Saturday, 10 May 2014

Upset legislator wants timber license issued to Mastika Jaya revoked

By Simon Peter

KUCHING, May 10, 2014: Batang Ai state legislator Malcolm Mussen anak Lamoh has hit out at the State government for continuously renewing a license to Mastika Jaya Plantation Sdn Bhd to extract timber from native customary rights (NCR) lands in his constituency.

The NCR lands belong to the people from four Iban longhouses in Lubok Antu district.




"I am deeply disturbed by the issuance of this timber license in my constituency," he said when debating the Governor's Royal Address yesterday.

He said that the people from these four longhouses - Danau, Kandis, Bukong Atas  and Bukong Baroh-  bear the brunt of the extraction of timber from their NCR lands.

"Despite numerous written and verbal protests by those longhouse residents over the last 5 years, the licensee continued to harvest timbers and plant oil palms in the licensed area without consultations and Prior Informed Consent (PIC) from the affected landowners.

"So far,  the licence have continued to be renewed every year and worst still company persists to
extend the license to cover more shifting cultivation areas which include not less than eight old longhouse sites or tembawai and those adjacent areas already gazetted for communal reserves through the Perimeter Survey Initiative by the Land & Survey Department in 2010.

 "After occupying these areas for 14 generations spanning not less than 300 years definitely some of the cleared lands either as temuda, pala umai  or tembawai would look like primary forests, except for those isolated burial sites we called pendam and pulau ulit which has some ritual significance.

"Their contention is that those aerial photos taken only in the 1950's would not be adequate to determine whether those pockets of so-called primary forests surrounded by shifting cultivation areas had not been cleared hundreds years earlier, as compared to the oral tradition, customary practices and narratives over the NCR land areas.

"In those days, be it farming, fishing or hunting for food, it is the very essence of
their way of life.

"In any case, a search with the Land and Survey Department in Sri Aman and Lubok Antu District has confirmed that areas concerned has been subjected to both shifting cultivation and settled cultivation and other land uses as the letter from Land and Survey dated Jan 14, 2010 with reference 157/4-16/6(1), where some of the landowners are keen to participate in the development of industrial crops (oil palm, rubber and pepper) on those areas.

"Therefore, I would like once again appeal to the relevant authority to revoke the licence issued to Mastika Jaya with immediate effect before it incurs a lot more physical damage to NCR lands and crops with subsequent disturbance to the river eco-system which forms the main source of the gravity-feed water supply for those longhouses.

"Subsequently, I would like to urge that the relevant Departments and Ministries to address the problems associated with the subject of NCR lands which are encumbered within the Provisional Leases (PL), Licenses for Planted Forest (LPF) and Timber Licenses (TL) throughout the State.

"Even though timber industry does generate substantial income, the relevant departments and agencies must step up their efforts to monitor the logging activities and their disastrous impacts on the environment and the livelihoods of the affected community," Malcolm said.

He stressed that the Issuance of OTs (Occupation Tickets) for harvesting of timber on NCR lands should be done prudently with proper consultations in order to avoid controversies and assuage anxieties amongst the local residents over payment of  compensations and other terms and conditions for operating such licenses.



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