Thursday, 15 July 2010

Global Indigenous Youth Caucus Intervention at the 3rd Session of the EMRIP

Global Indigenous Youth Caucus Intervention to the 3rd Session of the Expert Mechanism on the Rights of Indigenous Peoples
Agenda Item 3: Study on Indigenous Peoples and the Right to Participate in Decision-Making 13 July 2010

This is the Global Indigenous Youth Caucus’ first official presence at the Expert Mechanism on the Rights of Indigenous Peoples. We sincerely hope we will be welcoming more youth to join us in future sessions. Whilst the progress report gives us a comprehensive overview to the participation of Indigenous Peoples in decision-making, indigenous youth is only mentioned in paragraph 62 and the role of indigenous youth in decision-making is poorly addressed.

Indigenous youth and children globally represent some 50 to 70% of the total indigenous population. Despite this, we are often excluded and ignored from discussions where decisions affecting us are made. There is a desperate need to involve indigenous youth as stakeholders in decision-making processes on the national and international level as we as youth hold a key position between our indigenous tradition and modernized structures. We are carrying the great value of being familiar with both, thus play an integral part in the formation of indigenous identities and the continuation and sustainability of cultural practices and traditions. It is critical that we have full and effective participation in decision-making processes, so our voices can be heard, allowing us to identify our needs and act accordingly.

Echoing the study, we prepared a situation analysis on indigenous youth’s participation in decision-making process based on information and input provided by the members of the Global Indigenous Youth Caucus worldwide.

Key points drawn from the analysis follow:

1. At the community level, format and degree of youth’s participation in decision-making vary. While some youth are intensively included in cross-generational connections and communications with their elders, others are not permitted to express their opinions with ultimate decision making lying with elders. Native models of congenial cross-generational communication should be put forward for consideration at the UN and in decision-making process on all levels.

2. In most countries, indigenous youth are not represented in the federal, state or local government. Indigenous focused political parties are not common. If present they rarely place indigenous youth on the agenda. In most countries the turnout of indigenous youth in elections is low. There are often cases where indigenous youth are excluded from the election process because they are not able to acquire legal documents. As youth make up a considerable part of the indigenous population and as we are the future work force. If not included in this process today, we face a bleak outlook for all indigenous peoples’ participation in decision-making tomorrow.

3. Many governments claim that “youth are the best experts on young people’s lives”. However this does not carry over to policy that affects us; education, vocational training, cultural survival and environmental protection policies are often made by senior officers without any input from youth, or consultation with indigenous youth.

4. Indigenous youth participants can be spotted in many regional and international gatherings. However, may I ask everyone who is under age of 24 to raise your hand? (Thank you.) As can be seen here, it is obvious that the number of indigenous youth representatives present in international occasion is still low. Financial constraint is often but not the only issue. Members of the Youth Caucus have been denied entry to international conferences due to visa, accreditation, or political interference.

5. Indigenous youth is in general a strong and dynamic force in the grassroots movements for the rights of indigenous peoples. Numerous indigenous organizations are generated from the indigenous youth, dealing with practical promotion and development of indigenous culture and language among young people. We do this through advocacy, lobbying, awareness raising, demonstration and protest against governmental and non-governmental policies that have adverse effects on indigenous peoples and our cultural identity. However, in some areas, indigenous youth are not allowed to establish their own associations of any kind.

6. Other key obstacles that hinder youth’s participation include, cultural constraint, lack of access to adequate information, poor understanding of information, deprivation of our rights to learn about our rights and relevant international instruments. Our education does not adequately reflect our indigenous heritage and the specific needs and world view of indigenous youth. There is general exclusion from capacity-building processes and lack of motivation to participate.

This situation analysis reflects indigenous youth from various participating Global Indigenous Youth Caucus countries that demonstrate their interaction and participation in decision-making roles. We respectfully call upon the Experts to include the importance of indigenous youth and their participation in decision-making in the final study. We further call for support of any kind to assist the Global Indigenous Youth Caucus in compiling a more detailed and comprehensive study of indigenous youth and their participation in decision-making.

Tuesday, 13 July 2010

JOAS statement at the EMRIP 3rd session - Agenda Item 3

Statement of Jaringan Orang Asal SeMalysia (JOAS)
[Indigenous Peoples’ Network of Malaysia]
To agenda item 3 Study on indigenous peoples and the right to participate in decision making.

Kopivosian
Thank you, Mr Chairman.

First of all, I would like to congratulate you on behalf of Indigenous Peoples’ Network of Malaysia for your election as Chairperson of this session. We would like to also congratulate you and your fellow experts for compiling the draft report. We are very happy that our submission to the EMRIP has been incorporated in the document.

Mr. Chairman and distinguished delegates,

We, the Indigenous Peoples of Malaysia, have very distinct cultures and relations to our land, territories and resources. We strive to maintain these distinct values through our Adat and values that have been passed down to us from our ancestors for generations. We have lived and nurtured our traditional knowledge, innovations and practices since time immemorial, making us the true custodians of our land, territories and resources.

In Malaysia, we have very unique situation where customary law and its institutions in the state of Sabah and Sarawak are recognize by the federal and state constitutions. However, throughout the years we have seen the erosion of our customary institutions due to government appointments of our customary leaders, bypassing our traditional way of selecting our leaders. This has resulted in the weakening of our traditional leadership system which has undermined our effective participation in decision making. This is clearly a violation to our rights to self determination and self governance.

As a result of the weakening of our leadership system, development aggression has resulted in loss and misery of countless number of communities through logging, large scale plantations, mining, mega dams, protected areas and other infrastructures. These is a direct result in the lack of participation of the indigenous peoples in the decision making process. The government is been given inaccurate information about the real situation by the project proponents because the indigenous peoples is not involved in planning of such development. Local and international cooperation continues to disregard the need for Free Prior and Informed Consent (FPIC) before any development in our territories; they have no fear and pay little attention to our demand for dialogue as they see that they have full backing from the authorities.

With regards to the thematic study on the right to participate in decision making; we would like to stress that FPIC process is not a mere consultations process but a process to assert our rights to self determination. FPIC is not enough to protect our rights if the erosion and political intervention by the government that result in the weakening of our leadership which undermines our rights to participate in decision making process. The weakening of our traditional leadership has failed our communities since the government appointed leaders does not bring the aspirations of our communities. They had become mere eyes and mouth of the government in the system that is designed to be top down decision making process.

Our grave concern particularly on the Orang Asli community on the lack of representation in the government, the Department of Aboriginal Affairs continues to disregard the plight of Orang Asli on the land ownership matters. Despite memorandum after memorandum submitted to our government by our Orang Asli brothers and sisters to protest on the amendment to the Orang Asli Land Allocation Policy, the department continued with the amendment.

We have received numerous complaints from our Orang Asli brother and sisters that the Department of Aboriginal Affairs also continues to make decision on behalf of the Orang Asli without the full and effective participation. Dialogue are organized merely to get rubber stamping from the community even there were voices of protest, but these voices of protest is not taken into consideration.

But despite all these, we would like take note of the recent development. The formation of the Selangor Orang Asli Land Task Force which is to facilitate the process to indentify and demarcate the customary land of indigenous peoples in the state and an effort to solve age old issues. The action is done by the indigenous peoples themselves using participatory mapping with full participation of indigenous communities concerned. We hope that this good practice of using new tools and providing platform to the indigenous peoples’ community can also be replicated in other states all over Malaysia.

In conclusion, We wish to recommend the following;

1) EMRIP to study the impact of the state imposed committees to the traditional leadership and participation of Indigenous Peoples in decision making.

2) EMRIP to further improve the study on the participation of women and youths

3) EMRIP to include in the study the useful tools and platforms that can help in ensuring the rights to participate in decision making

4) EMRIP to recommend to the Human Rights Council to organize a global round table discussion on FPIC.

Kotohuadan, Terima Kasih ,

Thank you Mr. Chairman

Wednesday, 16 June 2010

Swiss retailer lodges complaint against Malaysian palm oil group

For immediate release

BRUNO MANSER FUND, BASEL / SWITZERLAND


Migros requests a probe on IOI's breaches of law and sustainability standards in Borneo

ZURICH, SWITZERLAND. Following the disclosure of the Malaysian IOI group's irresponsible dealing with native land rights and its involvement in illegal and fraudulent rainforest clearances on Borneo, Switzerland's largest supermarket chain, Migros, has announced it will lodge a formal complaint against IOI, its principal palm oil supplier.

In a statement sent to the Bruno Manser Fund, Migros said it would submit a request for IOI's misconduct to be probed by the Roundtable on Sustainable Palm Oil (RSPO). "This matter must be investigated. If the reproaches are seen to be true then, in Migros' opinion, sanctions must be imposed on the company in fault." Migros also announced that it would contact IOI directly and request for a full explanation. "If the explanation given is not satifactory, Migros will take the necessary action and draw the appropriate consequences."

Robert Keller, head of food production of Migros industries and a former executive board member of the Roundtable on Sustainable Palm Oil (RSPO), said he was dismayed by IOI's breaches of law and sustainability standards as reported by the Bruno Manser Fund and Friends of the Earth International. IOI's conduct in the Malaysian state of Sarawak and the Indonesian province of West Kalimantan had been found to be strongly inconsistent with the group's claims of corporate responsibility.

While Migros said it did not support calls for a boyott of palm oil, the supermarket announced it would examine "all the possibilities for replacing palm oil if this brings advantages in social, ecological, or health terms." The Bruno Manser Fund had called on Migros to discontinue its business relationship with IOI and to strongly reduce its palm oil consumption.

Migros is a founder member of the Roundtable on Sustainable Palm Oil (RSPO). RSPO has recently drawn a lot of criticism for its failure to effectively contribute to reduce tropical rainforest clearance in South-East Asia.



Picture: IOI jungle clearance for a new oil palm plantation on lands of the Kayan community of Long Teran Kanan in the Tinjar river region of Sarawak, Malaysia (November 2009). In March 2010, a Malaysian court declared the land leases used by IOI as "null and void" as they had been issued in an illegal and unconstitutional way.

Saturday, 12 June 2010

Orang Asal Expert is a New Member of SUHAKAM

Jaringan Orang Asal SeMalaysia (JOAS) would like to congratulate Jannie Lasimbang upon her appointment as one of SUHAKAM’s Commissioners.

Jannie Lasimbang, a Kadazan from Sabah, is an advocate for Indigenous Peoples’ rights. Since the 1980s, she has been actively involved in environmental and human rights advocacy at the local, national as well as the international level.

She has been actively involved with PACOS Trust and Jaringan Orang Asal SeMalaysia (JOAS) since its formation, and was the Secretary-General of the Asia Indigenous Peoples Pact Foundation (AIPP) from 2000-2008.

Currently she is the Chairperson-Rapporteur of the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP), which is a subsidiary body directly under the United Nations Human Rights Council. She is also one of the focal point for the International Indigenous Forum on Biodiversity dealing with the UN Convention on Biological Diversity (CBD).

JOAS welcomes her appointment and is ready to work together with her and other commissioners to continue the work of former SUHAKAM vice chairperson, Tan Sri Simon Sipaun and former commissioners that have worked tirelessly to promote and protect the rights of Indigenous Peoples of Malaysia.

We believe Jannie can make a difference in incorporating the UN human rights mechanisms within SUHAKAM’s framework, especially on issues that brings great concern to the human rights violations that is currently faced by the Orang Asal when their inherent rights to land, territories and resources has been denied.

Furthermore, new policies and guidelines for development that includes the Orang Asal in decision making processes must be upheld especially in the context of the Free, Prior and Informed Consent (FPIC) that is mandatory in all development projects that affects the Orang Asal.

Article 46(2) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) states that:

In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this declaration shall be subject only to such limitations as are determined by law, in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedom of others and for meeting the just and most compelling requirements of a democratic society.

Hellan Empaing, JOAS Secretary and also the focal point for Women’s rights said, “We are proud that an indigenous woman is appointed for such an influential and important post, regardless of her gender and ethnicity. Indigenous women have always suffered triple discrimination (for being indigenous, for being poor and because she is a woman), and hopefully we can now have proper representation and a platform to voice out our important issues and grave situations”.

JOAS will continue to work closely with SUHAKAM in promoting human rights especially the rights of the Orang Asal.

For more information please contact:


JOAS Secretariat
088-726413
joasmalaysia@gmail.com

Friday, 12 February 2010



Nicholas Mujah, representative from Sarawak Dayak Iban Association (SADIA)

picture from Where is democracy?

Thursday, 11 February 2010

PRESS RELEASE - Orang Asal rep kicked out from participating in public forum

For Immediate Release


Orang Asal representative got kicked out from participating a public forum

11 February 2010

Jaringan Orang Asal SeMalaysia (JOAS) strongly condemns the discriminating act by the Prime Minister’s Department in dispelling a community representative from participating in the public forum that was organised by the department that aims to gather information and feedbacks on numerous issues so as to understand and resolve the perennial problems of the people.

Nicholas Mujah, a representative of the Sarawak Dayak Iban Association (SADIA) was asked to leave the forum for no apparent reason by the organisers.

The Sarawak Lab, part of the national circuit, was held on 9 February 2010, at Pullman Hotel Kuching and was chaired by Idris Jala.

Participants include senior government officers consisting of officers from various ministries, Resident and District Officers and the Sarawak Attorney General. Various plantation companies were also present as well as community chiefs and a few individuals who were interested in the public forum. Participants took part in three discussion labs; socio economic, native customary rights (NCR) and the Native Court.

One of the feedbacks from the NCR group was given by Hassan Sui who addressed the disputes caused by the lack of accountability and transparency of government agencies such as the Land and Survey Department as well as plantation companies such as Pelita, and shared his recommendations. Another feedback by Temenggong Stephen Jussem stated that the ongoing manipulation and intimidation against the Tuai Rumahs to certify native land and boundaries, should stop.

Mujah had already participated for the first part of the forum in the morning session. During the morning tea break, he was pulled by one of the organisers to a room and was told to leave the forum as the event is only for invited participants and government officials.

Mujah protested that the forum is for the public and continued to insist that he should be in the forum. However, the organisers later told Mujah that the directive to eject him out of the forum came from the top.

The organisers of the forum were wrong in ejecting Mujah out. Mujah, a well-known community representative and NCR activist, in advocating Orang Asal rights plays an important role in providing feedback as well as recommendations for this public forum. He should not be stopped from attending the forum, unless the Prime Minister’s Department is not serious in addressing this issue and this event is just another window dressing for the public.

JOAS questions the accountability of the public forum that does not include the participation of a community representative and organisers that lacks of responsibility to be inclusive of all rakyat so as to ensure a transparent and open public forum to discuss upon the most important issues that are faced by the indigenous peoples of Sarawak today.

Until the government moves forward towards a meaningful solution with the full and effective participation and the free, prior and informed consent of the Orang Asal as enshrined in the United Nations Declaration on the Rights of the Indigenous Peoples (UNDRIP), NCR land disputes will continue to take place throughout the state, to the detriment of the rights of the indigenous peoples of Sarawak, the sustainable development of the Sarawakian population and the image of the state of Sarawak and Malaysia, contrary to the spirit of 1Malaysia.


Yours truly,

Adrian Banie Lasimbang
President
Jaringan Orang Asal SeMalaysia (JOAS)
Indigenous Peoples network of Malaysia
joasmalaysia@gmail.com

For more information please contact:

Nicholas Mujah
Sarawak Dayak Iban Association (SADIA)

Tel: 016-8946976
Email: sadiahq@gmail.com

Friday, 29 January 2010

NGOs upset with EU’s stand on disputed timber

PETALING JAYA: Indigenous groups are crying foul over the European Union’s readiness to sign a timber trade agreement with Malay-sia.

This was despite the continuous boycott of so-called multi-stakeholder consultations by various indigenous groups since March last year.

The groups, known as the Jaringan Orang Asal SeMalaysia and Jaringan Orang Asal dan NGO Tentang Isu-isu Hutan (JOANGOHutan), have rejected the requirement that defines the source of timber as legal based merely on existing laws.

They object to the fact that the definition ignores how logging licences have often been issued on land claimed by indigenous communities without their free, prior and informed consent.

On Monday, the adviser to the ministry on the negotiations, Datuk Dr Freezailah Che Yeom, said substantial progress on the negotiations has been made on the agreement known as the EU Forest Law Enforcement, Governance and Trade-Voluntary Partnership Agreement.

The Head of the EU delegation to Malaysia, Vincent Piket, said many technical details had been resolved but acknowledged that there remained “difficult issues” to be settled by July.

He also dismissed concerns that the non-participation of NGOs would derail the July deadline, pointing to a meeting between the NGOs and Plantation Industries and Commo­dities Minister Tan Sri Bernard Dompok at the end of last year.


http://thestar.com.my/news/story.asp?file=/2010/1/27/nation/5550007&sec=nation