[asia-apec 29] solidarity request from Sarawak

[IPK by way of daga <daga at hk.super.net>]

                 Longhouse Communities Along Mile 27 to 38
                    Bintulu-Miri Road, Bintulu, Sarawak
                           solicit your support


On 17 July 1996, after the Miri High Court hearing on the case, Austral
Enterprise Bhd - Rajawali warned the over 188 longhouse families who refused
to be resettled that it would apply for an order to evict them from the
disputed land. The lawyer for the company said that although an agreement
was reached by the former lawyer of the settlers and company's, these
families still disagreed with the proposed scheme of resettlement. The company
lawyer further said that if these families refused to accept the resettlement
scheme, ie. strictly three acres of land for each household, the company would
file a suit against them for contempt of Court.

However, the affected families, in a press conference before hearing, urged
the authorities and the company concerned to respect the ADAT ASAL and
Native Customary Rights of the people. These Iban families have been living
and farming on the land for almost two decades. They are determine to defend
their lands within the longhouse boundary.

Meanwhile, High Court Judge, Mr.Tee Ah Sing has advised the defendants to
engage a lawyer to further defend them for next hearing on 19 Sept, 96. This
land dispute has started since 4 years ago.

Since August 1993, 471 farmer families along 27-38 miles Bintulu-Miri Road
received an eviction letter issued by Rajawali and Austral Enterprise. This
letter informed the residents there to move to the opposite side of the road,
where they will be allowed to stay as temporary squatters on company land
upon signing of an agreement drafted by the two companies. Out of these 471
families, two hundred thirty-four (234) families (and now 188 over families)
refused to be moved from their Lands that were created according to Native
Customary Rights practice of the Dayak community with permission from the
area Penghulu (District headman appointed by the government). They
responded to the eviction letter by sending protest letters (twice) and also
sent representatives to meet with the companies in the presence of local
authority, the Resident.

On 6th, october 1993, the residents again received another letter of eviction
issued by Rajawali Estate and Austral Enterprises, who threatened to use
Section 447 of the Penal Code against these families who refused to be moved
from their Native Customary Rights (NCR) land. Sect. 447 of the Penal Code
reads: "Punishment for criminal trespass - whoever commits criminal trespass
shall be punished with imprisonment for a term which may extend to three
months, or with fine which may extend to one thousand ringgit, or with both."

The families were given three months to move out from their own land to make
way for the oil palm companies. They responded to the 6 January 1994
deadline with a three-day gawai (celebration) in Rh.Tungkus at Mile 28. On 12
Jan, the 14 headmen met with the Bintulu resident and officers of the Bintulu
Land and Survey Department. Subsequently, a group of headmen and leaders
went to Kuching on 31 Jan and 1 Feb, 1994 to meet with the authorities to
resolve the dispute over the rightful ownership of land now under concession
to AEB. When the group arrived at the Ministers' office (Chief Minister Taib
Mahmud, and Minister of Environment James Wong, Minister of Land
Development Celestine Ujang) they were told that these ministers were not
around. In fact, letters of appointment were sent a week earlier before the
actual visit.

On 3 August, 1994 Austral filed a suit against these farmers in Miri High
Court. The first hearing was held on 18  August, 1994. Below is the sequence
of events which led to the situation faced by the longhouse communities in
Bintulu.

Date              Chronology of events

1979        Construction of an LNG (liquified nitrogen gas) Plant
            in Bintulu was given to Dailam CO, who recruited
            thousands of native people from Kapit, Sarikei, Julau,
            Kanowit, Miri as construction labourers.

1981        LNG planted was completed and the native labourers
            stayed on to "berimba" (the felling of virgin jungle
            and the cultivation of the land thereby cleared,
            according to native customary rights in accordance
            with the native customary law, or Adat Asal).

1982        More people moved here from Pakan, Saratok,
            Kanowit, Kapit, Miri and Mukah. At this time, Anib
            Plantation, with a provisional lease of Crown Land,
            entered the area and opened a cocoa plantation at
            46.6 to 62.7 km Bintulu-Miri Road (Lots 2080 and 2082
            Kemena Land District).

1984        More than 100 families who have stayed for over 10
            years wrote to the Land Survey Department, the
            Sarawak Chief Minister and Land Minister asking
            them to recognize the land they have stayed and
            farmed, according to Native Customary Rights (Adat),
            but there was no reply to their application.

30 Aug 85   Letter of application for recognition of Native
            Customary Rights to the land was sent again to the
            Chief Minister, attached with a letter from Tuai
            Rumah Bunsu ak Muyang from 25th Mile and Penghulu
            Entuba ak Bakol who was in-charge of the area. The
            attached letter stated that they had given permission
            for these Iban families to create NCR land according
            to the Native Adat along 27th to 30th mile, Bintulu-
            Miri Road.

13 Jan 86   Mr.Robert Segie, Pegawai Pentadbir Sarawak, Bintulu
            acknowledged the application of Tuai Rumah Minggu
            Ak Chagat for land between 27th to 30th mile,
            Bintulu-Miri Road.

9 Aug 86    A letter from Anib Plantation stating that Anib
            Plantation had only agreed to boundary from mile
            27th to 29th, Bintulu-Miri to be allocated to the
            people and not to mile 30th as stated in Tuai Rumah
            Bunsu and Penghuluu Entuba's letter as well as in
            Mr. Robert Segie's letter.

23 Mar 87   Another application letter to the Chief Minister to
            grant native rights over land to mile 30th, in view of
            the expanding population.

Mar 88      The expanded population had farmed up to area at
            mile 38, along this road. All the longhouses had
            applied in writing to either the Bintulu Resident or
            the Chief Minister for native rights over the land
            they settled and worked on.

11 Feb 93   Austral Enterprises Berhad (AEB) of West Malaysia
            and Anib Plantation called to meet longhouse
            representatives in the Resident's conference room to
            discuss land rights matter. No resolution from the
            meeting.

Aug 1993    AEB and Rajawali Estate sent a letter to the people
            asking them to sign an Agreement (to move out of
            the land). Out of the total 471 families along the
            affected area, 234 families disagreed with the
            conditions  of this agreement and did not sign.

Sept 93     AEB in joint venture with Rajawali Estate started to
            clear the land.

6 Oct 93    AEB issued eviction letter to the 234 families (14
            longhouses) along Mile 27 to 38th, giving them three
            months to move out. The families were determined to
            stay put on their land, despite the eviction letter.

5-7 Jan 94  About 800 people from the 14 longhouses along Mile
            27 to Mile 38 along the Bintulu-Miri Road and friends
            from other areas, gathered for a Gawai Tuah Bansa
            Dayak (Celebration for Good Fortune) and Mengap
            (ritual poem) ceremony at Rumah Tungkus, Mile 28.
            The gawai, part and parcel of the Dayak communities'
            tradition, was held to unite the people from the 14
            longhouses (234 families) who were being forced off
            their homes and lands by the use of power by AEB
            and its connections.

12 Jan 94   The heads of the 14 longhouses met with the Bintulu
            Resident and officers of the Bintulu Land and Survey
            Department.

24 Jan 94   Anib plantation transferred the two said lots along
            Bintulu-Miri Road to Austral Enterprise Bhd.

31/1-1/2/94 Representatives went to Kuching to meet various
            state Ministers, but they were told that the ministers
            were all not around.

12 Apr 94   Austral Bhd, together with Bintulu Resident and
            official of Land Survey, called the representatives of
            affected households to a dialogue meeting at Austral's
            plantation office.

3 Aug 94    Austral filed a suit against the settled families in Miri
            High Court.

18 Oct 94   First High Court hearing at Bintulu.

16 Feb 95   Second hearing at Bintulu. Plaintiff lawyer requested
            for postponement to answer questions raised by
            defendants' counsel. The Court agreed with cost to
            be paid by the plaintiff.

28 Feb 95   About 9.00am, Iban folks Headman Kutau, Batut,
            Rampai, Kadir, Edwin, and Ajang's NCR farm land
            were being encroached by Austral Enterprise Sdn
            Bhd. The said company planted oil palm trees on
            their "temuda" without permission.

            The 6 persons lodged a police report at Bintulu
            Central Police Station  on the matter on 12/5/1995
            seeking the police to investigate and take action on
            the said company. The land dispute between the said
            company and over 200 Iban families in the area is
            pending in the High Court and the next hearing was
            fixed on 26 July 1995.

26 July 95  The High Court agreed to counsels of both parties to
            work out settlement outside the court. Next hearing
            fixed on September, 1995.

27 Sep 95   The High Court Justice Richard Malanjun approved
            the 15 longhouses involved in the dispute to stay put
            at their existing localities. Each of the 209 households
            will get less than three acres or more for practical
            purposes.  The areas and boundaries between
            longhouses and the company were to be determined
            and surveyed by Austral together with the
            defendants. The sketch map of the defendants is to
            be used as a guide. This formulated agreed between
            the lawyers of both parties should be implemented, if
            possible, within the next six month. The case was
            adjourned to 27 Mar. 1996

27 Mar 96   The case was further adjourned to 17 July 1996 as
            the survey works are still yet to be completed.

The affected longhouses are:

Rh.Minggu (Batu 28)    Rh.Tungkus (Batu 28)    Rh.Kujah (Batu 28)
Rh.Mesa (Batu 28)      Rh.Chawong (Batu 28)    Rh.Radin (Batu 28)
Rh.Jemat (Batu 29)     Rh.Sampang (Batu 30)    Rh.Kutau (Batu 31)
Rh.Paing (Batu 31)     Rh.Mujah (Batu 31)      Rh.Kemey (Batu 34)
Rh.Kakong (Batu 36)    Rh.Nyumbu (Batu 31 1/2)

DEMANDS OF THE PEOPLE:

1.    That the lands which they are living and farming on, according to the
      sketch maps of each longhouse, to be alienated fully to them. " Strictly
      three acres per household" as insisted by Austral is impossible for a
      household of eight to earn a living in Bintulu.
2.    That their Native Customary Rights over their lands to be legally and
      fully recognized by the authorities and the company concerned.

To the AEB

1.    That AEB recognizes and respects the Sarawak indigenous peoples'
      rights to their land created according to Adat; and
2.    That AEB stops disturbing the people's temuda ( Adat land).
      Compensation for damages of the farms should be paid to those families
      affected in February 1995.

What is Austral Enterprises Berhad (AEB)?

Austral Enterprises Berhad is a subsidiary of the Island and Peninsular Group
(I&P) under the Permodalan Nasional Berhad (PNB). The PNB was set up under
the Federal Government's New Economic Policy (NEP) to increase bumiputera
participation in corporate equity. Some of the AEB directors are also said to
be 'big shots' in I&P and PNB.

I&P was incorporated in November 1963, largely dealing with housing/property
development. In brief, PNB acquired substantial stake in I&P when the holder
Pernas sold it to PNB in 1981. In 1984 I&P became an investment holding
company.

Today, I&P has also diversified into the plantation sector. According to the
Managing Director of I&P, Md.Yusof Hussin, "I&P  needs to diversity its source
of income and plantation gives us a good base; 30 per cent of our income is
derived from the plantation sector." (Business Trends, TV3, 4/2/94).

AEB bought over the portions of land along Bintulu-Miri Road from Anib
Plantations . However, Anib who owned the land since 1982, had not worked
on the whole area all through the years until the eventual sale to AEB.

Who's Who in AUSTRAL ENTERPRISES BERHAD (AEB)

Company Director:- Tunku Tan Sri Imran Ibni Tuanku Jaafar, a member of the
royal family from Negeri Sembilan, West Malaysia. He is also the director of
Island and Peninsular Berhad (Group), the Chartered Bank Trustee (M) Berhad,
Aluminium Company of Malaysia Berhad and the Arab-Malaysian Merchant Bank
Berhad.

Company Director:- Bustari bin Haji Yusuf, a Sarawakian Malay.

Advocate and Solicitor:- Shahrizhat @ Shahrizat bt. Abdul Jalil. Also director
of the Island and Peninsular (Group). West Malaysian.

The remaining seven directors are all from West Malaysia; six are Malays and
one is a Chinese. Two are also directors of I&P (Group).

WHAT YOU CAN DO?

Please write polite letters, as a single person or as an organisation, to the
Chief Minister of Sarawak, Minister of Land and Development and the Directors
and shareholders of Austral Enterprises Berhad (AEB).

ADDRESSES:

Sarawak Government

YAB Datuk Patinggi Tan Sri Haji Abdul Taib Mahmud
Chief Minister of Sarawak
Tingkat 22, Wisma Bapa Malaysia
Petra Jaya, 93502 Kuching
Sarawak, Malaysia


YB Datuk Celestine Ujang anak Jilan
Sarawak Land Development Minister
Kementerian Kemajuan Tanah
Tingkat 5, Wisma Bapa Malaysia
Petra Jaya, 93502 Kuching
Sarawak, Malaysia

Austral Enterprises Berhad (AEB)

Tunku Tan Sri Imran
Company Director
115-A, Antah Tower
Off Jalan Kuching
51200 Kuala Lumpur
Malaysia (residential address)

Bustari bin Haji Yusuf
Company Director
Lot 251, Jalan Bunga Tongkeng
Kg.Gita, Kuching
Sarawak (residential address)

Shahrizhat @ Shahrizat bt. Abdul Jalil
Advocate and Solicitor
No.10 Jalan Setiakasih Satu
Bukit Damansara
Kuala Lumpur
Malaysia (residential address)

Austral Enterprise Berhad

24-31 Jalan 8/55A
Taman Titiwangsa
54200 Kuala Lumpur
Malaysia

or P.O. Box 12378
50776 Kuala Lumpur
Malaysia

Tel: (6) 03 - 4567100
Fax: (6) 03 - 4572786