Speaker knocks out three private members' motions tabled by the Opposition

Nov 20, 2012

Speaker Datuk Amar Asfia Awang Nasar guns down three private members’ motions tabled by the Opposition.

Tuan Speaker: Ahli-Ahli Yang Berhormat, I had received a motion dated 8th November,

2012 from the Honourable Member for Meradong. I shall now call upon Honourable

Member to read out the motion.

Y.B. Cik Ting Tze Fui: Thank you, Tuan Speaker. My motion read as follows.

Whereas:

(i) The Automated Enforcement System (AES) has been highly controversial

since its introduction;

(ii) Upon the full operation of the AES in Malaysia, a total of 831 AES

cameras are to be set up nationwide and among which 28 are in

Sarawak;

(iii) Traffic enforcement system should remain within the government‟s

domain but the project is outsourced to two private companies thereby

making the AES a project motivated by profits and not road safety;

(iv) The first phase of the AES implementation in Semenanjung Malaysia has

exposed its inherent shortcomings and defects such as AES

implementation in low-speed stretches of road which is impractical, the

likelihood of innocent car owners/motorists being penalized in the case of

stolen vehicle(s) or fake number plate(s) fraudulently used by others;

(v) The public and politicians especially Parliamentarians from both the

Government and Opposition had expressed their disapproval to the

implementation of AES.

Wherefore it is moved:

(i) The State Government rejects the outsourcing of the implementation and

operation of AES to two private concession holders;

(ii) The State government defers to implementation of AES pending further

study, consultation and the proper rectification of its inherent defects or

weaknesses especially in the manner of its implementation in low-speed

stretches of road in Sarawak so that Sarawakians shall not be penalized unfairly.

Tuan Speaker: Ahli-Ahli Yang Berhormat, this is my ruling.

(1) The fact that the law on the Automatic Enforcement System (AES) had been

tabled, debated and approved in the Dewan Rakyat conclusively proves beyond

any shadow of doubt that the law in question and its implementation thereof is

within the preview and jurisdiction of the Federal Government. This is in tandem

with the Federal further Constitution 9th Schedule (Article 74-77) Legislative list,

list 1 –

(a) Federal List Number 6 (g) the Federal Public Authorities;

(b) Federal list Number 10 - Regulation of traffic by land, water and air are on

rivers outside harbor areas wholly within one state.

The subject matter in regulating traffic by land comes within the ambit an authority

of federal public authority, the Transport Ministry of Malaysia.

(2) The stand taken by the State Government on the subject matter is summed up

by a memorandum dated 13th November 2012 by the Kementerian

Pembangunan Infrastruktur dan Perhubungan Sarawak as follows:

(i) AES is a system that uses technology to enhance enforcement. Its

primary objectives are to reduce road accidents and improve road safety;

(ii) The localities for AES were based on study and research by MIROS

(Malaysia Institute of Road Safety Research);

(iii) The Ministry of Transport Malaysia (MOT) and JPJ Malaysia are

responsible for the implementation of AES;

 (iv) According to JPJ Sarawak, JPJ Malaysia will officially inform and brief the

state and respective road authorities agencies prior to the implementation

of AES in the state; and

(v) Unless and until the state has been officially informed and briefed on the

implementation of AES in the state, it is premature to discuss the subject.

That‘s the end of the memorandum.

(3) The motion dated 8th November, 2012 in the name of the Honorable Member of

Meradong by its own admission acknowledges that the subject matter raise is

within the jurisdiction of the federal government.

Paragraph 1 of the preamble: quote ―The Automated Enforcement System has

been highly controversial since its introduction‖. This is an admission that it was

introduced by the federal government.

Paragraph two of the preamble ―Upon the full operation of the AES in Malaysia, a

total of 831 AES cameras are to be set up nationwide and among which 28 are in

Sarawak‖. This is an admission that the federal government will implement it

throughout the nation.

Paragraph three of the preamble ―Traffic enforcement system should remain

within the government‘s domain but the project is outsourced to two private

companies thereby making the AES a project motivated for profit and not road

safety‖. This is an admission that traffic and road safety are federal matters.

Paragraph four of the preamble. ―The first phase of the AES implementation in

Peninsular Malaysia has exposed its inherent shortcomings and defects such as

AES implementation in low speed stretches of road which is impractical, the

likelihood of innocent car‘ owners motorists being penalized in case of stolen

cars and so forth‖. This is an admission it is a federal subject.

Paragraph five of the preamble ―The public and politicians especially

Parliamentarians from both the Government and Opposition had expressed their

disapproval to the implementation of AES‖. This is an admission as a federal

matter.

Even the resolution of the motion which reads that it is the implementation in low

speed stretches of road in Sarawak is a federal matter. Speeding on the road is

within the authority of the police and JPJ.

Under Standing Order 23 (6) ―No motion relating to a matter contained in the

Federal List shall be in order‖.

Standing Order 32 (10) (c): ―It shall be out of order to use words which are likely

infringe the Federal Constitution and in this case, the 9th Schedule, (Article 74,

Article 77) of the Federal Constitution. Based on this grounds that I mentioned,

this motion is dismissed.

Y.B. Cik Ting Tze Fui: Y.B. Cik Ting Tze Fui : Tuan Speaker. As a matter of fact, I

think our PR Pakatan Rakyat State Government in Penang and Selangor, they are

already making decision to revolve the implementation of AES in the state but how

come, why our Sarawak State Government cannot follow suit and make the same

decision like our Pakatan Rakyat government in Semenanjung? Because this matter on

implementation of AES is concerning all the motorist in Sarawak and it shows how State

Government is concern about our public interest in this matter.

Tuan Speaker: If you are dissatisfied with my ruling, you can file in a substitute motion.

Sarawak is a Barisan Nasional State, it‘s not an opposition state. It does not intend to

put up constitutional administrative barricades to impede the implementation of this. I

shall now move to the next motion. No, you can file this in substitute motion if you are

dissatisfied in my ruling.

Tuan Speaker: Ahli-ahli Yang Berhormat, I had received a motion dated 8th November,

2012 from the Honorable Member for Bukit Assek. I shall now call upon Honourable

Member for Bukit Asek to read out the motion.

Y.B Encik Wong Ho Leng: Thank you, Tuan Speaker. This is my motion on the hydroelectric projects in Sarawak.

1. The forced resettlement of the indigenous peoples for the Bakun dam has

caused them loss of livelihood, cultural heritage and farmlands;

2. The proposed 12 hydroelectric projects in Sarawak will have similar

effects, including irreversible destruction of ecosystems and indigenous

farmlands, cultural system, local histories and knowledge and a great loss

for all Sarawakians;

3. Sarawak already has excess power supply from Bakun and there is no

necessity to build more dams for SCORE and for aluminum industries

therein which induce pollution and are health hazardous at the expense of

the expense of the environment and her people;

4. The affected indigenous peoples of Sarawak have not been meaningfully

consulted on the united nation declaration of our rights on native people

on the proposals to build the existing and proposed 12 HEP, and the land

acquisition, resettlement and relocation process for dam-building have

been non-transparent and detrimental to the peoples‟ well-being.

I move that this Dewan reseolves that the State Government:

1. Cancel all plans for the construction of the 12 proposed hydroelectric

projects;

2. Establish a reparation process for Bakun-affected communities both in

Sungai Asap and in upper Balui to address al outstanding issues

including unfair compensation, substitution of lost farmlands, livelihood

and welfare matters. These are matters the Honorable Member for Land

Development is very familiar;

3. Develop alternative renewable energy, for example, micro-hydro dams,

solar, wind-power, bio-waste materials etc. instead of resorting to

dynamism and building mega-dams; and

4. To stop heavily polluting industries into the state, including aluminum

smelter and fero-alloy plants.

Tuan Speaker: Ahli-Ahli Yang Berhormat, this is my ruling.

Y.B. Encik Wong Ho Leng: I thought it can be allowed.

Tuan Speaker: In the 1st preamble of the motion it is expressly stated that ―The forced

resettlement of the indigenous peoples for the Bakun Dam has caused them loss of

livelihood, cultural heritage and farmlands.

This is repeated in the 4th preamble that ―the land acquisition, resettlement and

relocation process for dam-building have been non-transparent and detrimental to the

peoples‘ well-being.

This is reiterated in 2nd resolution of the motion ―to address all outstanding issues

including unfair compensation, substitution of lost farmlands, livelihood and welfare

matters.

Right now, there are twenty-two (22) cases that have been fixed for hearing in

the Session Court to be heard in January 2013. These 22 cases are in connection with

cases on land compensation as a result of land acquisition on the Bakun Dam.

As these cases are pending for hearing whether in the court of first instance or

appellate, the subject-matter brought by the motion is therefore sub-judice.

Under Standing Order 20 (1) (g): ―A question shall not be so drafted as to be

likely to prejudice a case under trial or be asked on any matter which is sub-judice.‖

Under Standing Order 24 (4) (b): ―If the Speaker is of the opinion that any notice

received by the Secretary infringes any Standing Order or is otherwise out of order, he

may direct that it be returned to the member who signed it as being in his opinion out of

order.”

Under Standing Order 32 (11): ―If the Speaker is of the opinion that any motion or

amendment or the continuance of the debate thereon is calculated to give rise to

breaches of this Standing Order, he may disallow the motion or amendment or, as the

case may be, may terminate the debate and direct that no further proceedings be taken

on the motion or amendment.”

This ―sub-judice rule as it is called is spelt out clearly in Erskine May

Parliamentary Practice pages 364-365, ―If the subject-matter of the question is found to

be, or becomes, sub-judice after notice of the question has been given, the Member is

asked to withdraw it, or the Speaker may direct it to be removed from the notice paper or

refuse to allow it to be asked if it is on the Order Paper. ―Questions which reflect on the

decision of a court of law are not in order.

This principle is repeated on page 396: ―The House has resolved that no matter

awaiting or under adjudication by a court of law (including a coroner‘s court or a Fatal

Accident Inquiry) should be brought before it by a motion or otherwise.

This motion raises numerous issues and side issues as follows:-

(1) Forced settlement of the indigenous people‘s for Bakun;

(2) Loss of livelihood;

(3) Loss of cultural heritage;

(4) Loss of farmlands;

(5) Proposed 12 hydro electric projects;

(6) Irreversible destruction of ecosystem;

(7) Loss of history;

(8) Loss of knowledge;

(9) Loss for Sarawakians;

(10) Dams for SCORE;

(11) Alluminium Industries;

(12) Reparation process for communities in Sungai Asap & Upper Balui;

(13) Alternative renewable energy e.g. micro dams, solar, wind power, bio

waste materials;

(14) Heavily polluting industries including aluminium smelter & ferro alloy

plants.

The motion raised 14 issues and policies for the government to address. The

question of issues and policies are crammed into one motion.

According to Erskine May Parliamentary Practice (page 365): ―Questions are also

inadmissible which seek the solution of hypothetical propositions, raise questions of

policy too large to be dealt with in an answer to a question; seek information on matters

of past history for the purposes of argument; are multiplied with slight variation on the

same point; or are trivial, vague or meaningless.”

This campaign rule is repeated on page 399 which reads: ―The Speaker has

applied to motions the campaign rule which lays down that questions are inadmissible if

they are multiplied with slight variations on the same subject. Based on these grounds

the motion is dismissed.

Y.B. Encik Wong Ho Leng: Tuan Speaker, you murdered the motion and they are

blooding. How can I be? Anyway, I just have a few words to say Tuan Speaker. Now if

there are 22 cases being scheduled for hearing in January 2013 and the issue cannot be

raised, I think Tuan Speaker, you got it wrong. My motion pertains to the proposed HEP,

that‘s one. Number two, in the view we are talking about the issue on Bakun dam. The

Bakun dam, the subject matter of delegation concerns also NRC land. In the event that

you are going to disallow this motion on ground, that it is too lengthy, in the event that it

is a conglomeration of different, a lot of issue inside that.

Tuan Speaker: I have given my ruling.

Y.B. Encik Wong Ho Leng: Tuan Speaker, we were disallowed… (Inaudible) We

should be allowed talking about NCR land issues as well.

Tuan Speaker: I have given my ruling.

Y.B. Encik Wong Ho Leng: Yes Tuan Speaker, over time we have been allowed to talk

about NRC land issues. Number three, Tuan Speaker on the issue of hypothetical

question, this is nothing to do with hypothetical question. This is the motion. A proper

motion in this Dewan.

Tuan Speaker: Okay, I have given my ruling. There a two rules. The sub-judice rule

and the campaign rule. The campaign rule is that questions are in admissible if they are

multiplied with slight variations on the same point. Okay.

Ahli-ahli Yang Berhormat, I have received a motion dated 8 November 2012 from the

Honorable Member for Kota Sentosa. I shall call upon the Honorable Member for Kota

Sentosa to read out his motion.

Y.B. Encik Chong Chieng Jen: Thank you Tuan Speaker, I think there is a typo error

by this secretariat in respect of my motion, line three, the third word on line three, the

quote ―Sarawak has lost but it has been type as ‗lot‘ which doesn‘t make sense.

I‘ve checked with my record.

Tuan Speaker: Sarawak has lost....

Y.B. Encik Chong Chieng Jen: lost...LOST, I‘ve checked with my record, my motion

actually typed LOST but I think the secretariat has made the typo error, I would like to

amend .. my motion, just for the record.

Tuan Speaker: Okey

Y.B. Encik Chong Chieng Jen: Before I read it Tuan Speaker, are you gonna act as a

Minister concerned to answer my motion. Or you leave it to the Minister.

Tuan Speaker: The Minister to answer your motion, but it is not being debated yet.

Y.B. Encik Chong Chieng Jen: You have been so well learned... so well learned in

all the field as seem you are the Minister for all the subject that is raised.

Tuan Speaker: I have to see whether your motion is in order or not...you may proceed.

Y.B. Encik Chong Chieng Jen: I was impressed by your ability Tuan Speaker. Alright,

I am going to my motion..

Tuan Speaker: Okay, proceed.

Y.B. Encik Chong Chieng Jen: My motion read as follow: Whereas an internationally

renowned publication, The Economist (November 3rd 2012), has reported that:

―Sarawak has lost more than 90% of its ‗primary‘ forests to logging and has the fastest

rate of deforestation in Asia. Sarawak has only 0.5% of the world‘s tropical forest but

accounted for 25% of tropical-log exports in 2012‖

And whereas the State Government‘s claim that 60 – 70% of Sarawak forest remains

intact does not tally but contradict with its claim of exporting the world‘s 25% tropical log

and 50% of tropical plywood and also contradicts the satellite images captured by the

Greenpeace World Resources Institute in year 2010 which revealed that Sarawak now

has less than 55% of its intact forests remaining.

And whereas such disproportionely high rate of logging not only calles to question the

Sarawak Government‘s integrity and the sustainability of the logging industry in Sarawak

but also results in serious adverse environmental and social impacts to the locals.

And whereas the State Government‘s policy in allowing the exportation of log has

deprived the local wood-based downstream industry of their raw materials.

Wherefore it is resolved:

1. An independent internationally recognised auditor be appointed to survey

and carry out a full inventory of Sarawak‘s forest estate;

2. An inquiry be made into the integrity and the sustainability of the logging

industry in Sarawak; and

3. The Sarawak Government do immediately prohibit the export of timber

logs from Sarawak.

Tuan Speaker: Ahli-Ahli Yang Berhormat, this is my ruling.

(1) The foundation & substratum on which this motion is built lies in its opening

preamble which reads:

“Sarawak has lost more than 90% of its „primary‟ forests to logging and has

the fastest rate of deforestation in Asia. Sarawak has only 0.5% of the

world‟s tropical forest but accounted for 25% of tropical-log exports in 2010.”

This motion took a leaf out of the article published by a London-based magazine

―The Economist‖ dated 3rd November 2012.

In the same article this statement is contradicted and refuted by HSBC which

stated that ―it is not accurate to state that its clients are in violation of its

forestland and forest-products policy. It said current data show that 99% of its

forest-sector clients worldwide are compliant or near compliant with its policy‖.

Under Standing Order 20 (2) (i): ―Without prejudice to paragraph (1), every

question shall not be asked to verify statements in the press or private individuals

or bodies are accurate.‖

This rule applies to 1st preamble of the motion which refers to a report by a

magazine and 2nd preamble which refers to satellite images by Greenpeace

World Resources Institute.

Erskine May Parliamentary Practice page 361: ―Questions asking whether

statements in the press, or of private individuals, or unofficial bodies are accurate

or asking for comment on statements made by persons in other countries (unless

the statement is a message from one government to Her Majesty‘s Government)

have been ruled out of order.

To allow the motion to proceed would be in breach of Standing Order 32 (11).

Standing Order 32 (11): ―If the Speaker is of the opinion that any motion or

amendment or the continuance of the debate thereon is calculated to give rise to

breaches of this Standing Order, he may disallow the motion or amendment or,

as the case may be, may terminate the debate and direct that no further

proceedings be taken on the motion or amendment.

2. The motion relies on the article from a foreign magazine and a Greenpeace

organisation. The reports have not been independently verified and confirmed by

internationally recognised organisations that have internationally acclaimed

expertise on timber logging like The International Tropical Timber Organisation

which specialises in tropical timber, and not temperate timber.

The report has not been verified by our own legally established body on

environment, established under the National Resources and Environment

Ordinance (Cap. 84) or by the Department of Environment Malaysia.

To allow a motion based on foreign reports not independently verified and

confirmed by International Authorities on Timber Logging would set a dangerous

precedent and open up a floodgate to countless motions based on unverified

foreign reports made in far away foreign lands.

This would inevitably promote susceptibility and gullibility among members of the

public that unverified foreign report can be accepted without question lock, stock

and barrel, and unverified satellite images be swallowed hook, line and sinker.

Even the world renown BBC a British Broadcasting Corporation in the words of

its newly appointed Director General committed ―basic journalistic failings

following the resignations of its former Director General and key officials after

publishing fake and false report on a politician in a child abuse case.

The BBC is now under investigation in the cover up of the Jimmy Savile sex

scandal.

We have to be mindful of unofficial unverified foreign reports from foreign press which

have no forests in their own countries, but at the same time preaching to us with pious

platitudes to us on how to look after our own forests. The decision and ruling by Yang

Berhormat Tan Sri Speaker of the Dewan Rakyat on the ―SCORPENE case are

germane.

The learned Honourable Speaker rejected in Chambers and motion by

Honourable Member for Lembah Pantai, Nurul Izzah Anwar. The rejection was made

because she said the motion did not adhere to Standing Order 23 (1) (h) of Dewan

Rakyat‘s Standing Orders which is equivalent to Standing Order 20 (2) (h) of Dewan

Undangan Negeri Sarawak‘s Standing Orders. Standing Order 23 (1) (h) of the Dewan

Rakyat reads: ―A question shall not be asked for the purpose of obtaining an expression

of opinion, the solution of an abstract legal case or the answer to a hypothetical

proposition.‖

Standing Order 20 (2) (h) of Dewan Undangan Negeri Sarawak reads: ―Without

prejudice to paragraph (1), every question shall not be asked for the purpose of

obtaining an expression of opinion, the solution of an abstract legal case or the answer

to a hypothetical proposition.‖

The Honourable Speaker of Dewan Rakyat ruled that the alleged sale was still an

―assumption, and not official. ―The matter raised in this motion is an assumption, and

not a specific matter, because the matter about the transaction sale of the documents is

not clear.

The forests and environment of Sarawak are largely governed by, inter alia, 3

laws or body, namely:

(1) The Forest Ordinance (Cap. 126) enacted in 1954;

(2) The National Reserves and Environment Ordinance (Cap. 84) enacted in

1958; and

(3) Federal Department of Environment.

There is no provision in the existing law that states that whenever there is an

unverified foreign report or unverified satellite image then in the language of the motion.

(1) ―An independent internationally recognised auditor to be appointed to

survey and carry out a full inventory of Sarawak‘s forest estate;‖

(2) ―Immediately prohibit the export of timber logs.‖

To comply with the 2 resolutions would require a new legislation or alternatively

amendments to the existing laws.

Such proposed amendments bring about legal implications and ramifications that

require the motion to condescend into the particulars of the law.

This can only be done under Standing Order 45.

But this motion does not even state that the motion and notice thereof to move is

even under Standing Order 23.

There is no mention at all in the entire motion that it is moved under any

particular Standing Order.

Based on the grounds mentioned the motion is dismissed.

Y.B. Encik Chong Chieng Jen: Tuan Speaker, your rulling has just made this Dewan a

cocoon of its own. You can‘t stick your head in the sand like what the ostrich did and

deliberately oblivious to what the international body are looking upon Sarawak. That‘s

number one.

Tuan Speaker: Under what Standing Order?

Y.B. Encik Chong Chieng Jen: Number two, Tuan Speaker you are acting like a

Minister. You are acting like a Minister.

Tuan Speaker: Under what Standing Order?

Y.B. Encik Chong Chieng Jen: Where‘s the Minister in-charge? He has no calibre to

answer the motion like that.

Lun Bawangs stopping road project that is to pass through their water catchment area

Ba’Kelalan, Nov 12, 2012: An angry group of Lun Bawangs has blocked the construction of a Ba’Kelalan-Bario road project, accusing the federal government of failing to listen to the wishes of the community.

The road project, under the Malaysian Army’s Jiwa Murni programme, is already about one kilometre long stretch into the Muda river catchment area when the Lun Bawangs stopped the contractor engaged by the Malaysian army.

“We have told the army’s contractor and its workers to stop constructing the road and to move their heavy machineries away,” Paren Padan said in a recorded statement emailed to the media.

Picture: The Lun Bawangs at the blockade side at Pa'Patar which is near the Muda catchment area.

He said that the contractor had complied with their request and had stopped proceeding with the road projection.

“At the same time, we have put up a blockade to stop any further efforts to construct the road until they (army) have agreed with our requests,” he added.

“We put the blockade because we don’t agree with the route to be used by the army to construct the road because the route is to pass through the jungles and catchment areas of Muda river,” he said.

He insisted that the route to be taken by the army will pollute the Muda river, destroying their padi fields and livestocks.

He said the river is also a source of their water for domestic use.

Paren said that the catchment area is rich in ‘meranti’ and ‘jati’ trees.

Construction of the RM42 million Ba’ Kelalan-Bario road project started on last Oct 1 and is expected to be completed by Sept 2014.

He said the Lun Bawangs have sent letters to the federal government, through Member of Parliament Datuk Henry Sum Agong and Ba’Kelalan State Assemblyman Baru Bian, not to pass through the Muda river catchment area for the Ba’Kelalan-Bario road project.

“Up to now, there is no response from the government,” he said.

Paren said that the Lun Bawang community from six villages had proposed a Belingi-Lepo Bunga-Bario route, which will not affect the water catchment area.

The villages are Punan Kelalan, Long Muda, Long Kumap, Long Langai, Long Lemutut and Buduk Nur, with a combined population of about 2,000.

In 1994, the villagers had to defend Muda river for the same reason, and they managed to halt a timber company from encroaching into the virgin jungle around the area.

Meanwhile, Baru, who is also the Sarawak PKR chief, said he is aware that the blockade has been erected to stop the construction of the road project.

“The army should have listened to the wishes of the local people, but they did not and proceeded with the construction,” he said when met today.

Baru said what the army is doing is illegal because the road project has trespassed into native customary rights (NCR) land.

“I am sure that they are aware of the provisions of Sarawak Land Code that customary rights over the native lands must first be extinguished and gazetted before road project can even start.

“Before the extinguishment is made, the land owners must first be informed through notification which must states the reason for the extinguishment,” he said, explaining that any extinguishment of customary rights over the native lands must be for public purposes, like building of roads, schools and clinics.

He stressed that as far as he knew, the army had not done so to extinguish the customary rights before proceeding with constructing the Ba’Kelalan-Bario road.

Baru, a well-known NCR land lawyer, said he supported the action to halt the construction of the road and may consider filing a court case against the Defence Ministry and other related parties later.

“The people are not against any form of development, but what they want is that any development must not affect their livelihood,” he said.

Soon Koh may form new party if he is sacked from SUPP

KUCHING, Nov 2, 2012: Local Government and Community Development Minister Datuk Seri Wong Soon Koh and the five State Assemblymen and a Member of Parliament aligning to him may form a new political party if he is expelled from the Sarawak United People's Party (SUPP).

Sources close to the Soon Koh faction said that they already had prepared documents to be submitted to the Registrar of Societies (ROS) once SUPP's central working committee sacked him for dissciplinary reasons.

The five state lawmakers aligned to Soon Koh are Dr Jerip Susil (Bengoh), Datuk Francis Harden (Simanggang), Johnical Rayong (Engkilili), Ranum Mina (Opar) and Datuk Lee Kim Shin (Senadin) and the Lanang Member of Parliament Datuk Tiong Thai King.

The Soon Koh faction is solidly backed by State BN chairman, Tan Sri Abdul Taib Mahmud, who is also the chief minister and president of the State BN's lynch pin Parti Pesaka Bumiputra Bersatu (PBB)>

Asked to confirm that the faction had already prepared to form the new party, one of the five assemblymen who spoke on condition that his name be not mentioned, said:"Yes, that is true. Our position is unclear in SUPP. We can never know whether we will be nominated again to contest in the coming state election.

"It is better that we make preparation in our political struggle," he said.

Asked to confirm speculations that Taib was behjnd them, he revealed:" Do you think we dare to rebel against the SUPP leadership? I tell you, we will be finished if he is not behind us."

The SUPP's disciplinary committee is due to hear complaints against Soon Koh, who is also the SUPP Sibu branch chief,  this month.

“Written complaints against Soon Koh were received by the disciplinary committee last month and it has 30 days to hear the complaints,” party secretary general Professor Dr Sim Kui Hian in a vague statement to the press.

He said that complaints of misconducts were brought up against Soon Koh by the delegates attending the annual central committee (CC) meeting on Sept 23.

Dr Sim said certain members also lodged complaints with the party headquarters against Soon Koh, who is a former party deputy secretary general.

“The central working committee (CWC) had, in compliance with the Term of Reference of the Disciplinary Committee of the party, referred these complaints to the disciplinary committee for necessary actions,” he said.

Dr Sim explained that the disciplinary committee, at its last meeting, had not decided on a case involving Soon Koh  because it had not received any written complaints.

“The disciplinary committee will not entertain oral complaints against any members,” he said.

“Now that disciplinary committee has received written complaints, it is up to them when it wants to convene a meeting,” he said, stressing that the meeting should be convened within 30 days of receiving the written complaints.

He said Soon Koh could choose either to attend the meeting to defence himself or to submit written explanation on the complaints to the disciplinary committee.

Dr Sim said that Sarikei branch committee member Stephen Wong Kie Yong and Bintangor branch committee member Hii Huat Chuong were sacked by the CWC upon recommendation by the disciplinary committee.

Both are aligned to Soon Koh in a power struggle in the party.

“CWC, in a properly convened meeting on Oct 29, 2012, resolved to expel them from the party,” Dr Sim said, adding that the CWC made the decision after having considered and deliberated the disciplinary enquiry reports on the two.

He said the two were sacked pertaining to their conducts which were detrimental to the interests of the party.

Sim said Stephen Wong and Hii could appeal to the CC, the second highest body in the party, against the decision of the CWC.

“Under Article 46 of the Party Constitution, they have 30 days to file their appeal,” he said.

Angry Penans have not abandoned the blockade on access road to Murum dam

MURUM – Angry  Penans in Murum affected by the Murum Hydro-electric Power (HEP) Dam are still blockading the road leading to the construction site of the dam, contrary to claims by Assistant Minister of Culture and Heritage Liwan Lagang.

Sarawak Conservation Alliance for Natural Environment (SCANE) coordinator Raymond Abin, who visited the blockade site, confirmed today that the blockade in Murum is still on, proving that the newspaper  reports, quoting Liwan, that the blockade has been lifted is false.

Abin said: "Liwan did indeed tried to negotiate with the Penans to dismantle the blockade, however the Penans were not happy with him as he could not assure them in writing that the government would accede to their demands."

"The Penans however, did agree to Liwan's suggestion not to bring their children to the blockade site and with this some of the Penans brought their children back to their villages."

Liwan also invited a few Penans with him to Bintulu and then Kuching to meet and negotiate with government officials there.

"I met the elders and leaders in Murum yesterday and they are saying that the blockade is still on," Abin said.

"They told me that only one headman accompanied the few members of the community to Kuching and that they are not in the position to make any decisions on behalf of the whole community," he added, stating that they are still adamant with their demands to the government.

Among their demands are 25 hectares of land for each of the 300 families affected by the dam; RM500,000 cash compensation for each family; 30,000 hectares of land to each of the nine villages; education fund for their children; community development fund for their community; and rights to land which are not flooded (islands created) by the dam.

On Monday, 8 October 2012, it was reported in the Borneo Post that the Penans in Murum have ended their 10 day blockade with the intervention of Liwan, who is also the state assemblyman for Belaga.

The Penans are from Long Wat, Long Luar, Long Tangau, Long Menapa, Long Singu and Long Malim, which are located upstream, and Long Peran and Long Jaik in the downstream of the dam project site.

The Murum HEP will inundate and require the forced relocation of about 1,500 Penans as well as the 18 Kenyah-Badeng families in Long Umpa village near Long Malim in Danum River, the upper course of Murum River.

SAVE Rivers is again urging the government to listen to the plights of the Penans and is emphasising the need for the government to abide by the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP) which Malaysia has agreed to adopt at the United Nations.

SAVE Rivers network notes with great concern that the government has admitted through Minister of Land Development Tan Sri Dr James and now Liwan that there are a lot of weaknesses by the government in dealing with the Penans affected by the Murum HEP project.

SAVE Rivers is shocked to learn about the revelations from the leaked Murum Resettlement Action Plan for the natives to be displaced by the Murum Dam which can be found in the Sarawak Report website that explains how the impoverish Penans are neglected by the government and that the resettlement site is not suitable for them at all.

This is the very reason why SAVE Rivers is against the planned 11 dams which the state government is planning to build across Sarawak’s interior which will flood thousands of hectares of native customary land and displace thousands of indigenous peoples from their ancestral territories.

SAVE Rivers will continue to update on the situation of the blockade. Ends

Penans block second route to Murum dam, more Penans are taking part

Kuching, Oct 6, 2012: The Penans are intensifying their blockade on Murum dam construction and against the Sarawak Energy Berhad (SEB) with another linkage road to the dam site being blockaded yesterday.  

More Penans, including women and children, have joined the blockade, which entered its 10^th day today.

Picture: A young Penan mother, with two-month old baby,is also joining in the blockade.

The second blockade is mounted on an old logging track, passing through an oil palm plantation, and is narrow and only passable by four-wheel drive vehicle.

SEB is using the road as an alternative route to the dam site for the past three days.  

Since the Penans started the blockade on Sept 26, SEB and other companies have stopped using the main access road to Murum dam project site.

The major works on the construction of the dam have been paralyzed over the last one week.

The drivers have left home and let their cement tankers, lorry trucks and trailers with building materials had been hauled over and park at the road side near the blockade site.

The access to the construction site of Murum hydroelectric dam project is totally blocked on all directions with the setting-up of second road blockade by the Penans.

The number of Penans involved in the blockade has increased from 200 to 320 comprising the people from eight Penan villages and a Kenyah-Badeng village of Long Umpa near Long Malim in Danum River.

Within these few days more Penans are expected to join as most of them have completed planting their hill paddy farms.

The Penans are setting camps around the blockade site at Seping River Bridge, about 40 Km from Murum Hydroelectric dam project site.

They are making makeshift huts “sulap” covered with wild-ginger and palm leaves as well as plastic canvases.

Those families came with their babies, young children and elderly parents are occupying an old logging camp workshop nearby the site. 

Some of them made their huts using the deposed old zinc sheets that they managed to salvage at the old logging camp site.

Villageman of Long Luar, Madai Salo said that all his family members are involved in the road blockade. He came with his wife, sons and daughters together with his granddaughter of 2 months old.

Labang Paneh, a representative from Long Wat village stated that the blockade is a collective action of all the Penan villages affected by the construction of Murum dam project.

 “We will not remove the blockade or move out of here until our demands are resolved and fulfilled by the government”, he said.

Villageman of Long Wat, Pinang Bo blamed SEB for being disrespectful to the customs of the Penan community in Murum area.

He said that SEB has intentionally destroying the most important Penan’s scared and historical sites of Batu Tungun, Batu Pebin and Batu Aseu at the project site and with lots more will be destroyed in due time by the construction of the dam.

The Penans reported that the China’s Three Gorges Project Corporation and its Chinese contractor companies have told their Chinese workers not to leave their camps and the Murum dam construction site for fearing of safety and of any untoward incident with the locals.

As to maintain security, peace and order at the project area, the government has deployed some at least 20 police personnel from the General Operations Forces to the blockade site. Some of these police are stationed at the Murum dam construction site.

The blockade, which entered  entered its tenth day, involved the Penans from the villages of Long Wat, Long Luar, Long Tangau, Long Menapa, Long Singu and Long Malim, Long Peran and Long Jaik, together with a Kenyah-Badeng village of Long Umpa.

The Penans are protesting against the negligence of the government to act and respond to their issues, problems and demands with regard to the construction of Murum dam project.

They are also protesting against SEB for being disrespectful to their customs by destroying their scared and historical sites without their consent.

SEB, a Sarawak Government-owned power supplier, has awarded the contract work of the Murum dam project to China’s Three Gorges Project Corporation for an estimated cost of RM3 billion.

The progress of the construction work on the major structures of the dam is about 70% completed.

When completed, the Murum dam will flood about 24,500 hectares of native customary rights land and forest of the Penan villages.

The dam catchment area is 275,000 hectares comprising the mainly Pelieran, Danum and Usun Apau Plateau, the ancestral land of the indigenous communities in Sarawak.

The Murum dam project is scheduled to be ready by 2013