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EU urged to designate Sarawak as ‘high risk‘ under anti-deforestation law

A coalition of environmental and Indigenous groups has called on the EU to designate Sarawak as high risk under its anti-deforestation law. Sarawak’s extensive deforestation and Indigenous rights violations pose serious risks, prompting calls for stricter EU import checks on timber and palm oil products from the region.

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Logging companies often illegally cut roads into forests on indigenous land (© Rettet den Regenwald / Mathias Rittgerott)

A coalition of environmental, human rights, and Indigenous organizations is urging the European Union (EU) to classify Malaysia’s Sarawak state as “high risk” under its new anti-deforestation regulation. Sarawak, home to millions of hectares of ancient rainforests, faces severe deforestation risks and violations of Indigenous peoples’ rights, according to a joint assessment by groups including Human Rights Watch, RimbaWatch, and SAVE Rivers.

The call to action comes ahead of the EU’s pending decision to categorize regions based on their deforestation risks under the new law.

The EU Deforestation-Free Products Regulation (EUDR), set to be enforced from January 2025, aims to curb the import of commodities like timber and palm oil linked to deforestation and human rights violations.

Sarawak’s history of deforestation, especially for timber and oil palm plantations, makes it a significant concern. A high-risk designation under the EUDR would lead to stricter import checks and increased due diligence requirements for EU companies dealing with products from Sarawak.

Land Rights Violations and Deforestation Concerns

The coalition’s analysis highlights Sarawak’s controversial land laws, which undermine Indigenous land rights while promoting commercial exploitation of the state’s forests.

According to Luciana Téllez Chávez, senior environment and human rights researcher at Human Rights Watch, Sarawak’s land code places “insurmountable obstacles” on Indigenous communities’ ability to gain legal recognition for their ancestral lands.

These laws allow companies to operate with impunity, often disregarding Indigenous land claims. The coalition argues that Sarawak’s record justifies a “high risk” classification, which would necessitate increased oversight of timber and palm oil imports into the EU.

Sarawak’s ambitious plans to expand industrial timber plantations, aiming to establish one million hectares by 2025, are another point of concern.

Achieving this goal would require converting over 400,000 hectares of naturally regenerating forests between 2022 and 2025. This trend poses a significant threat to biodiversity and the rights of Indigenous peoples.

Deficiencies in Certification and Transparency

Despite Sarawak’s reliance on the Malaysian Timber Certification Scheme (MTCS), civil society organizations have flagged significant flaws in the program.

Local activists argue that MTCS does not adequately protect Indigenous rights or prevent deforestation. Celine Lim, managing director of SAVE Rivers, emphasizes that logging continues on Indigenous lands without proper consultation or consent, further eroding trust in certification standards.

Additionally, Sarawak’s opaque land management practices hinder transparency. The state has not made available comprehensive data on Indigenous lands or disclosed the locations of leases granted to logging and palm oil companies.

This lack of transparency prevents Indigenous communities and civil society from holding companies and the government accountable.

EU’s Role in Enforcing Sustainable Practices

Under the EUDR, the European Commission will classify regions as “low, standard, or high risk” by the end of 2024.

A high-risk designation for Sarawak would mandate EU member states to triple their customs checks on imports of wood and palm oil products from the region.

EU-based companies would also need to conduct more rigorous checks to mitigate environmental and human rights violations linked to these products. This process would require close collaboration between the EU and Malaysian authorities to reduce risks and ensure compliance with the new regulation.

Sarawak’s timber and palm oil exports to the EU have been significant in recent years. According to a Sarawak government report, the state exported at least MYR 37.3 million (€7.8 million) worth of timber to EU countries like the Netherlands, France, and Greece in 2023.

The EU remains the third-largest market for Malaysian palm oil exports, underscoring the importance of Sarawak’s compliance with international sustainability standards.

Challenges in Malaysian Government Response

The Malaysian government has pushed back against the EUDR, criticizing its definitions and monitoring processes.

The government contends that industrial timber plantations, which involve replacing natural forests with single-species plantations, should not be classified as deforestation. Critics argue that this stance overlooks the environmental degradation and loss of biodiversity associated with such practices.

Adam Farhan, director of RimbaWatch, warns that Malaysia may be attempting to bypass EU restrictions by downplaying the scale of deforestation in timber plantations. Farhan stresses the need for stringent due diligence on Malaysian forest-risk commodities.

The federal government has mandated that palm oil plantations established after 31 December 2019, on deforested land, cannot receive sustainable certification under the Malaysian Sustainable Palm Oil (MSPO) standard.

However, enforcement remains uncertain, as states hold jurisdiction over land and forest administration. Civil society groups are urging the Malaysian government to strengthen its oversight mechanisms and improve its sustainability certification programs to meet EU requirements.

International and Local Advocacy for Reform

In May 2024, the coalition of civil society organizations submitted recommendations to Malaysia’s federal Plantation and Commodities Ministry, urging reforms to align with international human rights and environmental standards.

Key recommendations include incorporating the United Nations Declaration on the Rights of Indigenous Peoples into federal legislation and introducing laws to prevent strategic lawsuits against public participation (SLAPPs), which are often used to silence critics of deforestation practices. The government has not yet responded to these calls.

As the EU moves forward with its anti-deforestation law, the decision to designate Sarawak as high risk could have far-reaching implications for Malaysia’s timber and palm oil industries. Environmental groups argue that strong enforcement of the EUDR is necessary to prevent further forest loss and protect Indigenous communities’ rights in Sarawak.

 

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Civil Society

29 organisations demand criminal prosecution of law-breaking police in Malaysia

A coalition of 29 organisations is demanding that Malaysia end the perception of shielding law enforcement officers from prosecution when involved in serious violations like torture and killings. Highlighting cases such as the disappearances of Raymond Koh and Amri Che Mat, they call for accountability through criminal charges.

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4 hours ago

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3 October 2024

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Activist Amri Che Mat and Pastor Raymond Koh

A coalition of 29 organisations is calling for an end to what they describe as a “policy” or perception in Malaysia that shields police and law enforcement officers from criminal prosecution, even when they are involved in serious violations such as death, torture, or human rights abuses.

These groups argue that law enforcement officers who break the law should be subject to the same criminal prosecution and sentencing as ordinary citizens.

The coalition points to several high-profile cases where police officers allegedly committed serious crimes, yet no action was taken to prosecute those responsible.

They argue that merely subjecting officers to internal disciplinary actions does not fulfil the public’s demand for justice. Instead, such officers must be charged and tried in open courts, allowing for transparency in the administration of justice.

Enforced Disappearance of Raymond Koh and Amri Che Mat

One prominent case cited is the enforced disappearance of Pastor Raymond Koh and Amri Che Mat. In 2019, the Malaysian Human Rights Commission (SUHAKAM) concluded, following a public inquiry, that both men were likely victims of enforced disappearance carried out by police officers from the Special Branch.

The government formed a Special Task Force to investigate SUHAKAM’s findings, but when the report was completed, it was classified as an “Official Secret” and was not disclosed to the public.

Recently, during a civil trial initiated by the families of the victims, parts of the report were revealed.

These findings supported SUHAKAM’s conclusions, asserting that the officers involved were rogue individuals acting independently. However, despite this revelation, no criminal charges have been filed against the responsible officers.

The delay in prosecuting these officers, even after clear findings, further bolsters the perception that Malaysia protects its law enforcement officers from the full extent of the law.

Assault on Ong Ing Keong

In another case, Ong Ing Keong, a deaf and mute e-hailing driver, was allegedly assaulted on 28 May 2024 by a police officer escorting a VIP.

Despite video evidence supporting Ong’s claims, no charges have been brought against the officer involved. This case has raised further questions about the government’s willingness to hold law enforcement accountable.

Failures in Investigating Police-Related Deaths

The coalition also highlights multiple cases involving deaths caused by police officers, where no significant legal action has been taken.

A coroner’s court ruling on 31 May 2023 determined that the fatal shooting of three men by police officers was not justified as an act of self-defence. Despite this finding, the officers involved have not been charged.

Similarly, in a separate incident, the High Court ruled on 1 February 2024 that the death of a man in Sitiawan, Perak, at the hands of police was homicide, yet no charges have been filed.

The coalition argues that these incidents contribute to a widespread loss of public confidence in Malaysia’s criminal justice system, particularly when it comes to cases involving law enforcement officers.

They stress that the government must act decisively to ensure that justice is seen to be done, by investigating, charging, and prosecuting officers found responsible for these crimes.

Concerns About Torture and Deaths in Custody

There are growing concerns over allegations of torture and deaths in police custody, with many cases seemingly underreported due to victims’ fear or lack of faith in the system.

The groups worry that if the public continues to perceive that justice is inaccessible, it may lead to increased incidents of violence or retaliation against police officers.

The Need for Clearer Laws and Specific Offences

The coalition believes that existing Malaysian laws, such as the Federal Constitution and the Criminal Procedure Code, clearly outline the legal obligations of police officers.

However, they argue that there is a need for additional specific laws to address violations committed by law enforcement officers, particularly in cases involving torture, illegal searches, or denial of legal rights.

They propose enacting special criminal offences targeting police misconduct to ensure greater accountability.

They further highlight the challenge posed by the fact that police misconduct often occurs in the presence of fellow officers, who may be reluctant to report their colleagues. This creates a culture of impunity within the force, making it difficult for victims to seek justice.

Recommendations for Reform

The coalition’s demands include the immediate investigation, charging, and trial of the officers responsible for the enforced disappearance of Raymond Koh and Amri Che Mat, as well as the disclosure of their whereabouts.

They also call for the prosecution of officers involved in the disappearance of Joshua Hilmy and Ruth Sitepu, based on findings from SUHAKAM’s public inquiry.

Moreover, the group advocates for the prosecution of the officers involved in the assault of Ong Ing Keong and those found guilty of homicide in recent court decisions.

They also call for the implementation of new laws to address police misconduct and for the government to take active steps to discard the perception that law enforcement officers are immune from prosecution.

The coalition urges the Malaysian government to demonstrate its commitment to justice by ensuring that all law enforcement officers who break the law are charged and tried in open courts.

This transparency, they argue, is critical to restoring public faith in the country’s criminal justice system.

The list of the 29 organisations in the coalition

  1. ALIRAN
  2. MADPET (Malaysians Against Death Penalty and Torture)
  3. Teoh Beng Hock Association for Democratic Advancement
  4. Association of Home and Maquila Workers (ATRAHDOM), Guatemala
  5. Banglar Manabadhikar Suraksha Mancha (MASUM), India
  6. Center for Orang Asli Concerns (COAC)
  7. Greenpeace Malaysia
  8. Global Women’s Strike, UK
  9. Haiti Action Committee
  10. KLSCAH Civil Rights Committee (KLSCAH CRC)
  11. Legal Action for Women, UK
  12. Migrant Care, Indonesia
  13. National Garment Workers Federation, Bangladesh
  14. North South Initiative, Malaysia
  15. National Union of Transport Equipment & Allied Industries Workers (NUTEAIW), West Malaysia
  16. Parti Sosialis Malaysia (PSM)
  17. PAYDAY Men’s Network (UK/US)
  18. Persatuan Amal Progresif Malaysia
  19. Persatuan Sahabat Wanita Selangor (PSWS)
  20. Programme Against Custodial Torture & Impunity (PACTI), India
  21. Sabah Timber Industry Employees Union (STIEU)
  22. Sarawak Dayak Iban Association (SADIA)
  23. Saya Anak Bangsa Malaysia (SABM)
  24. Singapore Anti Death Penalty Campaign (SADPC)
  25. The Workers’ Assistance Center, Inc. (WAC), Philippines
  26. Union of Domestic, Maquila, Nexas and Related Workers (SITRADOM), Guatemala
  27. WH4C (Workers Hub for Change)
  28. Black Women for Wages for Housework, US
  29. Women of Color/Global Women’s Strike, US/UK
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Civil Society

WMP: The Dyson lay-offs is a test of how useful PAP’s relationship with unions is for workers

In response to Dyson’s recent layoffs, Workers Make Possible (WMP) questioned whether The United Workers of Electronics and Electrical Industries (UWEEI), an NTUC affiliate, will fight for workers’ livelihoods or accept defeat. WMP highlighted that many PAP leaders, including SM Teo Chee Hean and MP Patrick Tay, lead UWEEI’s Council of Advisors, raising concerns about its effectiveness.

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1 day ago

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2 October 2024

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The recent lay-off decision by UK-based tech giant Dyson in Singapore has raised significant questions about the effectiveness of the ruling People’s Action Party (PAP)’s relationship with unions, according to local civil society group Workers Make Possible (WMP).

In an Instagram post, WMP shared two screenshots of news articles, highlighting the irony of British billionaire James Dyson receiving the Public Service Star (Distinguished Friends of Singapore) award in July 2023 for his contributions to the Singaporean economy.

However, fast forward to recently, Dyson’s unexpected round of layoffs left many employees in shock and morale at an all-time low, with only a day’s notice given to The United Workers of Electronics and Electrical Industries (UWEEI), an affiliate of the National Trades Union Congress (NTUC).

 

According to Channel News Asia, the layoffs come just three months after Dyson had assured staff that its Singapore operations, which serve as its global headquarters, would be unaffected by a global restructuring that had cut 1,000 jobs in Britain.

Employees reported that the retrenchment process was conducted discreetly, with affected workers receiving email notifications for private “one-on-one” meetings.

During these meetings, attended by human resources representatives, employees were informed that their roles had been rendered redundant.

A Dyson spokesperson responded to media inquiries by stating that the company was adjusting its team composition to ensure it had the right skills in place for future growth.

“Our ambitions in Singapore remain unchanged, and we expect to continue growing here in the medium term,” the spokesperson said.

Dyson did not, however, disclose the number of employees laid off or provide specifics on how the company plans to support the affected staff.

UWEEI expressed disappointment over the layoffs, revealing that it was informed only a day before the retrenchment, which left little room for meaningful discussions.

The union has since escalated the matter to the Ministry of Manpower (MOM) for further review.

While the union acknowledged that the affected employees fell outside its scope of representation under its agreement with Dyson, it pledged to support the laid-off workers in collaboration with NTUC’s Employment and Employability Institute (e2i).

UWEEI and e2i will assist with job searches, career coaching, and retraining. The union also called on companies to adhere to NTUC’s Fair Retrenchment Framework, emphasizing the need to protect local workers and ensure that adequate support is given during layoffs.

WMP Calls on UWEEI to Act Decisively Amidst Dyson Layoffs, Questioning PAP’s Commitment to Worker Advocacy

Commenting on UWEEI’s response to the recent Dyson layoffs, WMP noted that many PAP members are part of its Council of Advisors, with Senior Minister Teo Chee Hean serving as Chairman and PAP MP Patrick Tay as secretary.

WMP also pointed out that during a parliamentary sitting last month, PAP MPs fervently defended the importance of involvement in trade unions to protect workers.

“Critics should pause their judgement and see what the UWEEI can do in this moment of crisis for the laid-off workers,” WMP remarked.

The group questioned the effectiveness of UWEEI’s actions, suggesting that if PAP MPs are correct in their assertions, then UWEEI should not remain passive.

“It surely cannot be the case that all the UWEEI is able to advertise up-skilling programs to laid-off workers?”

WMP questioned what UWEEI’s next steps will be and whether they will accept defeat or fight for workers’ livelihoods.

 

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