Just prior to the visit, Suhakam received a request from the Sarawak Forest Department (FDS) to postpone its investigation. – Photo courtesy of Zora Chan/WWF-Malaysia
MIRI (Oct 1): The Human Rights Commission of Malaysia (Suhakam) was prevented from conducting an official visit to the Penan village of Ba Data Bila last week, raising serious concerns over transparency and the ability of indigenous communities to seek redress for alleged land rights violations.
The scheduled visit on Sept 26 was a follow-up to a formal complaint from a Ba Data Bila resident detailing urgent concerns about logging encroachment, threats of violence, environmental damage, and a lack of consultation by timber companies operating in the upper Baram region.
However, just prior to the visit, Suhakam received a request from the Sarawak Forest Department (FDS) to postpone its investigation.
The FDS cited an ongoing judicial review concerning the timber licence for the area as the reason for the delay.
Suhakam is an independent statutory body established by the Malaysian Parliament, vested with the authority to investigate human rights infringements under the Human Rights Commission of Malaysia Act 1999.
Legal counsel Roland Engan, who represents the affected Penan communities, strongly criticised the intervention.
“Suhakam shouldn’t be restricted by the Forest Department of Sarawak from carrying out their investigation,” said Engan.
“FDS, as a government agency, must cooperate with Suhakam’s mandate. They should be allowed to investigate the complaint without unwarranted interference,” he added.
The controversy centres on a timber licence granted to Borneoland Timber Resources Sdn Bhd, which is already the subject of a legal challenge filed in January this year.
The community alleges that Sarawak authorities violated their rights by issuing the licence without public tender or community consultations.
Komeok Joe, director of the non-governmental organisation Keruan, meanwhile stated that such interference raises serious questions about state agencies’ respect for Suhakam’s constitutional mandate and communities’ ability to seek justice through official channels.
A joint press statement from the community and supporting civil society organisations, including SAVE Rivers, noted that despite repeated requests for transparency, no substantial information about the licensing process has been disclosed by the FDS.
The community and its supporters are now seeking immediate clarification from both Suhakam and the Forest Department.
They assert that blocking the official visit may constitute an obstruction in addressing urgent indigenous rights and environmental concerns.
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