GOVT MUST RESPECT THE RIGHTS OF NATIVES

By : PETER MARAJIN

IT IS the non-fulfillment of the SFMLA that has jeopardized the natives living in the FMU area. Refer to newspaper article by Tan Sri Herman Luping’s which appeared in the daily Express on 05/02/2012 entitled 'Upholding Recognition Of Native Lands”.

In 1997, the state government announced its new policy on sustainable forest management and the adoption of Forest Management Units as the working blocks for the management of its forest, a bold step for a workable definition of SFM and action strategy to achieving it. A strong and continue political commitment at the highest level is indispensable for sustainable forest management to succeed.

Besides economic needs, the role of maintaining the ecological balance and bio-diversity are the biggest compulsion for the government's total commitment to and focus on conservation and reforestation. Saving Sabah's natural forest and ensuring the wellbeing of its people. The long term policy of FMU is a wealth creation program for the future generation.

The presentation of certificate of compliance to ten companies by current Chief Minister sometime in May 2011 is indication of its benefits to the State in the long run. If FMU policy is no good and does harm to the people I think the present government surely should have revoked and abolished the existing FMU policy.

FMU policy under Datuk Seri Panglima Yong Teck Lee's cabinet has taken into consideration all aspects of development in FMU areas including the interest of NCR, the community development, employment and training for local people and basic infrastructure and social development are incorporated in the Sustainable Forest Management Licence Agreements (SFMLA).

These are the relevant Clauses provided under SFMLA which clearly state that the native rights are well protected under the policy:

23. The rights and privileges of the natives under the existing laws and regulations, including Customary Law, are not affected or limited in any respect under this Agreement. The Licensee shall recognise such rights and privileges including, without limitation to those relating to entry into the Licensed Area to collect certain wood species and exploit Minor Forest Produce (as allowed and defined in the Forest Enactment 1968 and Forest Rules 1969) for its own personal use and not for business purposes.

24. The Licensee shall assist the Government in the implementation of community/labour welfare schemes within or adjacent to the Licensed Area. The welfare scheme would, interalia, include:

a) establishment of work place for the community;

b) development of education and medical facilities;

c) provision of communication facilities; and

d) active participation in the community development projects.

25. The Licensee will take appropriate steps to employ bumiputras in accordance with the National Development Policy.

26. The Licensee shall employ Malaysian Nationals with specific preference to Malaysians of Sabah origin to perform all work and to render all services within Sabah, except to the extent that the Licensee shall reasonably demonstrate to the satisfaction of Government that qualified and suitable Malaysian Nationals are not available thereof. Notwithstanding the foregoing, the employment of non-Malaysians is subject to the approval of all State/Federal Government Departments/Agencies having jurisdiction with respect thereto. As a condition precedent to the Licensee’s right to demonstrate that Malaysians are not available, the Licensee shall prove that it has conducted and is continuing to conduct a broad and vigorous recruiting and training programme for Malaysian personnel.

FMUs are not newly gazetted forest reserves. The real problems lie with the non-compliance of the terms of SFMLA by the some of the FMU licence holders, the SFMLA signatories, including the present Government. It is this present Government which started to evict villagers and burnt their houses and destroy their crops. The current on-going evictions are illegal. That is why the villagers are winning Court cases.

With due respect, I believe Tan Sri Herman Luping’s version of the FMU issues are muddled. On one hand, he criticizes Yong Teck Lee for introducing the FMU policy, whilst on the other, praises the current Chief Minister for the seemingly good report on sustainable forest management To add salt to the wound, his praises only seem to justify the barbaric actions of the present administration in acting against the villagers, especially the natives of Sabah.

The government must ensure the FMU licence holders must adhere with strict compliance with the terms of the agreement which not only covers the policy implementation and operational practices but also to full fill the obligation of the SFMLA on native communities. Only by doing so can the interest of the natives in FMU areas be protected.