STATELESS CHILDREN OF BORNEO Children of Sabah's migrants are invisible to the stateSorting fish from a month at sea Stateless means no schoolMarket work starts young
Thousands of undocumented immigrant children live in Sabah, East Malaysia on Borneo Island. Some have lived there for many years and have families. Not eligible for official documentation they are stateless people.
Lacking official recognition, children cannot attend state school and many end up with no education working in menial jobs. Others are exploited by traffickers. Many are Bajau sea-gypsies, others are immigrants from the Muslim Sulu area of Southern Philippines. Indonesian workers also come across the porous border from Kalimantan seeking work.
Sea gypsies migrate
Many of the Bajau Laut sea gypsies have now settled in Sabah. Climate change, overfishing and poverty have caused them to give up their nomadic life on the sea in favour of the shanty towns of coastal Sabah. The presence of migrants has been tolerated because many are contributing work in the state. However in recent years a rise in Muslim terrorist activity at tourist resorts around the coast has made the government less tolerant towards the migrants and less inclined to provide residency papers. So these shanty communities remain in limbo, trapped in an insecure situation where they cannot progress.
This story follows children from the shanty villages of Gaya Island, offshore from capital Kota Kinabalu, as they fight, play and hustle for a living in the capital’s busy fish docks and markets.
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A boatman climbs into his boat beneath a shanty village built over the water offshore from Gaya island. Thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years and have children. Not eligible for official documentation they are stateless...
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Children look out from a mosque in the shanty village of Gaya island.
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A boy paddles using his shoes in an upturned aluminium washing-up bowl he is using as a boat offshore from Gaya Isand, Sabah, East-Malaysia. He is one of thousands of stateless people on Gaya island, mainly from the Bajau Laut community of sea-gypsies and immigrants from the Sulu area of...
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Thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years and have children. Not eligible for official documentation they are stateless people. Lacking official recognition, children cannot attend state school and many end up with no education working in...
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A boy leaps of a rickety walkway outside his shanty home into the sea below. Sprawling shanty villages have grown up around Gaya island offshore from the capital Kota Kinabalu.
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A boy walks through discarded garbage covering the beach at his shanty village of houses on stilts roughly built over the water on Gaya Island, offshore from the State capital of Kota Kinabalu, Sabah, East Malaysia. Like thousands of others, he has no formal immigration status and is considered ‘stateless’....
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People await the taxiboat off Gaya island to take them to the capital Kota Kinabalu in the background.
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Thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years and have children. Not eligible for official documentation they are stateless people. Lacking official recognition, children cannot attend state school and many end up with no education working in...
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The Filipino fish docks in Kota Kinabalu are a hive of activity where fish are landed from Filipino trawlers, many of which have been out to sea for weeks at a time. The fishermen are among thousands of undocumented immigrants living in Sabah, East Malaysia on Borneo Island. Some of...
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Fish cover the Filipino fish dock having been unloaded from the hold of a trawler. The trawler had been at sea for 30 days. The different species of fish are separated into boxes, labelled, weighed and loaded onto vehicles for distribution from Kota Kinabalu the capital of Sabah, East Malaysia.
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A boy who has just been hit looks enviously at another boy who is holding a handful of fish. Stateless, these Bajau Laut sea-gypsy boys cannot go to school. Instead they loiter around the fish dock pretending to work and scrounging or stealing fish which they will then try to...
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A Filipino dock worker sorts different species of fish into separate boxes as they are unloaded from trawlers at the Filipino fish dock in Kota Kinabalu the capital of Sabah, East Malaysia.
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This boy is getting bullied by the older boys at the Filipino ship dock, some of whom now work there. The Filipino fish docks in Kota Kinabalu are a hive of activity where fish are landed from Filipino trawlers, many of which have been out to sea for weeks at...
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The Filipino fish docks in Kota Kinabalu are a hive of activity where fish are landed from Filipino trawlers, many of which have been out to sea for weeks at a time. The fishermen are among thousands of undocumented immigrants living in Sabah, East Malaysia on Borneo Island. Some of...
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The Filipino fish docks in Kota Kinabalu are a hive of activity where fish are landed from Filipino trawlers, many of which have been out to sea for weeks at a time. The fishermen are among thousands of undocumented immigrants living in Sabah, East Malaysia on Borneo Island. Some of...
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Trawler fishermen unload their catch onto the dockside having been at sea for a month. The Filipino fish docks in Kota Kinabalu are a hive of activity where fish are landed from Filipino trawlers, many of which have been out to sea for weeks at a time. The fishermen are...
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A boy plays in an icebox on the dockside in Kota Kinabalu.
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Masked trawler men unload their catch.
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The Filipino fish docks in Kota Kinabalu are a hive of activity where fish are landed from Filipino trawlers, many of which have been out to sea for weeks at a time. The fishermen are among thousands of undocumented immigrants living in Sabah, East Malaysia on Borneo Island. Some of...
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A boy stands on the edge of a garbage skip at the entrance to the Filipino market in Kota Kinabalu. With no immigration documentation, he and the other children in the picture are classed as ‘Stateless’ and cannot go to school. Instead they start work at an early age as...
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The hair of the boy to the right has a nutrient deficiency common among immigrant street kids.
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Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years with children...
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A boy points at another boy among a groups standing on porter trolleys and watching the sunset. Every evening ‘stateless’ children gather at the Filipino market in the town centre, where they work as porters because they are not eligible to join the state school education system. Kota Kinabalu, Sabah.
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Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years with children...
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A trawler off the coast of Kota Kinabalu at sunset.
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Stateless street children self-study at dusk outside the Filipino market in Koto Kinabalu. Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years with children born there. Not eligible for official documentation they are stateless people. Lacking...
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A fishwoman displays her fresh fish in the Filipino market in Sabah.
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Market stallholders at their fish stall in the Filipino market.
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A boy sits on an icebox at dusk among the junk and garbage at the back of the Filipino market. Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented...
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A boy in the Filipino market receives a coin from a customer for his services of providing a plastic bag for fish which he will then carry for his customer. Thousands of undocumented migrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many...
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Children play fighting at night outside the Filipino market. Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of...
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Two undocumented migrant sisters hustle for customers in the Filipino market in Sabah state capital Kota Kinabalu.
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Two girls await payment for a plastic bag in the Filipino market in Kota Kinabalu.
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A girl is caught red handed stealing sate chicken in the Filipino market. Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on...
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Sate stalls at the Filipino market in Kota Kinabalu, Sabah's capital.
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Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years with children...
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A boy plays in the Filipino market with a plastic bag over his head. Having received no school education he is unaware of the dangers of suffocation. Stateless street children loiter around the Filipino market in Koto Kinabalu, getting up to mischief and searching for menial work as porters and...
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Two boys play a favourite game of 'coin' outside a public toilet in Kota Kinabalu, capital of Sabah. Stateless street children loiter around the Filipino market, getting up to mischief and searching for menial work as porters and bag carriers. Tens of thousands of undocumented immigrants live in Sabah, East...
Tens of thousands of undocumented immigrants live in Sabah, East Malaysia on Borneo Island. Some of them have lived there for many years with children born there. Not eligible for official documentation they are stateless people.
Locals suspect their mangroves were poisonedLand for tree plantations is disputedCollecting shellfish among the mangroves
A development plan establishing shrimp farms and timber plantations begun purportedly to reduce poverty in northern Sabah, Malaysia, has attracted criticism from local communities and NGOs, which say the project is ignoring communities’ land rights.
Satellite imagery shows the clearing of large tracts of mangrove forest for shrimp farms. Critics of the development say this is depriving forest-dependent local communities of their livelihoods as well as threatening mangrove wildlife.
Several communities have banded together and are together petitioning the government to officially recognize their rights to the remaining mangroves and prevent further clearing for development.
TELAGA, Malaysia — The district of Pitas in the Malaysian state of Sabah is situated on the 40-kilometer Bengkoka peninsula on the island of Borneo, stretching east into the South China sea.
This forested, hilly area slopes down to the coast along the Telaga River, through ancient mangrove forest. But since the 1980s, it has been increasingly opened up by government-sanctioned development projects; more recently, in 2013, mangrove clearance has resumed for the commercial farming of shrimp (also referred to as prawns). This resurgence has brought the company Sunlight Inno Seafood Company Sdn Bhd, which is supported by the government, into conflict with local communities that depend on the mangroves for their livelihoods.
In response to mangrove clearance, six indigenous Orang Asli communities in the district have come together to form the “Group of Six” (G6) collective Pitas action committee. It aims to save around 1,000 acres of the remaining mangroves and get this area legally designated under their Native Customary Rights (NCR).
Farmer and fisherman Mastupang Bin Somoi, 52, from Kampung Sungai Eloi, is founder and Chairman of the G6 collective. In his gardens he grows vegetables, rice and a few rubber and oil palm trees. He shows me a handful of large shellfish he has gathered from the muddy riverbed at the nearby boat landing. He says the villagers in the area depend on a mix of farming, fishing and collecting non-timber forest products from the mangrove forest for their livelihoods.
“They used to be quite friendly, they were not scared of humans, but now after their habitat’s been destroyed they’ll keep their distance,” Somoi says as he watches two proboscis monkeys (Nasalis larvatus) bound through the trees. As the boat he’s on proceeds along a channel through the mangroves, a two-meter (6.5-foot) estuarine crocodile (Crocodylus porosus) slides from the bank into the water. These mangrove forests are home to a wide diversity of vulnerable species, some of them listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
“This sign says, ‘no encroachment’,” says Somoi, pointing to a sign tied to a tree. The signs have been placed by the communities to demarcate the perimeter of the mangrove forest claimed under their NCR. Around 2,300 acres have already been cleared under the project and this is set to expand next into an additional 1,000 acres, pending the outcome of an Environmental Impact Assessment (EIA) started in 2015.
Further along, Somoi points out a burial site he says is sacred to the communities. Soon the dense mangrove forest opens into a clearing of stark devastation with dead mangrove roots bleached silver by the tropical sun and the dark peat earth beneath torn into grooves by heavy equipment. Most of the forest has already been cleared and the communities are desperate to retain the remainder on which they depend for resources, as well as the other ecosystem services it provides.
The shrimp farms cut out of the mangrove forests are secured with two-meter-high solid metal fences backed with coils of razor wire to keep people out. One plot visited by Mongabay was an area about 400 meters (1,300 feet) across containing artificial ponds in which water was being circulated with turbine pumps; a handful of workers was on-site.
Lanash Thanda, president of the NGO Sabah Environmental Protection Association (SEPA), described how the project was originally initiated by the Sabah Forest Development Authority (SAFODA) as part of the 2010 Malaysian Economic Transformation Programme to bring economic development to the poverty stricken area. “There is no water connection so people save rainwater from their roofs and when that is gone have to pay for deliveries,” Thanda said. She explained that levels of poverty in Pitas are high compared with most of Sabah. However, according to Thanda, the project has floundered due to mismanagement and a lack of processing, storage and transportation infrastructure. “Look at their office – it’s new. That’s the prawn farm company. When I came in November it wasn’t there,” said Thanda, explaining how the project is proceeding despite initial deficiencies. “The Sunlight company was supposed to open a plant in Pitas to process prawns and provide 3,000 jobs, but nothing is happening,” Thanda told Mongabay. She said local people are dismayed that foreign workers have been brought in, and that few of the jobs originally promised have materialized. Sunlight Inno Seafood Company Sdn Bhd did not respond to requests for comment.
The boat stops at a large stand of dead mangrove trees. The communities suspect they were poisoned because at the same time the trees died, “all the fish died” in the area, Thanda said. This area of mangroves was frequently used by local communities, and its destruction galvanized members from the G6 collective into action. In June 2015 they confronted workers clearing the area with heavy equipment.
“We spoke to the other G6 communities. Thirty-seven members came down. We posted a notice and painted the hitachis [digging equipment],” Somoi said. “In the notice we explained that we are giving you [the equipment operators] 24 hours notice to vacate this area, because this is our NCR [Native Customary Rights] area. If you do not leave after this we will not be responsible for actions taken against you from the communities. Then we left.” According to Thanda, thirty staff from the G6 communities working in the shrimp farms were sacked within the following month. She suspects that this was punitive retaliation by the shrimp company for protesting further clearance.
The equipment was subsequently removed and the Environmental Protection Department responded that an EIA would now be conducted on the area to assess whether clearance should proceed. But despite beginning in 2015, the EIA is still pending. The G6 collective has since been active in denouncing the conduct of the EIA process and the project in general. Meanwhile, according to SEPA, in December 2015 the State Cabinet approved clearance of a further 3,000 hectares of mangrove forest in the region.
On April 27, 2017, a delegation from the G6 collective travelled to the state capital Kota Kinabalu to deliver a letter to Chief Minister Datuk Seri Musa Aman, requesting that he intervene to stop the mangrove clearance. The Borneo Post reported that the letter requested the First Minister “to intervene and protect the land in their villages from alleged encroachment by the owners of a prawn farming project there.” The Chief Minister has yet to respond to their request.
Clearance of the forest is nothing new to the communities. Bihahon Rumindon, 67, from Kampong Boluuh village (which is a member of the G6 collective), has been fighting for recognition of his land title for years. He says that while he was awarded the land by the Sabah Forestry Development Authority (SAFODA) in 1971, SAFODA did not follow though on the allocation commitment and instead used it for a local acacia plantation project now managed by Acacia Forest Industries Sdn Bhd (AFI). The company is currently structured as a 50:50 joint venture between SAFODA and the Hijauan Bengkoka Plantations Sdn Bhd (HASB) company and supported by SAFODA.
According to AFI literature, HASB is: “a Sabah based company the ultimate shareholders of which are two international timber funds. Tropical Asia Forest Fund (TAFF) is the majority shareholder managed by New Forests.” Requests for comment sent to AFI were unanswered by press time. Rumindon explained that his people, the Rungus indigenous people, were originally nomadic. He and his neighbors agreed to settle on the land offered to them by SAFODA. He said the department offered 18 acres of land per family if they agreed to give up their nomadic tradition, settle there and clear the forest to cultivate crops. “There was a survey conducted and stones put in the ground in 1974,” Rumindon explained, thumbing through a thick folder of correspondence with government officials.
According to Rumindon, in the late 1970s the community agreed to requests from the original acacia company, Hijuan Planters, to rent the land, because the company said it would clear it. Mongabay visited AFI’s loading dock where cranes load vast piles of acacia logs onto barges destined for pulp and paper mills. “SAFODA says we are encroachers” said Rumindon, who despite his age is still struggling for a just outcome and says it was SAFODA that leased it to the company. Rumindon says the land was never returned. AFI, which took over operations more recently, retains occupation of the plantation area still under operation, and their claim appears to be supported by SAFODA.
“It took seven years to get hold of the [paper] plan,” Rumindon explained, unrolling a large detailed plan of community land from the land department. It appears to conflict with an earlier plan that clearly shows the plots allocated to community families. “SAFODA began designing reforestation and settlement projects in Bengkoka in early 1979,” reads a translated version of SAFODA’s website. “Acaciamangium cultivation was started in 1981. This project is the only large-scale institutional farm dedicated to commercial purposes.” The site does not mention an earlier land agreement, and requests for comment sent by Mongabay to several senior SAFODA staff went unanswered.
In its charter, translated from Malay to English, SAFODA says it is committed to: “Restoring and maintaining an environmentally friendly balance including flora and fauna through forestry activities.”
Rapid clearance of natural eco-systems for development projects in Sabah is an ongoing issue of concern to conservationists, and the situation in Pitas is no exception. As forest is razed for development, already-threatened species may be placed at greater risk. Meanwhile, local communities may face the loss of the many valuable ecosystem services mangrove forests provide, such as fishing, foraging and water catchment.
So far, local indigenous groups say their appeals for official recognition of their rights over these lands have largely been ignored. Critics say government development plans remain firmly in favor of supporting big businesses, despite damaging environmental consequences.
Mastupang Bin Somoi, 52, from Kampung Sungai Eloi stands in front of an area of mangrove forest which has been killed off for clearance through unknown means. The authority for clearing the area is contested because at the time the company responsible did not have the required environmental impact assessment.
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Mastupang Bin Somoi, 52, from Kampung Sungai Eloi paddles his boat through ancient mangrove forests on which his community depends for fish and produce. Much of the forest has already been cleared and the community is keen to maintain an area to sustain their livelihoods. The mangrove are an important...
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Mastupang Bin Somoi, from Kampung Sungai Eloi in Pitas holds a handful of shellfish that he has foraged in a stream in the mangrove forest.
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Mastupang Bin Somoi stands amongst the threatened mangroves he is campaigning to save from prawn farms and get recognised under the community native customary rights.
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Mastupang Bin Somoi, inspects the operations of the AFI company which operates acacia plantations on land claimed by the neighbouring communities.
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Two indigenous 'Orang Asli' fishers row through an area of mangroves on forest claimed for their customary native forest. It was previously destroyed for prawn farms being set up in the area.
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A fenced off area of prawn farm established in an area cleared from the surrounding mangrove forest which is claimed by local indigenous communities.
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A truck laden with Acacia logs is transported along a trail in Pitas district, Sabah, East Malaysia.
Temiar children in their villageInspecting logging damage to indigenous forestSheltering from tropical rain
Deep in the rainforests of northern Malaysia, anti-logging campaigns are trying to stop logging companies from entering forests they say belong to Orang Asli communities.
Blockades are being set up in peninsular Malaysia’s northern state of Kelantan by groups that say logging activities are damaging forests and the surrounding environment.
Kelantan has seen more forest clearing in recent years as the state ramps up tree plantation development.
Activist groups say forestry departments are granting forest access to logging companies, while restricting access to forest-dependent communities.
Malaysian courts ruled recently that forests being targeted by logging companies belong to indigenous Orang Asli communities.
GUA MUSANG, Malaysia – In their fight for the rights of peninsular Malaysia’s native people, the Orang Asli, an alliance of women are making waves in the country’s highly conservative society as they support the efforts of communities and activists trying to stop logging of the region’s forests. The women represent a variety of fields and organizations and are speaking out and even risking arrest in their struggle for the forests and the communities that depend on them.
Mongabay joined them on a convoy deep into the rainforests of northern Malaysia’s Kelantan State to supply provisions to anti-logging campaigns, traveling by night to evade detection by State Forestry Department police. Here, the Temiar indigenous peoples are resisting deforestation by setting up road blockade camps in local forest reserves. By March 2017, three blockade camps had reportedly been torn down by forestry police, but the Temiar vowed to set up more.
The terrain was mountainous and the dirt logging trail had been regularly pounded by the heavy monsoon rains, making progress treacherous. The convoy passed Orang Asli villages along the road, punctuated with log piles and bulldozers at the trackside.
“If we see any of the big guys [elephants], turn off your engine and lights and wait for them to pass,” Karin Lee of PEKA (Preservation of Natural Heritage Organization) announced over the radio to the convoy.
“We brought cooking oil, rice, milk for the children, all the dry stuff for their basic everyday use,” said Sabrina Syed (full name: Puan Sri Shariffa Sabrina Syed Akil), president of PEKA. The convey of three four-wheel-drive vehicles loaded with food supplies, arrived at the isolated community of Kampong Tambaga in Pos Gob district in Kelantan State at 4 a.m., after an arduous ten-hour journey.
“We have no choice but to come in at night,” Syed said. “Of course if they see us, they have the right to arrest us,” A successful entrepreneur with an eco-resort and restaurant, Syed established PEKA in 2010.
No permit, no entrance into the forest
In November 2016, the State Forestry Department stopped issuing permits to enter the forest reserve areas where the Orang Asli live, reportedly in response to the blockades. However, the forest is still subject to licenses that authorize private companies to log the forest.
“It’s not that we don’t want to ask for a permit, but they have frozen the permit at the moment because they do not want us giving any support to the Orang Asli,” Syed said.
“The sentence is three years and 15,000 Malaysian Ringit just for entering a jungle,” said Ong during an interview in March 2017. He thinks he will find out next month whether he will be charged. Despite this, he still decided to join the supply convoy into the forest reserve without a permit.
Section 47(1) of Malaysia’s National Forestry Enactment (NFE) prohibits entering a forest reserve without a valid permit.
“You can apply for a permit [at] the Gua Musang Forestry office,” Encik Razali Bin Abdu Raman from the Kelantan State Forestry Department said during a March 23 interview. He was unclear, however, on whether the freeze on permits was still in place. The Gua Musang Forestry Department office confirmed that a permit was required to enter the forest reserve, but refused to clarify whether it would issue one to enter the area where the blockades had taken place. Although the Orang Asli – which translates to “original people” and refers collectively to the indigenous groups of West Malaysia – have been living a subsistence livelihood for millennia, community members say their high level of dependence on food gathered from the forest has made them vulnerable to the impacts of logging.
“The logging companies keep on coming to the area. We want to stop that. This land has belonged to us for hundreds of years, since our ancestors,” said Yussuman Bin Andor, a Temiar man from the village of Kampong Pos Gob.
“We plan to do the blockades again to protect the waterfalls, the river, the medicinal plants,” Bin Andor said. “The fish in the river are all finished, we don’t have fish anymore. So we have to stop the logging however we can.” He explained that the river has silted up due to soil erosion from nearby logging. He said the variety and amount of plants gathered for use in cooking and healing has also declined, leading to concern about the impacts of logging on their region.
The main reason for bringing in the food supplies, Syed explained, is to sustain the communities while they are spending time on their logging blockades.
“They have to spend a lot of time on the blockade so they don’t have time to look for food,” she said.
‘We will be mounting another blockade’
The headman of Tambaga convened a meeting the morning after our arrival on March 12 to welcome the guests and thank them for the food supplies. Then, more than forty men assembled from the surrounding Temiar communities to discuss their next steps together with their lawyer Siti Kasim and PEKA’s Sabrina Syed.
“We will be mounting another blockade in the coming weeks,” announced Temiar activist Mustafa Along after the discussions, which included a debate on whether or not forming human chains would make future blockades more effective.
They agreed that they would keep the blockades peaceful despite what they described as heavy-handed tactics from the Forestry Department. Singaporean English language Asian cable television news agency Channel NewsAsia (CNA) reported the Forestry Department used chainsaws to cut down their manned barricades in January, allegedly leaving one man seriously injured.
“Blowpipes are not for fun, not for display, they are used for a certain reason. If we use blowpipes it is to kill,” said the elected headman elder known as the “Panghulu.” He reminded those assembled that the presence of poison dart blowpipes at the blockades was unacceptable as tribal protocol stipulates they are reserved only for killing. The Orang Asli live in permanent forest reserves administered and policed by the State Forestry Department. According to CNA’s investigation, 90 percent of reserves are licensed out to logging companies.
Syed says that the Forestry Department profits handsomely from the logging business.
“When they give out the licenses they get money immediately,” she said.
Experts say that logging, though not a new part of the economy in Kelantan, has taken a new turn in recent years. “Selective logging [of big trees] is being replaced by clear-cutting for plantations,” said Shamila Ariffin, research officer with Friends of the Earth Malaysia.
According to Forestry Department numbers, Kelantan had 867,866 hectares of forest in 2008 and is the state with the third-largest forested area in peninsular Malaysia. However clearance for conversion to timber plantations has skyrocketed from 14,819 hectares in 2008 to 166,291 hectares in 2014, for a total of 151,472 hectares converted over this period, and still continuing.
Tree cover loss — which signifies both deforestation and tree plantation harvesting/clearing activity – has increased in Kelantan in recent years. Satellite data from the University of Maryland show nearly a third of the state experienced tree cover loss from 2001 through 2015, with 2014 showing the highest loss numbers over that period. Intact forest landscapes – areas of original land cover large and undisturbed enough to retain their native biodiversity levels – are relegated to Kelantan’s southern and western peripheries.
Areas targeted by logging companies include remaining intact forest landscapes (IFLs), with satellite imagery from Planet Labs captured April 2017 showing a large network of logging roads infiltrating a now-degraded IFL. Activist and indigenous groups are setting up blockades in the region to stymie further logging activities.
“What the authorities are doing now is they are clear-cutting the forest to plant rubber trees and it affects the water catchment area,” Syed said, explaining how heavy erosion after logging has caused siltation in rivers. “Once the water catchment is affected, the rivers are affected, and the fish in the rivers, so everything is affected like a domino effect.”
Those working with the Orang Asli say there is little official recognition of their rights. In a report, the NGO Friends of the Earth Malaysia states “in Peninsular Malaysia forestry resources are stipulated to be the absolute property of the state, while Orang Asli communities are burdened with numerous legal restrictions and impediments in their efforts to manage their ancestral forests.”
Taking the conflict to the courts
Siti Zabedah Kasim is a lawyer with the Malaysian Bar Council. She has dedicated herself to legally representing the rights of the Orang Asli for several years and is a frequent visitor to their communities.
“I‘ve decided to choose the Orang Asli area because I feel they are still under-represented and they need empowerment, they need more help,” Kasim said in an interview. She added that it is a painstaking task because “the court case will take so long,” by which time the loggers may have concluded operations and moved on.
According to Kasim, Orang Asli claims of land rights and ownership to their communal forest are routinely ignored by the State Forest Department.
“The Forest Department seem to think that the Orang Asli here are only ‘tenants at will,’ meaning they are not the occupier or the land-owners,” she said. “They keep saying that these people are merely squatters, have no rights basically. So because of that, the Forestry Department seem to think they can do whatever they like by taking the land or log around their ancestral land, without thinking how it will affect the community.”
The Malaysian governance structure provides state governments with the highest level of control over decisions relating to land use.
“It’s a problem when even the Human Rights Commission set up by the government…came up with a report with 16 recommendations [that] are still not done,” Kasim said, adding that the federal government does have a responsibility for the rights of the Orang Asli but have been reluctant to get involved.
“The federal government can actually do something because the Orang Asli welfare comes under the federal government,” she said. “The six million dollar question that we lawyers keep asking is why? Why is it not being taken seriously by the government, the federal or the state government?”
On January 17, 2017, Kasim won a high court judgement against logging company Jejarang Wagasan, which had taken the Temiar to court for blockading their logging operations.
“We established that the Orang Asli are actually in possession [of the land], not the loggers,” said Kasim, adding, “the court agreed with us.”
However, local resident Yussuman Bin Andor alleges the Forestry Department defied the judgement and ordered guards to break down three blockades, arresting 16 indigenous Temiar people in the process.
“On that day they just ambushed and destroyed everything,” Bin Andor said.
Mongabay made several requests for comment from officials at Kelantan and Gua Musang Forest Departments, but those requests were denied or went unanswered.
“They [the logging company] actually now have appealed…so we are just waiting for the date for them to appeal. So it’s still ongoing,” Kasim said.
Kasim added that she regularly receives threats for her outspoken work, but that she intends to continue: “They don’t like that I’m an outspoken woman. I receive a lot of threats, even death threats,” she said.
Arrested, again
Sabrina Syed and her colleagues from PEKA departed a day early in one vehicle to make the long journey out of the forest. But they did not make it out.
“We have to get out now!” Siti Kasim shouted as we were woken in the community longhouse at 1 a.m. Syed had been arrested along with two colleagues and their driver, and their vehicle impounded. With no telephone signal, a Temiar scout had made the arduous journey through the night on his motorbike to alert us that the same temporary Forestry Department checkpoint that had caught them was still in place.
Attempting a longer route that would have bypassed the checkpoint, our way out was halted by a landslide. Instead we waited in the forest until Temiar scouts could check the situation. We finally got word in the small hours of the night that the checkpoint had been left unmanned and at 6.30 a.m. we finally emerged from the forest.
Syed and her companions were arrested at the roadblock, then escorted in a vehicle convoy to the town of Gua Musang. On the advice of her lawyer, Syed insisted on going to the police station rather than the Forest Department office. After a night in the police station, Syed and her companions were able to leave on bail terms. Mongabay spoke to her immediately after her release.
“You are trespassing on a Forest Reserve so you have to come with us,” Syed said, relaying what the Forestry Department guard had told her at the moment of their arrest. She said they were escorted out of the forest by three vehicles.
“Our lawyer recommended we go to the police station instead of the Forestry Department,” she said, and once there they filed a police report. She said that when they had finished, they attempted to leave the police station but were blocked by Forestry Department guards.
“They started getting rowdy. They pushed our hands behind our backs,” she said, adding that they retreated back into the police station.
“This Forestry Department is furious at us for opening this can of worms, the corruption and so on,” Syed said.
The Forestry Department did not respond to attempts made by Mongabay to confirm the events.
“We are all on verbal bail and have to return here April 14,” said Karin Lee of PEKA.
On April 23, Malaysia’s High Court ruled that 9,300 hectares of Gua Musang forest legally belongs to the Orang Asli – including 1,000 hectares the Forest Department had slated for clearing.
However, Lee said that the Forest Department is still threatening to destroy any new blockades.
“They [the Forestry Department] also ‘advise’ the community to not further set up any [more] blockades,” Lee said, adding that the department provided a warning that “if they continue with [a] blockade, the [Forestry Department] will NOT hesitate to demolish it under the forestry act.”
Syed, who was also arrested in December 2016 for making comments about deforestation, which the Sultan of Johor Baru regarded as insulting, vows to continue.
“They expect me to stop doing all this or what?”
GUA MUSANG, Malaysia – In their fight for the rights of peninsular Malaysia’s native people, the Orang Asli, an alliance of women are making waves in the country’s highly conservative society as they support the efforts of communities and activists trying to stop logging of the region’s forests. The women represent a variety of fields and organizations and are speaking out and even risking arrest in their struggle for the forests and the communities that depend on them.
Mongabay joined them on a convoy deep into the rainforests of northern Malaysia’s Kelantan State to supply provisions to anti-logging campaigns, traveling by night to evade detection by State Forestry Department police. Here, the Temiar indigenous peoples are resisting deforestation by setting up road blockade camps in local forest reserves. By March 2017, three blockade camps had reportedly been torn down by forestry police, but the Temiar vowed to set up more.
The terrain was mountainous and the dirt logging trail had been regularly pounded by the heavy monsoon rains, making progress treacherous. The convoy passed Orang Asli villages along the road, punctuated with log piles and bulldozers at the trackside.
“If we see any of the big guys [elephants], turn off your engine and lights and wait for them to pass,” Karin Lee of PEKA (Preservation of Natural Heritage Organization) announced over the radio to the convoy.
“We brought cooking oil, rice, milk for the children, all the dry stuff for their basic everyday use,” said Sabrina Syed (full name: Puan Sri Shariffa Sabrina Syed Akil), president of PEKA. The convey of three four-wheel-drive vehicles loaded with food supplies, arrived at the isolated community of Kampong Tambaga in Pos Gob district in Kelantan State at 4 a.m., after an arduous ten-hour journey.
“We have no choice but to come in at night,” Syed said. “Of course if they see us, they have the right to arrest us,” A successful entrepreneur with an eco-resort and restaurant, Syed established PEKA in 2010.
No permit, no entrance into the forest
In November 2016, the State Forestry Department stopped issuing permits to enter the forest reserve areas where the Orang Asli live, reportedly in response to the blockades. However, the forest is still subject to licenses that authorize private companies to log the forest.
“It’s not that we don’t want to ask for a permit, but they have frozen the permit at the moment because they do not want us giving any support to the Orang Asli,” Syed said.
“The sentence is three years and 15,000 Malaysian Ringit just for entering a jungle,” said Ong during an interview in March 2017. He thinks he will find out next month whether he will be charged. Despite this, he still decided to join the supply convoy into the forest reserve without a permit.
Section 47(1) of Malaysia’s National Forestry Enactment (NFE) prohibits entering a forest reserve without a valid permit.
“You can apply for a permit [at] the Gua Musang Forestry office,” Encik Razali Bin Abdu Raman from the Kelantan State Forestry Department said during a March 23 interview. He was unclear, however, on whether the freeze on permits was still in place. The Gua Musang Forestry Department office confirmed that a permit was required to enter the forest reserve, but refused to clarify whether it would issue one to enter the area where the blockades had taken place. Although the Orang Asli – which translates to “original people” and refers collectively to the indigenous groups of West Malaysia – have been living a subsistence livelihood for millennia, community members say their high level of dependence on food gathered from the forest has made them vulnerable to the impacts of logging.
“The logging companies keep on coming to the area. We want to stop that. This land has belonged to us for hundreds of years, since our ancestors,” said Yussuman Bin Andor, a Temiar man from the village of Kampong Pos Gob.
“We plan to do the blockades again to protect the waterfalls, the river, the medicinal plants,” Bin Andor said. “The fish in the river are all finished, we don’t have fish anymore. So we have to stop the logging however we can.” He explained that the river has silted up due to soil erosion from nearby logging. He said the variety and amount of plants gathered for use in cooking and healing has also declined, leading to concern about the impacts of logging on their region.
The main reason for bringing in the food supplies, Syed explained, is to sustain the communities while they are spending time on their logging blockades.
“They have to spend a lot of time on the blockade so they don’t have time to look for food,” she said.
‘We will be mounting another blockade’
The headman of Tambaga convened a meeting the morning after our arrival on March 12 to welcome the guests and thank them for the food supplies. Then, more than forty men assembled from the surrounding Temiar communities to discuss their next steps together with their lawyer Siti Kasim and PEKA’s Sabrina Syed.
“We will be mounting another blockade in the coming weeks,” announced Temiar activist Mustafa Along after the discussions, which included a debate on whether or not forming human chains would make future blockades more effective.
They agreed that they would keep the blockades peaceful despite what they described as heavy-handed tactics from the Forestry Department. Singaporean English language Asian cable television news agency Channel NewsAsia (CNA) reported the Forestry Department used chainsaws to cut down their manned barricades in January, allegedly leaving one man seriously injured.
“Blowpipes are not for fun, not for display, they are used for a certain reason. If we use blowpipes it is to kill,” said the elected headman elder known as the “Panghulu.” He reminded those assembled that the presence of poison dart blowpipes at the blockades was unacceptable as tribal protocol stipulates they are reserved only for killing. The Orang Asli live in permanent forest reserves administered and policed by the State Forestry Department. According to CNA’s investigation, 90 percent of reserves are licensed out to logging companies.
Syed says that the Forestry Department profits handsomely from the logging business.
“When they give out the licenses they get money immediately,” she said.
Experts say that logging, though not a new part of the economy in Kelantan, has taken a new turn in recent years. “Selective logging [of big trees] is being replaced by clear-cutting for plantations,” said Shamila Ariffin, research officer with Friends of the Earth Malaysia.
According to Forestry Department numbers, Kelantan had 867,866 hectares of forest in 2008 and is the state with the third-largest forested area in peninsular Malaysia. However clearance for conversion to timber plantations has skyrocketed from 14,819 hectares in 2008 to 166,291 hectares in 2014, for a total of 151,472 hectares converted over this period, and still continuing.
Tree cover loss — which signifies both deforestation and tree plantation harvesting/clearing activity – has increased in Kelantan in recent years. Satellite data from the University of Maryland show nearly a third of the state experienced tree cover loss from 2001 through 2015, with 2014 showing the highest loss numbers over that period. Intact forest landscapes – areas of original land cover large and undisturbed enough to retain their native biodiversity levels – are relegated to Kelantan’s southern and western peripheries.
Areas targeted by logging companies include remaining intact forest landscapes (IFLs), with satellite imagery from Planet Labs captured April 2017 showing a large network of logging roads infiltrating a now-degraded IFL. Activist and indigenous groups are setting up blockades in the region to stymie further logging activities.
“What the authorities are doing now is they are clear-cutting the forest to plant rubber trees and it affects the water catchment area,” Syed said, explaining how heavy erosion after logging has caused siltation in rivers. “Once the water catchment is affected, the rivers are affected, and the fish in the rivers, so everything is affected like a domino effect.”
Those working with the Orang Asli say there is little official recognition of their rights. In a report, the NGO Friends of the Earth Malaysia states “in Peninsular Malaysia forestry resources are stipulated to be the absolute property of the state, while Orang Asli communities are burdened with numerous legal restrictions and impediments in their efforts to manage their ancestral forests.”
Taking the conflict to the courts
Siti Zabedah Kasim is a lawyer with the Malaysian Bar Council. She has dedicated herself to legally representing the rights of the Orang Asli for several years and is a frequent visitor to their communities.
“I‘ve decided to choose the Orang Asli area because I feel they are still under-represented and they need empowerment, they need more help,” Kasim said in an interview. She added that it is a painstaking task because “the court case will take so long,” by which time the loggers may have concluded operations and moved on.
According to Kasim, Orang Asli claims of land rights and ownership to their communal forest are routinely ignored by the State Forest Department.
“The Forest Department seem to think that the Orang Asli here are only ‘tenants at will,’ meaning they are not the occupier or the land-owners,” she said. “They keep saying that these people are merely squatters, have no rights basically. So because of that, the Forestry Department seem to think they can do whatever they like by taking the land or log around their ancestral land, without thinking how it will affect the community.”
The Malaysian governance structure provides state governments with the highest level of control over decisions relating to land use.
“It’s a problem when even the Human Rights Commission set up by the government…came up with a report with 16 recommendations [that] are still not done,” Kasim said, adding that the federal government does have a responsibility for the rights of the Orang Asli but have been reluctant to get involved.
“The federal government can actually do something because the Orang Asli welfare comes under the federal government,” she said. “The six million dollar question that we lawyers keep asking is why? Why is it not being taken seriously by the government, the federal or the state government?”
On January 17, 2017, Kasim won a high court judgement against logging company Jejarang Wagasan, which had taken the Temiar to court for blockading their logging operations.
“We established that the Orang Asli are actually in possession [of the land], not the loggers,” said Kasim, adding, “the court agreed with us.”
However, local resident Yussuman Bin Andor alleges the Forestry Department defied the judgement and ordered guards to break down three blockades, arresting 16 indigenous Temiar people in the process.
“On that day they just ambushed and destroyed everything,” Bin Andor said.
Mongabay made several requests for comment from officials at Kelantan and Gua Musang Forest Departments, but those requests were denied or went unanswered.
“They [the logging company] actually now have appealed…so we are just waiting for the date for them to appeal. So it’s still ongoing,” Kasim said.
Kasim added that she regularly receives threats for her outspoken work, but that she intends to continue: “They don’t like that I’m an outspoken woman. I receive a lot of threats, even death threats,” she said.
Arrested, again
Sabrina Syed and her colleagues from PEKA departed a day early in one vehicle to make the long journey out of the forest. But they did not make it out.
“We have to get out now!” Siti Kasim shouted as we were woken in the community longhouse at 1 a.m. Syed had been arrested along with two colleagues and their driver, and their vehicle impounded. With no telephone signal, a Temiar scout had made the arduous journey through the night on his motorbike to alert us that the same temporary Forestry Department checkpoint that had caught them was still in place.
Attempting a longer route that would have bypassed the checkpoint, our way out was halted by a landslide. Instead we waited in the forest until Temiar scouts could check the situation. We finally got word in the small hours of the night that the checkpoint had been left unmanned and at 6.30 a.m. we finally emerged from the forest.
Syed and her companions were arrested at the roadblock, then escorted in a vehicle convoy to the town of Gua Musang. On the advice of her lawyer, Syed insisted on going to the police station rather than the Forest Department office. After a night in the police station, Syed and her companions were able to leave on bail terms. Mongabay spoke to her immediately after her release.
“You are trespassing on a Forest Reserve so you have to come with us,” Syed said, relaying what the Forestry Department guard had told her at the moment of their arrest. She said they were escorted out of the forest by three vehicles.
“Our lawyer recommended we go to the police station instead of the Forestry Department,” she said, and once there they filed a police report. She said that when they had finished, they attempted to leave the police station but were blocked by Forestry Department guards.
“They started getting rowdy. They pushed our hands behind our backs,” she said, adding that they retreated back into the police station.
“This Forestry Department is furious at us for opening this can of worms, the corruption and so on,” Syed said.
The Forestry Department did not respond to attempts made by Mongabay to confirm the events.
“We are all on verbal bail and have to return here April 14,” said Karin Lee of PEKA.
On April 23, Malaysia’s High Court ruled that 9,300 hectares of Gua Musang forest legally belongs to the Orang Asli – including 1,000 hectares the Forest Department had slated for clearing.
However, Lee said that the Forest Department is still threatening to destroy any new blockades.
“They [the Forestry Department] also ‘advise’ the community to not further set up any [more] blockades,” Lee said, adding that the department provided a warning that “if they continue with [a] blockade, the [Forestry Department] will NOT hesitate to demolish it under the forestry act.”
Syed, who was also arrested in December 2016 for making comments about deforestation, which the Sultan of Johor Baru regarded as insulting, vows to continue.
Early morning mist hangs over the forest in Pos Gob district in Kelantan state, West Malaysia.
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Indigenous Temiar children lean against a tree at the centre of their village of Kampong Tambaga, Pos Gob district in Kelantan state, West Malaysia.
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Early morning mist hangs over the forest in the Pos Gob district of Kelantan state, West Malaysia.
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Indigenous Temiar men take shelter from the rain in a dilapidated building in Pos Gob district in Kelantan state, West Malaysia.
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An indigenous Temiar man stands in front of rainforest that has been selectively logged in Pos Gob district in Kelantan state, West Malaysia.
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Temiar indigenous activists in Pos Gob district in Kelantan state, West Malaysia.
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An indigenous Temiar woman with flowers in her hair from Kampong Tambaga, Pos Gob district in Kelantan state, West Malaysia.
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Headman of Kampong Tambaga, Pos Gob district in Kelantan state, West Malaysia.
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Women pounding the husks off rice, Kampong Tambaga village, Pos Gob district, Kelantan state, West Malaysia.
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Sabrina Syed, President of charity PEKA, shortly before her arrest by Forestry Department guards from Gua Musang in Kelantan State, West Malaysia. Pos Gob district.
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An indigenous Temiar man leans against a tree at the centre of his village of Kampong Tambaga, Pos Gob district in Kelantan state, West Malaysia.
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A logging truck at the side of the road in Kelantan state, Malaysia.
Sabrina Syed, President of charity PEKA, shortly before her arrest by Forestry Department guards from Gua Musang in Kelantan State, West Malaysia. Pos Gob district.
Artificial islands are smothering coastal fisheriesHauling in a trap full of grouper fish, but days are numberedTower blocks march forward onto islands made of sand
Driven by high demand for housing, developers in Malaysia’s Penang Island are artificially expanding the coastline and planning to construct new islands.
Local fishers say building works have already damaged their livelihoods, and fear further construction will destroy their fishing grounds.
Mangroves and endangered bird species are also threatened, and the mining and transport of construction materials could spread adverse environmental impacts beyond just Penang.
PENANG, Malaysia — Fisherman Liew Hock Choon, 50, cut the outboard engine and explained that we have arrived at the position of one of his fish traps. “No GPS,” he said.
Using a method called triangulation, his keen eyes pinpointed natural markers on the shoreline and used these bearings to locate his traps with incredible accuracy. With an anchor thrown down, he snagged his trap and hauled it up. The deck was soon awash with flapping fish. These are grouper — prized in the restaurants of Penang and beyond, they fetch a premium price and can only be caught with hooks or traps, Liew explained. He said customers travel from as far as Hong Kong to buy these prized delicacies.
“Look at this mud in the traps,” Liew complained as just two of his four traps contained a catch worth keeping. Still, it was a good day under the circumstances. One phone call later and the 11 kilograms (24 pounds) of grouper were snapped up by a restaurant owner eager to purchase them for over 500 ringgit ($113). They were still alive when Liew delivered and weighed them while hungry customers looked on.
“I know this area very well because in my school days I followed one of the fishermen,” said Liew, from Tanjung Bungah a village North of Penang Island’s capital Georgetown. Now the days of his fishing grounds are numbered because of a land reclamation project by a local property developer.
“This area is very rich with mud crab, shrimp, snapper, and grouper, but soon it will all be gone,” said Liew.
An island in transition
The island of Penang, which lies off the west coast of peninsular Malaysia, is famed for the British colonial era architecture that won its capital, Georgetown, an inscription on the UNESCO World Heritage list. These days, though, soaring land prices mean most of the development is high-rise. Housing 2,372 people per square mile as of 2010, the island is the most densely populated place in Malaysia. With demand for real-estate high and land scarce, developers have ambitious plans to build out into the ocean by reclaiming coastal land and building islands made of sand — a drive supported by the Penang State government.
Reclamation projects have already been completed next to the second Penang bridge, which stretches 24 kilometers (15 miles) to the mainland from the island’s Southeast coast. Another reclamation scheme, known as the Seri Tanjung Pinang Project has also launched. Stage one, referred to as STP1, was completed in 2006: the 97-hectare (240-acre) extension to the shoreline northwest of Georgetown is filled with luxury housing and an upscale mall. The project’s second phase (STP2), which involves the construction of a new island as well as additional coastal reclamation, is currently underway. When STP2 is complete, it will bring the project’s total amount of reclaimed land up to 404 hectares (1,000 acres) of condominiums, shopping malls and leisure facilities. The project will also reclaim a 131-acre coastal strip for a government park.
Plans are also afoot for an even bigger reclamation project on the South of the island at Permatang Damar Laut.
All of these plans have been contested by environmentalists concerned about the impacts on dwindling mangroves, fisheries and birdlife – not only at the construction sites themselves, but also at the mine sites supplying vast amounts of rock and sand.
As Liew and I motored back to shore, we were escorted by a security launch. Guards on board shouted a warning for us to leave the construction area. On our port side, a rock bund wall was being filled in with sand by diggers, indicating the edge of the new reclamation island. On our starboard, out to sea, tug-boats, pontoons, dredge-ships and sand transport barges filled the sea with heavy construction traffic.
“That is Rat Island” said Liew, pointing to an outcrop of boulders and mangroves that houses a cemetery. A pair of white-bellied sea eagles (Haliaeetus leucogaster) took off from the rocks as we approached, one carrying a fish in its talons. According to the Environmental Impact Assessment (EIA) for the second phase of Seri Tanjung Pinang, these eagles are one of ten bird species that are “Totally protected” under Malaysia’s 2010 Protection of Wildlife Act, among a total of 73 bird species found to be inhabiting the project area.
“Those are the only mangroves left,” said Liew pointing to a few isolated trees. Because they provide essential habitat as fish spawning grounds, Liew is especially concerned about their loss, explaining that mangroves used to line the coast all the way to Georgetown six kilometers away. These will disappear with the planned coastal expansion under STP2.
The Seri Tanjung Pinang project
“We have another 760 acres to go,” said Jonathan Yeoh, manager of group corporate strategy with Eastern and Oriental, the development company whose colonial-era flagship hotel graces the waterfront of Georgetown. It will retain its waterfront view, said Yeoh, but many other buildings will overlook the new island, known as STP2, to be connected by two bridges. E&O subsidiary Tanjung Pinang Development is coordinating construction of the project.
Mageswari Sangaralingam, a research officer for Friends of the Earth Malaysia in Penang questioned whether this style of development is appropriate for Penang: “There is almost like a glut of residential condos with many lying empty. What we need is low cost: medium-low cost housing projects which are affordable for the people. But then they are building these luxury condominiums which are not affordable. Most are vacant because they are owned by foreigners.”
Yeoh said his company could not comment on the master plan, which remains confidential. However, he was keen to stress that the island developers will set aside “30 percent” to cater for low-cost local housing.
A Chinese contractor, China Communications Construction Company Ltd is undertaking the works, via its wholly owned Malaysian subsidiary. The company, which claims to be the “world’s largest dredging company,” has considerable experience. As well as working on the 24-kilometer long Penang bridge, it was also involved in construction projects at the Hong Kong and Macao airports. A representative told Mongabay that while it was overseeing the works, it also employed local workers.
The reclamation works entail removing existing mud from the seabed. This dredge waste is dumped at a designated site about 40 kilometers to the North of Penang Island. Two million tons of rock plus steel piles will create the outline perimeter of the island. This is being filled with 33.1 million cubic meters of sand to eventually create the island and raise the level high enough above the water level to weather high tides and storms. The EIA says that shipping this quantity of sand will be done by 10,000 cubic meter barges requiring 3,820 trips over five years, each one of 171 kilometers.
The sand is being shipped from the Malaysian state of Perak, where it is being dredged from the seabed about 40 kilometers offshore. The Perak state government expressed alarm at the plans on March 12, citing potential environmental implications for its pristine islands such as Pangkor and the Sembilan cluster of nine islands. Perak First Minister Zambry Abd Kadir told the New Straits Times the state government “was in the dark over the matter.” Although the central government makes decisions concerning matters in coastal waters over three miles offshore, the minister complained that the State government should have been informed.
Questions remain about whether the authorization to mine sand in the area has been renewed. “The EIA was approved in 17 Sept., 2007. We got a response from the Department of Environment Perak. They said approval has lapsed and that if they want to carry out the mining activity they will have to submit a new EIA. We will write to the Government again to see if it was submitted or not,” said Friends of the Earth’s Sangaralingam.
Further expansion plans
Another development on the drawing board is the Penang Southern Reclamation (PSR) project, which is being developed by the Penang State government as a way to raise funds for an ambitious transport infrastructure program. The project would see three reclaimed islands, covering a total of 1,659 hectares, being constructed off the coast at Permatang Damar Laut.
This project, set to begin in 2018, has yet to receive final approval. Natural Resources and Environment Minister Wan Junaidi Tuanku Jaafar on Dec. 28, 2016 requested that all reclamation projects in Penang be put on hold. He cited concerns about the extent of the projects. He also said that it would be preferable to follow new national environmental survey methods for Environmental Impact Assessments, currently being finalized.
With reclamation projects to north, east and proposed in the south, expert assessments indicate that the entire physical structure of the island could be affected, explained Sangaralingam. “The whole geomorphology of the island will change. The flow of the currents will also change. There will be impacts to fisheries,” she said.
Resistance from fishing communities
Fisherman Mohd-Ishak Bin Abdul Rahman was among a thousand fishers who took to the sea on January 13 to protest the effects of land reclamation projects on their livelihoods. “We are not asking for compensation,” said Mohd-Ishak who is Chairman of the Northern Fishing Community Group of Tanjung Tokong where the flotilla of around 450 fishing boats displaying protest banners set sail. “We are asking the company [Eastern and Oriental company] to pay 200,000 ringgit for new fishing equipment to enable us to continue fishing,” he said.
The decline in fish stocks has hit fishers’ incomes, and all complained they now catch fewer fish than before the reclamation began. Mohd-Ishak says that where they can no longer fill demand, buyers are looking to Thai fishers eager to oblige.
“The last six months our catch really dropped very much,” said Mohd-Ishak “Before, let’s say last year, we could catch around 100-200 ringgit. Now we go out and we are lucky to catch 40-50 ringgit.”
Inshore fishers from the community say that their fishing grounds were a short distance away until the project started. Now they have to motor much further out to sea, crossing a treacherously busy shipping lane in the process.
Unprotected by the shore, the fishers encounter higher waves that can only be navigated with bigger boats and more powerful engines, Mohd-Ishak explained. Deeper waters require deeper, heavier nets — all of which require considerable investments for which bank loans are not easily available. “Now we must go further out and use a big engine and a big winch. We need a winch to pull the nets. We cannot pull by hand. We are asking for these things but up to now they never give any answer,” said Mohd-Ishak.
Last year, Malaysia’s Fisheries Development Authority (LKIM) gave each licensed fisher 15,000 ringgit. “It was not compensation, we call it consolation,” said Mohd-Ishak echoing widespread discontent over the payment amount.
“There was no agreement, no nothing attached to the 15,000. Now we fight. We say we never asked for 15,000. We don’t know who accepted this figure.” he said.
When Mongabay questioned E&O’s Yeoh about the fishers’ grievance he said, “I think we have to be very up front and very frank that there will be a loss of marine life.”
“The Ex-gratia payment is determined by the LKIM, which is the fishery department and also the fishery commission as well, so we work very closely with them, and also seek their direction in terms of this ex-gratia payment,” Yeoh explained. Fishers need to bring their grievances to the LKIM who set the payments, he said. “We pay whatever they identify.”
Asked if E&O would be ready to pay more to resolve the situation Yeoh said: “We would have to go back to the drawing board and discuss what is reasonable.”
“The fishers are not happy with the consultation,” Mohd-Ishak said, arguing that fishers have been ignored and agreements made at the original consultation have not been honored: “It was agreed that there would be a discussion and agreement between the fishers, the developers and the government, but the developer and the state did not discuss with us about how to deal with these things, but came up with this sum of 15,000 ringgit given to us.”
Mohd-Ishak says he has, “Written letters to all the agencies at the state and federal levels but there is no answer. No nothing. I also wrote to the LKIM, the federal body.” Mongabay contacted the LKIM about Mohd-Ishak’s complaint but did not receive a response.
The coastline has already been transformed beyond all recognition from the first reclamation project. Now, the beach where the fishing community of Tanjung Tokong lives and keeps its boats is the last natural stretch of beach remaining in the area. Mohd-Ishak lives in a basic compound in a rudimentary brick bungalow that he built himself behind the beach, which is now surrounded by luxury high-rise condominiums towering over the beach community.
One of the main complaints fishers have is that the building works have led to a decline in fish stocks, which they mainly attribute to increased turbidity due to the reclamation dredging.
Kamaruddin, 70, is fixing his net. He points to a large net cage explaining, “Until five years ago I put that in the sea to keep my live crabs in, but then they started dying from the silt if I left them inside overnight.” He showed Mongabay two concrete tanks he now uses instead.
“Hopefully Penang will become the new Singapore,” said taxi driver Loh Hock Seng, who is excited about all the development taking place. As fisher Mohd-Ishak points out, Singapore no longer has a domestic inshore fishing fleet, relying instead on aquaculture and imports from neighbors such as Malaysia.
Penang fisherman Mr Liew Hock Choon, 50, is from Tanjung Bungah a village North of Penang Island’s capital Georgetown. Here he prepares his fishing boat to go a collect his fish traps in the reclamation area. Land reclamation for infrastructure projects and property is becoming more widespread in Asia. On...
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Reclamation building works underway as part of a new island being constructed by the seri Tanjung Pinang company with Chinese expertise. Here a workman inspects the sand reclamation at the edge of the new island.
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Reclamation building works underway as part of a new island being constructed by the Seri Tanjung Pinang company, a subsidiary of Oriental and Eastern company. Land reclamation for infrastructure projects and property is becoming more widespread in Asia. On Penang island schemes are increasing, especially to build high class housing....
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Penang fisherman Mr Liew Hock Choon, 50, is from Tanjung Bungah a village North of Penang Island’s capital Georgetown. Here he delivers his catch of 11 kilos of prized grouper fish to a local restaurant keen to buy them.
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Mr Kamaruddin, 70, is fixing his net on the beach next to his home at Tanjung Tokong, Penang Island. Land reclamation for infrastructure projects and property is becoming more widespread in Asia.
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A cat sits in fisherman Mr Kamaruddin's net on Tanjung Tokong beach, north of Penang capital Georgetown. The beach sits amidst large-scale land reclamation projects.
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Mr Kamaruddin, 70, is fixing his net on the beach next to his home at Tanjung Tokong, Penang Island.
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A horseshoe crab in a tank at Tanjung Tokong, Penang, Malaysia. Until five years ago Mr Kamaruddin used to keep crabs in a net in the sea but then they started to die from the muddy sediment in the water stirred up by reclamation construction work.
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Fisherman Mr Mohd-Ishak (left) is Chairman of the Northern Fishing Community Group of Tanjung Tokong on Penang Island. On Penang island schemes are increasing, especially to build high class housing. The projects require large volumes of building materials, especially sand, and have an impact on the environment especially marine biodiversity....
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Two girls playing on Tanjung Tokong beach on Penang Island Malaysia, with fishing boats behind. The beach is surrounded by a large land reclamation scheme which is affecting the fishery and fishermen are complaining that catches are down.
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People walk past a row of rickshaws in Georgetown, capital of Penang Island in Malaysia. Parts of the old colonial Chinatown have been awarded UNESCO world heritage status.
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A shopkeeper stands amidst piles of old ephemera in a junkshop in old Georgetown, capital of Penang Island in Malaysia. Parts of the old colonial Chinatown have been awarded UNESCO world heritage status.
A shopkeeper stands amidst piles of old ephemera in a junkshop in old Georgetown, capital of Penang Island in Malaysia. Parts of the old colonial Chinatown have been awarded UNESCO world heritage status.
Old Georgetown, capital of Penang Island in Malaysia. Parts of the old colonial Chinatown have been awarded UNESCO world heritage status.
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