By Simon Peter
KUCHING, March 16, 2015. - The state-owned power supplier
Sarawak Energy Berhad (SEB) said today
it is disappointed to note the latest chapter of the long running international
campaign to smear its name and the state government by Sarawak's anti-development activists in
Manila.
A statement on its website said SEB has complied with the
standard requirements for the proposed loan from the Asian Development Bank
(ADB) when submitting a Resettlement and Ethnic Minority Development Plan
(REMDP) last September.
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| Protesters at the proposed Baram site |
It said that REMDP sets out the process that has been followed
in relation to the acquisition of land and easements for the relevant
transmission line and can be accessed from the ADB’s website at:
http://www.adb.org/projects/documents/trans-borneo-power-grid-sarawak-west-kalimantan-transmission-link-malaysia-sep-2014-remdp
"The interconnection of Mambong in Sarawak to
Bengkayang in Kalimantan, Indonesia is an integral part of the ‘ASEAN Master
Plan for Connectivity’or the ASEAN Grid.
"The project involves the construction of a new
275kV double-circuit transmission line from the existing 275/33kV Mambong
substation to the Sarawak-Kalimantan international border, a stretch of
46.8km," the statement said.
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| Thomas Jalong and Caroline Nyurang at the ADB headquarters in Manila |
It said the Trans Borneo Power Grid is a project of
regional importance in the on-going quest to achieve economic prosperity,
environmentally sustainable growth and regional integration.
"The ADB played an important role in facilitating
the early stage of negotiations between Sarawak Energy and PT PLN (Persero).
The negotiation of a loan from ADB to Sarawak Energy for the Malaysia section
of the line has been underway for some time," the statement explained.
While SEB does not need the ADB loan to fund the project
(which is on track to be completed this year), the statement said SEB is keen
to explore the potential for the ADB to support Sarawak Energy’s exciting plans
for further interconnections in the region.
Anti-dam SAVE Rivers Network, in a statement today, had
claimed that ADB would review a proposed US$ 45 million loan to SEB for a power
transmission line over allegations of corruption and failure to duly consult
and compensate affected indigenous communities.
Indigenous representatives from Sarawak highlighted their
concerns about the loan in meetings with ADB's Office of Anti-Corruption and
Integrity and senior bank staff, last week.
They presented to the bank the results of a "fact-finding
mission" to the communities affected by the power line.
Caroline Nyurang from SAVE Rivers said: “ADB is taking
our concerns very seriously and has initiated an in-depth due diligence process
for the proposed loan to SEB.”
As a result of the NGO complaint, Nyurang alleged the
proposed SEB loan is currently undergoing intense scrutiny which includes a
review of SEB’s corporate structure, track record and procurement practices.
She also alleged
that the bank was committed to upholding its safeguard standards, including
meaningful consultation and functioning grievance mechanisms.
Thomas Jalong, president of Malaysian indigenous peoples’
network, JOAS, said: “We are confident that ADB’s due diligence process will
reveal safeguard violations by SEB with their transmission lines as well as
with other energy projects.”
ADB, however, has not issued any statement regarding to
the claims by the activists.
SEB's statement gave detailed and lengthy explanation to
rebut the claims by SAVE Rivers and JOAS, saying in the implementation of the
project, no communities were resettled and no ethnic minorities affected in the
broad sense (other than landowners belonging to communities so defined), and
neither has there been building of any significant structures within the
Corridor of Impact (COI).
The statement pointed out that the route was carefully
selected to ensure minimal impact through consultations with project affected
communities and exploring alternative design and sites by avoiding residential
areas as well as public recreational areas, public amenities and facilities and
sensitive areas that affect the livelihood, customary uses and ecological
system.
"The final line route is subjected to the ground
sentiments brought up by the affected land owners and also due to technical
requirements," the statement said.
The statement also said that prior to the commencement of
this project, through the SEIA process, and during project implementation
phase, engagements with the land owners were on-going and were implemented through
group briefings with community leaders and relevant agencies
with the land owners, and followed by one-to-one
engagement.
On the compensation, the statement said the acquisition
of land and easements for SEB’s transmission projects is undertaken in
consultation with affected communities, with deep respect for the customs or
adat of Sarawak’s indigenous groups.
"In this process, Sarawak Energy is committed to
comply with ADB’s Safeguard Policy while maintaining consistency with the
Sarawak Law.
"Over many decades, SEB’s Land and Wayleave team has
accumulated deep local knowledge and expertise in these matters and the company
makes a particular effort to be a model corporate citizen in this regard."
The statement said compensation is paid according to
rates determined by the Sarawak Government, after agreement is reached with the
affected landowners.
"Where there is dispute, Sarawak Law provides for
legal recourse through the Native Court process as well as the normal judicial
channels.
"This was necessary due to the complexity of land
issues pertaining to claims of both Native Customary Right (NCR) Land and
Titled Land.
"Throughout the engagement process, SEB worked with
the Land and Survey Department to secure the owners’ consent and to ensure that
compensation are paid accordingly."
Updated information on the status of compensation and
land acquisition as at February 2015:
(i) Rates for
Crops Compensation
The rate paid for crops compensation for this project was
based on the government’s published rate with additional ex-gratia payment determined
by Sarawak Energy. Hence, the crops
compensation rate for crops paid by Sarawak Energy is higher than the published
rate.
(ii) Landowners
Due for Crops Compensation
The only monetary compensation due and that has been paid
so far is to landowners whose crops were affected in the implementation of the
project. This is separate from the land acquisition process, and relates only
to damage to crops in building access roads and the such within the
easement.
The finalised or actual number of affected people within
the easement is 549. Out of this, 547 or
99.6% have been compensated since July 2012, leaving only two cases under
dispute. This supersedes the earlier estimated
number of 590 people mentioned in the REMDP.
(iii) Payment
for Land Acquisition for Tower Bases
Payment for land acquisition for tower bases will be made
as soon as Sarawak’s Land and Survey Department has completed the valuation
process for the plots affected. Once
this is concluded, Sarawak Energy will transfer the compensation amount to the
Land and Survey Department who will then make payments to the affected land
owners. In Sarawak, this is the process under which all compensation for land
acquisition is paid out and is the same for other development projects.
As the land was a
mixture of titled and customary rights, different issues were raised regarding
compensation with grievances addressed in a case by case basis. Sarawak Energy follows its legal obligations
and provides a fair opportunity to redress or remedy a situation.
External Validation:
As part of the ADB’s standard process for these matters, SEB’s
implementation of the process outlined in the REMDP is presently being
validated by an external monitor.
The outcome of that external monitoring will also be made
public.
The statement urged anyone concerned about land matters
to contact the company directly and to be wary of international
anti-development bodies who seek to exploit those concerns as a marketing tool
for their irrelevant agendas.
"This coalition of anti-development NGOs have
focused their energies on any means possible to stop Sarawak’s plans to develop
itself, raise its peoples’ standard of living and alleviate poverty, without
offering any meaningful alternatives.
"This is especially apparent in their report to ADB
which is based on a ‘fact-finding mission’ conducted without the formal assurance
of independent verification," the statement concluded.
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