Indigenous land rights at stake as Penan communities plan court appeal

Eleven Penan residents representing communities in Ulu Baram are weighing an appeal to the Malaysian Court of Appeal after the Miri High Court dismissed their challenge to logging licences issued by the Sarawak Forest director and approved by the natural resources and urban development minister.

Keruan Organisation director Komeok Joe said the appeal is aimed at protecting the Penan community’s native customary land rights, safeguarding their forests, rivers and sources of livelihood, and ensuring that future generations are able to continue living sustainably on their ancestral lands.

“The legal action taken by representatives of the Penan community is not intended to obstruct development. Rather, it is an effort to defend ancestral lands from destruction that has direct impacts on forests, rivers, sources of livelihood, and the food security of local communities,” he explained.

This position was echoed by Ipa Ulai, a resident of Ulu Baram and one of the applicants in the judicial review. “For generations, we Penan have depended entirely on these forest areas for our survival.

“The approved logging activities have resulted in environmental degradation, river pollution and the loss of traditional hunting and farming areas, all of which directly affect our lives,” he said.

Responding to allegations that the Penan community is being influenced or manipulated by external parties or NGOs, Komeok said the struggle is rooted in the community’s own awareness and lived experiences.

“Linking these claims to an external agenda is an attempt to divert attention from the real issue – the failure to recognise and protect the native customary land rights of Indigenous peoples.

“This appeal is initiated entirely by the Penan community themselves, based on their own experiences and their need to defend their customary land rights and ensure that future generations can continue to live on their ancestral lands,” he added.

Komeok further emphasised that claims suggesting unanimous support for logging among local communities cannot be generalised. The presence of a small number of individuals

holding banners does not represent the collective voice of the Penan community in Ulu Baram, who continue to defend their ancestral territories from ongoing exploitation.

Meanwhile, Save Rivers managing director Celine Lim said that development in Ulu Baram does not have to rely on the issuance of logging licences to private companies, particularly when the government already has agencies and structured development plans in place.

She noted that more sustainable and equitable development alternatives exist for local communities without sacrificing forests or the Penan people’s sources of livelihood. Ulu Baram can be developed without issuing logging licences to any private-sector company.

“Development agencies such as the Highland Development Agency (HDA) were established by the Sarawak government, and the government has also announced that it will take over the repair and upgrading of logging roads, with commitments budgets.

“Therefore, Upper Baram communities do not need to depend on logging companies to build or repair roads,” she said. – Save Rivers