Suhakam: Ulu Baram probe separate from ongoing court case

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By DayakDaily Team

KUCHING, Oct 5: The Human Rights Commission of Malaysia (Suhakam) has clarified that its planned visit to Ba Data Bila, Ulu Baram, is independent and not related to the judicial review proceedings currently before the Miri High Court.

In a statement issued yesterday (Oct 4), Suhakam said the investigation in Ulu Baram was initiated following complaints received by its Sarawak Office regarding alleged human rights violations.

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It added that the inquiry is being conducted under Section 14(1) of the Human Rights Commission of Malaysia Act 1999, which empowers the Commission to investigate complaints relating to human rights.

“The investigation being conducted in Ulu Baram is distinct and separate from the judicial review proceedings currently before the Miri High Court, as suggested in the news report citing the Sarawak Forest Department (FDS) published by Utusan Sarawak on Oct 2,” Suhakam said.

Suhakam stressed that Section 12(3) of the same Act, which limits investigations into matters before the court, does not apply in this case.

“The purpose of the investigation is to gather views from multiple stakeholders to ensure fairness and balance,” it added.

On the postponement of its planned visit to Ba Data Bila, Suhakam explained that official notice of the meeting and investigative visit had been sent to the Village Headman (Ketua Kaum) of Ba Data Bila, with copies provided to the Long Lama Sub-District Office and the Telang Usan District Office.

“Initially, the Village Headman expressed no objection to Suhakam’s visit. However, before the scheduled date, he requested for the visit to be deferred until after the conclusion of the judicial review proceedings before the Miri High Court on Oct 30, 2025. Suhakam respected and agreed to this request,” it said.

Suhakam reiterated that its visit to Ulu Baram concerns only the human rights complaints received by its Sarawak Office and does not interfere with the ongoing court case.

The Commission also said it will continue to engage with relevant agencies to ensure that the issues raised are addressed comprehensively and effectively.

On Oct 1, an English news portal reported that the Suhakam team was scheduled to visit the Penan village on Sept 26 after receiving a formal complaint from a Ba Data Bila resident citing urgent concerns about logging encroachment, threats of violence, environmental damage, and lack of consultation by timber companies operating in the upper Baram region.

However, prior to the visit, Suhakam received a request from the FDS to postpone its investigation on the grounds that the inquiry could risk obstructing an ongoing judicial review concerning a timber licence for the area.

Following this, certain parties accused FDS of restricting Suhakam from carrying out its investigation.

On Oct 3, FDS issued a statement denying the allegations, stressing that it did not restrict Suhakam’s planned inquiry into Penan land rights in Ulu Baram but merely cautioned that the inquiry could risk obstructing ongoing court proceedings.

The department also pointed out that Suhakam’s investigation could fall under Section 12(3) of the Human Rights Commission of Malaysia Act 1999, which prohibits investigations into matters that are sub judice. — DayakDaily

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