Naman Iban Communities Are Not Happy With Issuing Of Timber Licence Over Their NCR Land

Rembang Timber Sdn. Bhd. was given a timber licence No.:T/3478 by the government through Director of Forestry to log Sungai Naman area which includes native Iban's territories which are their "pemakai menua" which is made up of temuda, pulau, tembawai,cultivated land, gardens, rivers/streams and burial grounds which are their native customary right land. The licence holder engages Jinhold Sdn. Bhd. as its logging contractor. Sarawak Forestry Corporation is the authority that issues Permit To Enter Coupe to logging contractor to extract timber from the said area.

Many members of the Iban communities in Sungai Naman, Sibu, Sarawak, Malaysia are not happy with the logging activities in the communities' territories. The communities viewed the loggers who are armed with Timber Licence and Permit To Enter Coupe over their native customary right land as llegalised robbers. Tuai Rumah Endam anak Jambing, Kalai anak Sibok and Jawa anak Tabor had written to the authorities to stop the illegal logging in the communities' territories.

The Iban communities in Sungai Naman area have ancestral pre-colonial link to their territories. It is this link that distinguishes them from non-natives. As Iban by race, Section 3 of Interpretation Ordinance and Article 161A(7) defines Ibans of Sarawak as native people.

The term ancestral/traditional land and customary rights had generally been used interchangeably refer to land occupied and utilised by the native
(i) individuals,
(ii) families, and
(iii)communities,
since time immemorial, either by themselves, or through their predecessor-in-interest, continuously to the present. Their inalienable rights to land and resources confirm that they always have ownership and stwardship over their territories.

The rights of the natives to their land and resources have been systematically ignored by loggers and state authorities. State's silence and inaction to illegal logging means YES to illegal logging over NCR land. Breaches of the native peoples' property rights committed by the loggers/legalised robbers have gone largely unpunished by the state although Article 8(1) of Federal Constitution of Malaysia put all persons equal before the laws and are entitled to equal protection of the law.

Loggers exploit the native communities by taking advantages of their poverty, illiteracy and ignorance as well as by intimidating them. They not only carry indiscriminate logging which drastically changes the physical landscape of the communities' territories but they would also cheat the native communities of their land resources and culturally change the communities.
Their activities would cause extensive destruction to ecosystem, land, crops, burial sites, forest resources, and pollution of rivers or streams.

Logging bring conflicts between the loggers and local communities. Conflicts often happen between the communities and legalised robbers because the native communities resist or oppose their activities. Loggers could easily buy community leaders and other personalities within the communities who in turn do favour for the loggers to suppress members of the communities. This may cause rift amongst the members of the communities.

Logging activities are deforestation process and a way of destroying biodiversity resources. They are contributing factor of climate change. Climate changes affect native Ibans and all humanity. In addition ecological system and their rhythms are affected and in turn they contribute to deterioration of quality of life of the Iban communities.

Tuai Rumah Endam anak Jambing, Kalai anak Sibok and Jawa anak Tabor viewed that the authorities wrongdully issued a Timber Licence over the communities' NCR land. They alleged that the authorities had kot made reference to Land Use Map which is available at Land and Survey Deparetment for minimun standard of reference before issuing logging licences and permits to enter coupes. It seems that the authorities either abused their power with regard to the issuing of the said documents.

Observation shows that the authorities are using the loggers' facilities when they conduct any investigation. This situation puts the officers involved into high risk into committing corruption.The authorities are paralysed becaused of lack of staff members and lack of facilities as a result of privatisation of forestry matters. Young indigenous officers were transfered or seconded to other government departments. These factors enhance illegal logging to flourish in the state of Sarawak. Sarawak is losing revenue from timber industry due to illegal logging and lack of control over loggers, either illegal or legal.

Tuai Rumah Endam anak Jambing, Kalai anak Sibok and Jawa anak Tabor have yet to receive a reply from the authorities up to this date.In their advovacy, they had led a group of followers to errect a signboard at the road side to warn the companies as well as government authorities not to disturb the communities' territories.