Fern is an NGO which aims to improve European Union activities in order to achieve: conservation and sustainable management of forests; respect for the rights of forest peoples; greater transparency in EU aid to tropical forest countries.

Open letter to the EU Delegation visiting Malaysia in January 2007

11 January 2006

Mrs Soledad Blanco,

Mr Thierry Rommel,

Members of the EU Delegation,

We are encouraged to see that the process of negotiating Voluntary Partnership Agreements (VPAs) has started. As you know, we believe that these VPAs could become a great tool to improve forest governance and hence can contribute to sustainable forest management, recognition of indigenous peoples’ rights and controlling illegal logging.

It is therefore with great interest that we have learned about your visit to Malaysia at the end of this month. Although we do not know the exact agenda for this visit, we believe it is of utmost importance that the delegation, in full or in part, will meet with local communities affected by logging practices, whose rights have been violated, as well as with NGOs and lawyers supporting these communities.

The past and to some extent current political climate in Malaysia does not make it easy for people to stand up for their rights and there have been countless examples where local communities have been divided by political pressure, bribes and threats.[1]

Against this background, it is important that the EU delegation is able to spend time with affected communities to get a full picture of the social and ecological situation in Malaysia. We are therefore encouraged to learn that the delegates intend to meet with environmental and social NGOs and with some of the lawyers involved in the land rights cases on January the 18th. We would hope, however, that the delegation, or part of it, will also be able to meet with and spend some time with the communities directly who are the centre of the debate, such as the Penan.[2]

A number of Penan communities have indicated their wish to meet with the EU delegation, and have invited the EU to come and visit them in Long Lamam on January the 20th, as communicated to the EU Delegation in Malaysia. As you know, these communities are seriously affected by logging and their rights have been violated most recently by the MTCC certification in Sarawak.

The Penan communities of Long Kerong, Long Sait, Long Sepigen, Long Kepang, Long Benali, Ba Pengaran, Long Sabai, Long Lamam, Long Ajeng and Long Murung, representing most of the Penan of Upper Baram, have now indicated to us that they will be travelling to Long Lamam to be able to meet with the delegation. Heading the representation will be the headman of Long Sait, TK (Headman) Bilong Oyau.

Long Lamam was chosen because it is very reachable[3] and very close to Long Semiang, where we have been informed the delegation will meet with other communities, organised by the Malaysian Government[4].

With this letter we would like to encourage you to give a positive response to the request of the communities.

With best wishes

Saskia Ozinga

FERN

On behalf of

Shamila Affarin, Sahabat Alam Malaysia;

Sebastien Risso, Greenpeace;

Jon Buckrell, Global Witness, UK

Lukas Straumann, Bruno Manser Fund, Switzerland;

Danielle van Oijen, Friends of the Earth Netherlands.

Sille Stidsen, IWGIA, Denmark

Faith Doherty, Environmental Investigation Agency, UK

Peter Gerhard, Robin Wood, Germany;

Nils Hermann Ranum, Rainforest Foundation Norway.

Annex 1:

How to reach Long Lamam.

In Long Lamam, the community representatives will gather. Food for the meeting and boats to pick up the delegates from where the logging road crosses the Sela'an river will be organised. The communities are hoping to prepare a special welcome to the delegates at the village withdance, traditional carvings, speeches by the headmen etc. They are waiting for confirmation if and when the delegation expects to arrive. Long Lamam is less than half an hour walk from Long Semiang or less than 10 minutes by long boat to be organised by the communities. See map below.


1

[1]For more information please see and

[2] See Article in The Star 9 January 2006, enclosed

[3]See annex 1

[4]Long Semiang is not a Penan but a Kenyah settlement. We have been informed that the Long Semiang headman is known to be a strong supporter of the Samling group. It will therefore not be possible for the Penan communities to travel to Long Semiang.