Final Statement SALT 3

THE FINAL STATEMENT OF
IMCS AP SOUTH EAST ASIA PROGRAM

SCHOOL OF ACTING JUSTLY, LOVING TENDERLY AND TREADING HUMBLY WITH GOD (SALT) 2010
UMA BALUI LIKO, Sg. ASAP ULU BELAGA SARAWAK, MALAYSIA.
7th-18th of June 2010

Introduction

We, the 23 tertiary Christian students from the various institutions of Malaysia, and South Korea gathered at Uma Balui Liko, Belaga, Sarawak from 7th to 18th June 2010 to participate in the “School of Acting Justly, Loving Tenderly, and Treading humbly with God (SALT) 2010” jointly organised by Malaysian Catholic Students’ Council (MCSC) and International Movement of Catholic Students Asia Pacific (IMCSAP).  This programme is held for the third time in Malaysia. SALT is a school with space and time for affective bonding amongst the participants, fostering a sense of teamwork, partnership and communion among the participants. There were a process of mutual enrichment through information sharing, training in Native Customary Rights (NCR) and informal interactive learning by experiencing the reality of the Kayan and Kenyah communities situated nearby the area affected by the construction of the Bakun Dam.       

Aims

     Study the United Nations’ Declaration on the Rights of the Indigenous Peoples     (UNDRIP) regarding the standards of justice and violations of human rights. Develop critical understandings and strategies to uphold the fundamental human rights through effective networking and advocacy at international, regional and at the grassroots levels.

    Create a platform for university students to analyze the Human Rights conditions of the Indigenous Peoples in terms of Socio-political, economical, cultural, spiritual and religious perspectives.

    Develop critical understanding on the realities faced by the Indigenous Peoples and to empower students to journey with the Indigenous Peoples.

    Evaluate the present efforts, plan further actions and campaigns characterised by social reforms for the indigenous peoples against institutionalised discrimination at all levels.

    Depict what sustainable development needs by being socially just, economically productive and culturally vibrant.

    Create awareness towards indigenous children on importance of their education and development.

    Create awareness among the participant of SALT regarding issues brought by TAHABAS (Tanah Hak Anak Bangsa Sarawak) and discussing the right way to protect Native Customary Rights (NCR) land.

    Share with both rural communities (students and youngsters) regarding the information on securing financial assistance for the admission into the local tertiary institutions.      



Objectives

(a)    Enable our university students to understand the controversial issues of NCR lands of Sarawak Indigenous Peoples (IP) in relation to the construction of Bakun Hydroelectric Dam, logging activities, and cash crops plantation (i.e oil palm).
(b)    Understand the factors that led to the resettlement of the Kayan and Kenyah communities of Long Lawen, Uma Apan, and Long Bangan in the name of development by the government to give way to the construction of the Bakun Dam, and the effects faced by them due to the relocation.
(c)    Urge the government to be fair to every Malaysian citizen without considering their political views.
(d)    Respond in faith to the struggle of the IPs so that we are aware of our roles as university students through critical analysis and theological reflections.
(e)    Learn about the cultural traits of the community such as the traditional dance, weaving traditional handicrafts and playing cultural instruments, e.g sape (musical instrument), ngajat (traditional tribal dance), and naming ceremony according to the tradition of Kayan and Kenyah. 


Observation

The three villages that we have visited do faces the problem of human rights violation especially NCR land, marginalization in terms of their rights to have proper basic facilities, and ecological disruption.
Most of the problems are caused by the logging companies such as Shin Yang, Samling and KTS Timber and also the state government’s decision that declared the NCR lands belong to them. Besides, although each of the villages are  still maintaining their own culture, most of the adolescents need to have an awareness of the importance to learn and to uphold their custom in order to ensure it will be inherited by the next generation. The information of the villages and the problem occurs are mentioned below:


Long Lawen

Long Lawen was a community which refused to re-locate to a government settlement village when the building of the massive Bakun Dam flooded their lands. Most of the communities were moved to the Asap Koyan river resettlement area. Half of the displaced Long Gang Community chose to move back to their ancestral lands in Long Lawen of Tekulang river, deep in the rainforests of Sarawak, where they re-established their village and are working to protect their lands from deforestation and oil palm plantation creation.
There are a few reasons why the Kenyah Badeng from Long Lawen of Tekulang river refused to move to Asap Koyan area. First, the Kenyah from Long Lawen were vocal about their rights and as an indigenous people it is their rights to defend their ancestral land which is in Tekulang river. Secondly, they felt that they cannot afford to live in Sg. Asap, Koyan area, because the size of the land given by the government is too small whereby the land given to each family is only 3 acres. This is because majority of the villagers were farmers who cultivate paddy fields which need to alternate the place of cultivation every year. And lastly, the villagers feel that they cannot afford to pay the price of the house which is very expensive and cost them RM 52,000. Therefore, the Kenyah Badeng in Long Lawen decided to remain at Long Lawen of Tekulang river.

Facilities

The community owned a micro hydroelectric system, and Flying Doctor Service (FDS) provided by the government once a month. The micro hydroelectric system used to generate lights and power was funded by NGO called Green Empowerment, and the villagers pay a certain sum for the maintenance. This alternative energy system gives the community of Long Lawen the opportunity to be more self-sufficient.

Problems

The school and the clinic were built by the villagers themselves with their own budget with the intention that the government will provide them with funds, teachers, and medical officers. However, the excuse made by government is that they cannot provide teachers or educational materials because the numbers of students are few. As for the clinic, the government refused to provide service because they had provided FDS. Furthermore, it took 5 hours in good weather to reach for nearest clinic which located at Sg. Asap, and it cost RM 50 per trip. Thus, the average birth rate per year decreases from 10 babies at Long Gang to 4 babies at Long Lawen due to the financial constraint and limited way of transport including the bad condition of the logging road which is very dangerous.

At Long Gang they have clinic and school, so it is very easy for the women because they can sent their children and can go to farm or do their everyday life at farm or house. But when they move to Long Lawen, the women and children have to rent a house at Sungai Asap so that the women can monitor and send their children to school and go to clinic for medical check up. It is easier to find kitchen raw material for food such as fishes, wild boars and etc. this is because Long Gang have more than 3 rivers and the NCR land is larger than the one they have in Long Lawen. Thus it is easier to find food in the forest and river.



Uma Apan

Uma Apan is located around 30 minutes drive from Bakun Dam. Due to the threat of flood and force relocation by the government, the residents of Uma Apan have abandoned their long house which is located nearby the riverbank of Mejawah river. In present time, most of the villagers are staying around the Bakun area, along the roadside where their farm is located. The main ethnic of the people of Uma Apan is Kayan. Most of the villagers rely on the logging company and the construction of the Bakun Dam to support their living. Some of them do involve in farming such as oil palm plantation, general workers in the Bakun Dam and doing a small business, example grocery shop and mini filling station as their sources of income.

In terms of politic, this village is led by a female leader (Tuai Rumah) Mdm. Lukut Kesing. Based of the information given by the villagers, only the members of the royal family (Maren) that is staying at the local community can be selected to become a candidate of Tuai Rumah.
Almost all of the residents of Uma Apan are practicing Christianity as a religious belief that consist of two different denominations, Catholic (majority) and Sidang Injil Borneo (SIB).

Problems
    Issues of NCR land
Due to the decision by the state government regarding the status of the land of Uma Apan, declaring that the land where their resettlements and farms are located belongs to the government of Sarawak, the people of Uma Apan have filed a lawsuit against the state government. The final hearing will be held in the Miri Magistrate Court on the 31st of June 2010.

Besides the state government decision, some of the villagers’ lands are taken by the logging and the oil palm plantation companies without any agreement or proper negotiation with the owners of the land (villagers).

    Unpaid and unfair Compensation
Each of the villagers where their land is taken over or tresspassed by the oil palm plantation and the logging company (Shin Yang) are not properly compensated by the parties involved. Most of them received a very small amount of cash (RM200 per hectare). Since 6 years ago, the affected villagers are still waiting for the payment of the compensation.

    Political Marginalization

The residents of Uma Apan have become the victims of marginalization from the ruling government due to the political views or the supports they gave to the opposition party, Parti Keadilan Rakyat (PKR). Case of rejection of job application by one of the residents did happen because of this reason.  

    Demolition of houses

Most of them move and build their houses nearby the Bakun area (another part of the village). Unfortunately, government declared them as illegal inhabitants and without any humanitarian concern, demolished their houses in front of their eyes.

    The lack of basic facilities

Besides the access of the Bintulu-Bakun highway, the village is still left behind in term of the availability of the basic needs such as proper water supply and electricity. People of Uma Apan is depending on the gravity water system from the nearby waterfall and mobile generator as source of electricity. The nearest clinics are located  in the town of Asap and Bakun (Malaysia-China Hydro). 


Uma Sambop

Uma Sambop is a Kenyah longhouse located at Batang Belaga, consists of 500 villagers and it is surrounded by forest and near to a river. There are 4 blocks of longhouses and led by a headman, Mr. Simon Abit. Most of them are plantation workers and government servants such as teacher, police etc.

Problems

    Poor Leadership skills

    Based on our observations, poor leadership is one of the major problems in this village. As an example, the miscommunication between the headman and the villagers in planning of any special occasions, and the lack of concern about the time punctualities. Besides that, the headman is too lenient towards his community.

    Pollution

    River is being polluted due to the logging activities and oil palm plantation. Other than that, the village also have poor drainage system which contribute towards water pollution.

    Culture

Uma Sambop is a Kenyah’s longhouse. Kenyah people has their own culture for example ‘ngajat’  dance. However their culture is being threatened by the modernization, e.g Poco-Poco Dance.

Long Bangan

 Long Bangan is a community which is part of Sungai Asap land where the resettlement area is placed in some parts of its land. Land lease had been given to companies to develop the land for the plantation of oil palm and clearing of the land for logging. This community’s longhouses were burned down several years back, so now they are living in farm house or “langkau umai” with no proper water and electricity supply. The construction of new longhouses had started and approximately by the end of this year the first block will be completed. The changes of ecosystem happening here is the river becoming muddy, because of oil palm plantation and logging activities. The community in Long Bangan is now currently filing the summons to sue the logging companies, oil palm companies and the government for trespassed their land. They hope that in a few years to come, they can win the proceeding.

Action
Our concrete responses as SALTers via the process of experiencing the reality, critical analysis, faith reflections and discussions are:
    To publicize and create awareness among fellow IP students the issue of NCR by creating a video documentation of this SALT program and disseminating it through various media.

    Organize a cultural programmes with the indigenous youths so that the next generation and our society are exposed to their traditional culture.

    Appreciate, preserve and promote our own cultures by learning local cultural expressions, traditional knowledge, practices, customs, dance, and music.

    Promote solidarity with people of different religions and culture by living and sharing their aspirations, struggles and their hopes. This can be achieved through homestay,  visiting each other during festive seasons (rumah terbuka) such as Hari Gawai.

    Encourage other student movements to organize similar exposure-immersion programs.

    Organize fundraising for the purpose of  IP education, especially in terms of learning tools such  as books and stationaries.

    Maintain the communication with the communities in order to provide continuous moral support and to keep abreast of their situation.

    Educate the IP to keep and preserve their historical sites such as Pulau Galau, and the graveyard of their ancestors, as indicators of NCR land. 


Recommendations

We propose the following recommendations:

Campus Level (CSS/CUS)

    Organize open forum and panel discussions to spread the issues faced by IPs.
    Organize outreach programme such as humanitarian mission with the IPs.
    Collaborate with the IPs in celebrating the World Indigenous People’s Day to understand and appreciate the cultures and traditions.


Indigenous Peoples (IP)

    Encourage the IP to promote their unique cultures to the outsiders especially visitors and tourists through cultural performances and homestay.
 
       Ministry of Education 

     Put in the rights of the IP and United Nations’ Declaration on the Rights of the Indigenous Peoples (UNDRIP) and in the syllabus of Malaysian education systems.


Mass Media

    Increase the role of mass media in promoting the cultures and traditions of the IP.
    Exercise a bold, transparent and prophetic voice for all issues faced by the IP.
    Assist existing NGOs that empower the IP and voice out their issues.


NGO

    Listen to the IP regarding the issues and the problems that they faced.

    Provide more assistance in terms of support group, related education and training, advocacy, and press conference.

       Voice up and spread the stories of the violation of NCR in order to push the related parties such as logging companies and the state government to be responsible in order to solve the problems of the IP caused by them.

The Sarawak State Government

     Respect and honour UNDRIP. This means the rights of the IP of Sarawak will be protected and their NCR lands, cultures and traditions will be respected.
    Initiate a process of consultation and cooperation with the IP to obtain their free and informed consent, prior to the approval of any projects which will affect their lands and territories.
    Provide free electricity and water to the relocated IP as promised.
    Set up more cooperatives to ensure fair trade of the native handicrafts to enlarge their market.

Christian Federation of Malaysia (CFM)
   
    Encourage and support the various parties/organizations that help campaign for the rights of IP.
    Create ministries within the church that collaborate with a body of legal advocates to promote IPs’ rights in the state level as well as in the international level.
    Create awareness among the Malaysian citizen to register as a voter and exercise their electoral power with a clear conscience in choosing an ethical and accountable government.

United Nations

    We recommend that the UNPFII (the United Nations Permanent Forum on Indigenous Issues) conduct regular monitoring and evaluation for the implementation of UNDRIP as well as impose sanctions on nations that neglect the implementation of the UNDRIP document.

SALT 2010 Declaration on the Indigenous Peoples in Malaysia
We, the members of the School of Acting Justly, Loving Tenderly and Treading Humbly with God (SALT) 2010, hereby declare to uphold the dignity and rights of the marginalized indigenous peoples through our actions of raising their issues and work with them at various levels. Since Malaysia is a signatory of the United Nations’ Declaration on the Rights of the Indigenous Peoples (UNDRIP) and the Universal Declaration of Human Rights (UDHR), we demand the government, specifically the state government of Sarawak to implement and honor UNDRIP, NCR status and UDHR, in terms of the protection of their lands, cultures, customs and way of life. As human beings, they are to be treated fairly and justly.