they have never been asked for consent as demanded by international standards, such as the UN Declaration on the Rights of Indigenous Peoples.”

BMF has actively supported the Save Rivers Network campaign against the construction of the 13 dams, including the Murum Dam since the issue first came to light.

Earlier today, Save Rivers, a coalition of local NGOs, frustrated at the ignorance of local government leaders of national and international laws and the UN Declaration on indigenous communities, had offered to enlighten officials.

In relation to this, BMF said it “wholeheartedly supports this highly necessary tutoring on indigenous rights for the government”.

Penans submitted memorandum to Prime Minister on Murum dam.

Murum, Belaga: The Pelieran-Murum Penan Affairs Committee (Pemupa) has submitted a ten-point (10) demands in an Open Memorandum to the Malaysian Prime Minister YAB Dato Seri Najib Razak to act on their issues, problems and demands with regard to the on-going construction of Murum hydroelectric power (HEP) dam project.


Surang (left) with village Chief Asan shows the Memorandum
to be submitted to Prime Minister.

Surang Alung, the Chairman of PEMUPA stated that the memorandum presented a list of the Penan demands, among others are compensations, rights to lands and forest areas and the 10% royalty on energy generated from Murum dam. “This demand is minimal, the very least  that we submit to the government as compare to our invaluable livelihood, properties, large tract of customary lands and forest that are going to  vanish by the dam”, he added.

The Open Memorandum was mutually resolved and passed by about 300 Penans during a community meeting held on 25^th September at Long Jaik village. The meeting was participated by Village Chiefs and representatives of Penan villages from Long Wat, Long Luar, Long Tangau, Long Menapa, Long Singu, Long Malim, Long Jaik and Long Umpa.

The memorandum, written in Bahasa Melayu was endorsed by PEMUPA. It was sent through express courier and facsimile to the office of the Prime Minister and the Chief Minister of Sarawak. The Penans urge the two top government leaders to act immeadiately on their demands upon received the memorandum.

At meantime, the Penans are still putting up their blockade on the Murum dam access road and their number has multiplied from 200 to 320 people since they started protesting on 26th September.  

Murum Hydroelectric project is a mega dam built on the Murum River by Sarawak Energy Berhad, a company owned by the State government of Sarawak. The construction of the dam was awarded to China’s Three Gorges Project Corporation for an estimated cost of RM3 billion (875 million USD). The construction work of on the dam started prior to the approval of environmental impact assessment (EIA) report and without any social and environmental impact assessment (SEIA) being carried out. Murum hydroelectric dam has an energy capacity of 944MW, which is about 75% completed.

Sarawak Indigenous Penan and Kenyah Peoples Protesting Against Murum Dam

Penans, Kenyahs blockade RM3bil-Murum dam construction site in S'wak

MIRI: Penans and Kenyah Badeng blockading the RM3bil-Murum Hydroelectric Dam construction site is running into its eighth day with no sign of fizzling out.

In fact, the number of those involved has risen from 200 to 320, made up of people from eight villages directly or indirectly affected by the dam who claim that their appeals regarding their ancestral land and compensation had been ignored since work on the dam began in 2008.

The blockade has stalled construction work at the dam, which is about 75% completed.

The peaceful human blockade at Sungai Seping, which started on Sept 26, was organised by Hal Ehwal Penan Peleiran-Murum (PEMUPA) Belaga chairman Surang Alung as part of their last ditch effort to be heard by all parties concerned in the construction and development of

Sarawak Energy Board (SEB) when contacted by The Star on Wednesday indicated that they were monitoring the development at Murum closely.

SEB Corporate Communications Senior Manager Haniza Abdul Hamid said "We (Sarawak Energy) are working closely with the State Government to resolve the matter."

Most of the blockade participants are Penan and Kenyah Badeng from Long Wat, Long Luar, Long Tangau, Long Menapa, Long Singu, Long Malim, Long Jaik.

The 944MW Murum Hydroelectric Dam is the first of the 12 new mega dams to be built in Sarawak after Bakun and will flood about 245,000ha (245 sq km) of land.

By DIANE ROSE, The Star Online, Published: Wednesday October 3, 2012 MYT 5:05:00 PM