Friday, 3 October 2025

SAVE Rivers: Why must NGOs seek permission from district office to talk to Baram natives?

 

By Peter Kallang, chairman of SAVE Rivers Sarawak 

In 2016, the people of Baram showed the true power of democracy. Grassroots communities, supported by NGOs and civil society, stood up against the proposed Baram hydroelectric dam and won. The project, which would have drowned villages and forests, was cancelled because ordinary people made their voices heard at every stage of the struggle.   

This was not just a victory over a dam. It was a reminder that the people have a democratic right to be involved in every step of decision-making that affects their lives, land, and future. The late Chief Minister Adenan Satem recognised this right. By listening to the ground, he proved that leadership and democracy should go hand in hand. “Grassroots participation is the essence of democracy, not a threat to it.” John Jau Sigau  

Today, Baram once again stands at a crossroads. A recent so-called resolution requires Indigenous communities in Upper Baram to obtain official approval before engaging with NGOs. On the surface, this may look like order and protection. In reality, it risks silencing communities, empowering selective “consultants,” and eroding the democratic rights that the Baram people fought so hard to defend.  

The Legal and Moral Problem

Malaysia’s Federal Constitution guarantees freedom of association and expression.Indigenous peoples, under both domestic law and international standards such as Free, Prior, and Informed Consent (FPIC), have the right to freely choose their partners in development and advocacy.  

By making NGO access subject to bureaucratic approval, this resolution shifts power away from the communities themselves and into the hands of political actors. Instead of

strengthening democracy, it risks weakening it.  

The Danger of Selective “Consultants” One of the gravest dangers is the rise of selective “consultants” —handpicked groups allowed to operate while others are excluded. Such consultants may claim to represent communities, but in practice they often serve political or corporate agendas. “When only handpicked voices are heard, democracy gives way to autocracy and corruption.”(Boyce Ngau Anyi - Gerenai Communities Right Action Committee). 

This selective process risks excluding the majority of Indigenous voices, silencing critical

NGOs, and creating divisions. It paves the way to autocracy and corruption, where access and representation are granted based on favour rather than rights. 

Exploitation Without Watchdogs

Restricting NGO engagement also weakens scrutiny over logging, plantations, mining, and dam projects. Without independent watchdogs, communities face a greater risk of land loss, environmental destruction, and cultural erosion.  

Decisions can be presented as“consultative” while, in reality, voices of resistance are sidelined. The cancellation of the Baram Dam proved that when grassroots voices are heard, destructive projects can be stopped. If those voices had been blocked or filtered through gatekeepers, the outcome would likely have been very different.  

Global Heritage at Stake

Baram is not just a local issue. It is a region of global heritage significance: ● Gunung Mulu National Park, a UNESCO World Heritage Site. ● Pulung Tau National Park, safeguarding fragile ecosystems. ● Vast forests, rare species, and cultural sites vital to Indigenous identity. “Baram is not just local, it is part of the world’s heritage.” Thomas Jalong (President of JOAS) 

Restricting independent research and conservation access undermines Malaysia’s commitments under UNESCO, the Convention on Biological Diversity, and the Ramsar Convention. It also risks damaging ecotourism, which depends on global trust in transparency and sustainability.  

The Rule of Law and the Future of Baram

For Malaysia to be respected as a nation governed by the rule of law, NGO engagement cannot be reduced to a matter of political favour. Any process must be transparent, accountable, and above all, respectful of constitutional rights and Indigenous autonomy.  

The late Adenan Satem understood this. He knew that listening to the grassroots, supported by credible NGOs and CSOs, was not a weakness but a strength. His decision on the Baram Dam remains a model of leadership rooted in fairness and foresight. “To ignore this lesson now would dishonour Adenan’s legacy and disempower the people of Baram.”

 A Call for Openness, Not Silence

Baram once proved that when people are free to speak, democracy works. That lesson must not be forgotten or reversed. The way forward is clear:

● Communities must remain free to choose their partners without excessive-bureaucratic interference.

● NGO engagement must be fair, transparent, and accountable, not restricted to selective consultants. ● Independent oversight must protect Indigenous rights and Malaysia’s international

obligations.

An attempt to distract from the real issue

Regarding all that is happening in the Upper Baram, it is not unreasonable to suspect  that this attempt at a so-called resolution is merely a tactic to distract the public from the real

issue at hand: Indigenous lands and pristine forests are being destroyed by logging company Borneoland, with the blessing of the Forest Department.  

This controversial logging operation is being allowed to continue without certification, even though all long-term logging operations in Sarawak are required to have certification.  

Many local people and communities are opposing these operations. Their voices matter, and their voices are powerful. This is perhaps one reason the Forest Department is attempting to villainise NGOs- to shift the attention and the blame elsewhere.  

Baram stands once again at a turning point. We can choose the path of openness, accountability, and genuine partnership or the path of silence, control, and exploitation. For the sake of our democracy, our forests, and our children’s future, the choice should be obvious. - October 3 2025

 

 

 

Monday, 7 April 2025

How about establishing a court for the Christians? Voon asks the Sarawak government

 

By Simon Peter

KUCHING, April 7, 2025: Parti Bumi Kenyalang (PBK) president Voon Lee Shan today suggested that the state government establish  a court specifically for Christians to settle certain disputes among themselves.

With more than  50 per cent of Sarawakians who are Christians, there is no reason that the government should not think of creating a court for the Christians - Voon Lee Shan

He said this is because the civil court may not be suitable for resolving disputes among Christians.

“This means that disputes between believers of the Christian faith who have legal disputes with fellow believers should be settled before believers and not take the disputes to the law court before unbelievers,” Voon, a devout Christian, suggested in a statement.

“This is because unbelievers may not know what the Christian faith demands,” he said, adding that. Christian faith teaches love and reconciliation with their enemies or adversaries.

“Therefore, the court for Christians would normally see the the goal is not merely to resolve disputes by serving justice but to reconcile broken relationships among believers,” he explained.

He said if there is a Syariah Court for Muslims and a Native Court for the natives, then there is nothing wrong for the Sarawak government to set up a court for Christians to settle certain disputes among themselves.

“This is also about freedom of religion and the rights of citizens to practise their religion according to their religion as protected in the federal constitution.

“With more than  50 per cent of Sarawakians who are Christians, there is no reason that the government should not think of creating a court for the Christians,” he stressed.

Voon, who is a senior lawyer, also called for a law to be enacted by the Sarawak government to regulate, censure or punish Christians practising witch crafts, idolatry and adultery, which should be met with heavy punishments.

“These are serious sins against the Ten Commandments but none are crimes and punishable in criminal court,” he said.

He suggested that the law should include counselling be provided for Christians who intent to convert into other faiths or who intends to divorce, adding that the law also comes with the prohibition in promoting other religions by Christians.

 

Thursday, 27 March 2025

No way Sarawak can claim full ownership of oil and gas resources unless PDA74 is repealed, says senior lawyer

 

By Simon Peter

KUCHING, March 27, 2025: The only way for Sarawak to fully and legally claim full ownership of oil and gas resources is for the state government to seek the removal of the Petroleum Development Act 1974 (PDA74), a senior lawyer contended today.
As Sarawakians, we all have rights to our oil and gas which we lost since PDA74 was passed by the federal parliament - Voon Lee Shan (picture, left)

He said as long as PDA74  is still being enforced there is no way Sarawak can claim full ownership of the oil and gas resources.

He said this is because PDA74 over-rides Oil Mining Ordinance 1958 (OMO58) as indicated by Article 75 of the Federal Constitution.

“It is clear that under Article 75 when there is a conflict between the state law with an Act of Parliament, the Act of Parliament takes precedence over the state law,” Voon, who is also Parti Bumi Kenyalang (PBK) president, said in a statement.

“It is now the obligation of the state government to seek federal parliament or the prime minister to repeal PDA74 and other relevant Acts of Parliament so that Sarawak and Sabah could take back their oil and gas resources,” he said.

He added there should be no more playing politics about this Sarawak rights by  leaving PA74 to become an enforceable law to vest Sarawak’s oil and gas in the hands of Petroliam Nasional Berhad (Petronas).

He agreed that OMO was enacted in 1958 before Malaysia was formed in 1963 while PDA was passed by Parliament in 1974.

He said PDA74 was passed to take and vest Sarawak’s oil and gas resources in the of Petronas. 

He said it does not mean that any Act of Parliament passed  during emergency would automatically be repealed after the removal or lifting of the Emergency Ordinance, citing PDA74 as an example that continue to exist.

“It  is irrelevant whether or not PDA74 was drafted in secret or was passed with or without the approval or consent of Sarawak Legislature or the then Chief Minister Tun Rahman Yakub, had been tricked, coerced or otherwise on freewill, signed the oil and gas resources away during strange times, but, the fact is clear that PDA74 as it is now, gives the full authority in perpetuity to take these resources away,” he argued.

“As Sarawakians, we all have rights to our oil and gas which we lost since PDA74 was passed by the federal parliament.  

“We also know the intention or purpose of PDA74 and we also know that PDA74 could likely be unconstitutional, but it is still a good law until repealed by Parliament or declared by a competent court that it is unconstitutional,” he said.

 Voon argued that the oil and gas pumped by Petronas from Sarawak was God’s given gift to Sarawak, not to Petronas or the federal government or Malaya.

He said he could not understand why the state government still does not believe this and still seems reluctant to take everything that is  in the hands of Petronas back for Sarawak.