Forest Dpt denies allegations of discriminatory enforcement of forest laws involving timber harvested by the Penans in Upper Baram

KUCHING, Feb 14 2026: The state Forest Department (FD) strongly refutes allegations of uneven or discriminatory enforcement of forestry laws following the recent enforcement action involving timber harvested in Upper Baram, Miri.

Caption: The sawn timber products confiscated by the Forest Department, which the Penans say the timber products are meant to be used to build their family houses - Photo from Bruno Manser Fonds  

It clarified that all enforcement activities are conducted strictly in accordance with the Forests Ordinance and related rules and regulations, without bias towards any individual, community, or commercial entity.

“The confiscation of timber in the incident was carried out based on legal and regulatory requirements, and not targeted at the affected community or for any punitive purpose,” FD said in a statement when responding to a concern expressed by the Penan representative regarding the confiscation of timber harvested for the construction of a family home, while destructive large-scale logging activities continue to be permitted.  

According to Mutang Tuo, a residen of Penan settlement Ba Payau, the harvested timber was for personal, non-commercial use to build their family house on their ancestral land.

He had said that the wood was confiscated by FD and later removed without any explanation, consultation, or official communication with the residents who required the timber for housing purposes.   

Clarifying, FD said it recognises the rights of indigenous communities to utilise forest resources for subsistence and traditional purposes.

“However, such activities remain subject to regulatory procedures, including permits and documentation, to ensure sustainable forest management, prevent illegal extraction, and safeguard forest resources for future generations.

On commercial logging operation as raised by the Penan representative, FD said they are governed by separate licensing frameworks, environmental impact assessments, and strict operational controls, and are subject to continuous monitoring and compliance audits.

The department rejects assertions that large-scale logging is permitted without oversight, while indigenous communities are penalised.

It said enforcement actions against commercial operators are also undertaken where violations are detected, and penalties are imposed in accordance with the law.

It said it remains committed to transparency, fairness, and constructive engagement with local communities, civil society organisations, and other stakeholders.

In a statement issued by Bruno Manser Fonds two days ago,  the families residing in the rainforest are penalized for using wood sustainably for the construction of their homes,  while that large-scale logging operations continue to be approved unabated.

“Such actions question the priorities of the department, which leaves the impression to serve rich timber tycoons instead of focusing on forest protection, sustainability, and the rights of Indigenous peoples.  

“This raises a fundamental question of fairness and priorities,” said Balang Nalan, Penan from the Upper Baram.

“In Sarawak, several giant logging companies have become rich exploiting our rainforest for decades. Yet the localindigenous Penan families are punished for harvesting wood to build their own home.”  

The community of Ba Payau had also been holing a blockade near their settlement against the carbon trading encroachment by Shin Yang.

Mutang Tuo explains: “How can it be, that big companies are given the permission to destroy our land and make profit from it while we are not even allowed to use our timber to build our house.”  

“The issue is not just about wood,” added Balang Nalan.

 “It is about justice, dignity, and the right of Indigenous peoples to live on and care for their ancestral lands.”  

Based on residents' observations, the amount of timber seized is estimated to be several tons. However, the exact amount cannot be determined as no list of the seized items, inventory, or official documents was provided to the residents.  

Community leaders and civil society organizations are seeking clarification on how forestry regulations are applied, particularly with regard to small-scale, subsistence use of timber by indigenous peoples compared to commercial logging operations.