Bruno Manser

The man who made the plight of the indigenous people in Sarawak known to the world is the well-known activist Bruno Manser, a 46-year old Swiss national who spent six years (1984 to 1990) living with a group of nomadic Penan. In May 2000, Manser disappeared near Batu Lawi, a 2000-meter sheer limestone pinnacle in Sarawak. His body has not been found, and he is now presumed dead.

In his six years with the Penan, Manser became so well-versed in their language and culture that he became an accepted member of their community. It was also around this time that the Penan and other Dayaks began organizing blockades in protest against logging activities. The Malaysian government attributed this to Manser, accusing him of instigating the blockades. In doing so it was ignoring the fact that this resistance had been building up for many years prior to his arrival - the blockades would have occurred even if he had not been present (1).

Manser did draft petitions and make translations for the Penan, and his links to the outside world garnered much international publicity for the blockades. The situation became a huge embarrassment for Malaysia. The government sent search parties out to find Manser, and placed a US$50,000 bounty on his head. Manser was forced to flee Malaysia in 1990, after being captured and escaping twice.

For the next ten years, Manser continued to campaign to help the Penan from overseas (click here to link to his organization - BMF), and staged several publicity stunts, including a flight over the Sarawak capital of Kuching on a motorized hang-glider in 1999. In May 2000, he managed to cross the Indonesian-Malaysian border into Sarawak. Shortly after this, he set out alone into thick forest surrounded by loggers and police, to find one of the last remaining nomadic Penan groups. He never returned, and nobody (including the Penan and his family) has heard from him since, and there has been no evidence to prove if he is dead or alive. Theories about his fate abound: some believe he died in a jungle accident, while others, such as the Penan, believe he was murdered by people associated with the government or with logging companies (2).

The Sarawak Land Code was implemented in 1958. Under this code, land in which native customary rights (NCR) had lawfully been created prior to 1st January 1958 is termed Native Customary Land (NCL). However, section 5(3) of the Land Code states that "any native customary rights may be extinguished by direction issued by the Minister" for "public purposes" or to facilitate alienation of land, which under Section 15A must be for the purpose of any undertaking that would, in the opinion of the Minister, be for the benefit of the State. In effect, as of 1958, NCL became a part of State land, and NCR can easily be disposed of. The indigenous people lost real control over their land.

The Land Code does state that any order to extinguish NCR must be accompanied by the payment of compensation to any person who can claim NCR on the land. However, claims for compensation must be made within 60 days of the order. After this time period, "native customary rights shall cease and be extinguished and the land held under such rights shall revert to the Government." As the indigenous people have limited access to legal resources, 60 days is often not enough for them to file their claims. Also, a 1996 amendment to the Land code removed the requirement that the indigenous people must be notified of any directions of extinguishments of NCR. This means that if the people do not have access to the District Office during the sixty-day period, they may lose their land without even knowing it (4).

The NGO response

These laws have provoked the normally placid Ibans, Penans and other groups into action against logging and plantation activity on ancestral lands. While some of this resistance has been violent, such as the killing of four plantation thugs in 1999, the most common method has been pursuing legal challenges. A number of non-governmental organizations (NGO's) have formed in the last ten years or so to assist indigenous communities in their struggles. The legal approach is most common. Partly this is due to a lack of success with blockades. But also this is because the legal branch of the Malaysian government is the most sympathetic to their concerns. Since Malaysia is part of the British Commonwealth, the British legal system forms the basis of Malaysia's system, and cases in one country, such as Canada, Nigeria or Australia, can serve as legal precendent in Malaysia. Unlike neighboring Indonesia with its rampant corruption, most judges have not been bought off.

The Rumah Nor case

The court system unfortunately is very slow, and cases can take ten years to reach a final verdict. But some cases have already been one. Undoubtedly, the most important of these is the Rumah Nor verdict.

On May 12th, 2001, the High Court in Sarawak issued a landmark ruling that may have far-reaching consequences for indigenous land rights. After a two-year long legal battle, the court ruled in favor of the Iban village Rumah Nor, preventing the Borneo Paper and Pulp (BPP) company from destroying Rumah Nor's rainforest. In 1999, after being granted a license from Sarawak's Land and Survey Department to create a 1 million hectare plantation, the BPP began to cut down forests on Rumah Nor's ancestral land. Rumah Nor's inhabitants were never informed about this directive (5).

The case could completely reverse years of a steady decline in the legal status of NCR lands. Sarawak's legislature had recently redefined NCR lands to be only those lands intensively cultivated. The Rumah Nor verdict reinstates the traditional boundaries between indigenous villages as the boundaries of NCR lands. The ruling even makes it difficult to pass new laws alienating people from their land, stating that the indigenous people cannot lose any of the land for any reason, without proper compensation. This overturns some of the worst aspects of the 1958 Land Code mentioned above.

Conclusion

The people of Sarawak have a long and proud history. They live in a very extraordinary land, with some of the most outstanding flora and fauna in the world. One common theme though their history is the importance of land. If the indigenous people can keep control of their land, development projects that benefit only a few rich people cannot move forward, and the great jungles of Borneo may not be destroyed. Sarawak's traditional cultures can survive, and interrelate with Westernization on their own terms, at their own pace. The Borneo Project exists as a conduit for Western people, technology and knowledge to help Sarawak's indigenous people, instead of hurting them.

Return to Part 6 - Bakun Dam and Oil Palm Plantations