By DayakDaily Team
KUCHING, Oct 3: The Forest Department Sarawak (FDS) has denied claims that it barred the Human Rights Commission of Malaysia (Suhakam) from investigating alleged land rights violations in a Penan village in Ba Data Bila, Ulu Baram, stressing that such inquiries could risk obstructing an ongoing case at the Miri High Court.
In a statement on Thursday (Oct 2), FDS strongly refuted what it described as “baseless and unfounded speculation” made by legal counsel Roland Engan, as published in a local paper on Oct 1, alleging that the department had restricted Suhakam’s investigation.
“The Forest Department Sarawak has never restricted Suhakam from carrying out their statutory duties,” it said.
Instead, the department explained that it had written in response to a request from Ba Data Bila community chief, KK Joseph Sedin, to postpone the visit, advising that any inquiry may fall under Section 12(3) of the Human Rights Commission of Malaysia Act 1999.
Section 12(3) provides that “If the Commission inquiries into an allegation under subsection 12(1) and during the pendency of such inquiry the allegation becomes the subject matter of any proceedings in any court, the Commission shall immediately cease to do the inquiry.”
FDS emphasised that this provision is especially relevant, given that the complaints submitted to Suhakam were already part of a judicial review filed at the Miri High Court by the complainants themselves.
“Any parallel inquiry risks undermining the judicial process and may constitute contempt of court or amount to sub judice,” it added, advising Suhakam to defer investigations until after the disposal of the case.
FDS also criticised a joint press statement issued by what it described as an “unknown” Penan group and supporting non-governmental organisations (NGOs), alleging that the move was sub judice, disruptive to community cohesion, and driven by ulterior motives.
Despite the advice, Suhakam proceeded to meet with other communities in Long Selaan, which FDS acknowledged was partially related to the case. While recognising Suhakam’s “good intentions”, the department stressed that all parties, including NGOs, must respect legal boundaries and the integrity of judicial proceedings.
“FDS remains steadfast in its commitment to upholding the law, safeguarding the integrity of judicial processes, and ensuring that all engagements with indigenous communities are conducted with transparency, legality, and respect,” it said. — DayakDaily
