Environmental “hot potatoes” in 2013

by Gan Pei Ling / 28 January 2013 © The Nut Graph

POLITICIANS today ignore environmental issues at their peril. The year 2012 saw major environmental protests against controversial projects in Malaysia. Thousands protested against the Lynas rare earth refinery, the use of cyanide at a gold mine in Pahang and the multibillion petrochemical complex in Pengerang, Johor. In Sarawak, indigenous peoples reluctant to be uprooted from their ancestral homes to make way for the Murum Dam mounted a blockade at the site for almost a month.

It is heartwarming to witness the rise of resistance from environmental groups towards potentially hazardous mega projects in this country. Our citizens are asserting their rights, and holding governments and corporations accountable to the people and the environment.

Kenyahs, Kayans and Penans protesting on 20 Jan 2013 near the proposed site of the Baram Dam.

With the general election looming, activists will likely ramp up their respective campaigns. What environmental “hot potatoes” will politicians have to deal with carefully this year to avoid public anger and opposition?

Lynas

The Lynas rare earth plant has been a major rallying point for environmental issues. Himpunan Hijau successfully staged several anti-Lynas rallies in 2012. There was a protest in Kuantan in February 2012, a 300km march from Kuantan to Dataran Merdeka in November 2012, and a rally at the refinery’s door step on New Year’s Eve.

It is unlikely the protests will stop there. Despite the opposition, Lynas Corp began production in November 2012 after obtaining the official Temporary Operating License (TOL) from the Atomic Energy Licensing Board (AELB) in September 2012. Federal ministers have repeatedly claimed the company must ship its waste abroad, but Lynas Corp insists there is no such requirement under the TOL.

It remains to be seen whether Lynas will be able to recycle its low-level radioactive waste into safe commercial products. It can also help sooth public concerns by being transparent about its waste management process. As the regulator, the AELB must also play its part to ensure the company deals with its waste safely and responsibly. Many activists, however, are still adamant the plant should be shut.

Sarawak mega dams

Construction work for the 944MW Murum Dam is expected to conclude this year. About 1,400 Penans and Kenyahs will be resettled to Tegulang and Metalun – 46km upstream from the dam.

It may be too late to stop the Murum Dam, but I think campaigners still have a fighting chance to pressure the government to scrap the upcoming Baram Dam. The 1,000MW hydropower project will displace some 20,000 natives currently living in Baram and submerge 412 square km of forests – nearly double the size of Kuala Lumpur.

Indigenous people in the hornbill state formed the Save Sarawak Rivers Network (Save Rivers) in February 2012 to oppose the dams. The activists travelled to Australia last year and successfully pressured state-owned dam operator Hydro Tasmania to stop assisting Sarawak Energy Bhd. Activists have been visiting villages to mobilise the people and Radio Free Sarawak has been disseminating information via its short wave radio.

Baram Valley

The Sarawak government proposes to build a total of 12 mega dams under its Sarawak Corridor of Renewable Energy (SCORE) plan to “transform Sarawak into a developed state” by 2020. However, the Bruno Manser Fund, an international charity, criticised SCORE in its November 2012 report as an “outdated” development plan. A policy paper published by the National University of Singapore in March 2011 also doubted SCORE’s viability.

Sarawak Chief Minister Tan Sri Abdul Taib Mahmud has not bowed to public pressure to halt controversial projects. Nevertheless, the state’s indigenous peoples are increasingly bitter with his administration. They have already lost thousands of hectares of native customary rights land to loggers and plantation companies over the past few decades. Now, their homes are at stake due to the hydroelectric dams. Taib’s administration cannot afford to ignore the growing public dissent if it intends to stay in power.

Pengerang Integrated Petroleum Complex (PIPC)

The PIPC is an ambitious project to turn Pengerang into a petrochemical hub. Petronas is investing RM60 billion to develop the Refinery and Petrochemical Integrated Development (RAPID) project at the complex located at the southern tip of Johor. Some 3,000 residents from seven villagers, mostly fishermen and small-business holders, will have to be relocated to make way for the complex. A protest was held against the Pengerang project on 30 Sept 2012.

Environmentalists are also concerned that KuoKuang Petrochemical Technology Co will revive its controversial project, cancelled by the Taiwanese government in 2011, in Pengerang. A 2010 Chung Hsing University study found that the average lifespan of people living near the petrochemical project may be shortened by 23 days due to pollution. More protests may be in the pipeline if the government allows the Taiwanese company to resurrect its project here.

Moving towards sustainable development

An increasingly discerning electorate coupled with growing environmental awareness means that governments and corporations can no longer get away with sloppy environmental management. Instead of being defensive, the best way forward for the state and businesses is to engage the public proactively and be transparent about the details of the projects.

After all, if the mega projects are truly beneficial to local communities and harmless to the environment, they should be able to withstand public scrutiny, right?


Gan Pei Ling hopes the growing environmental resistance will help push the nation towards a more sustainable development path in the long term.

A green gift guide for Malaysians

by Gan Pei Ling / 17 December 2012 © The Nut Graph

FRENZIED shopping, overindulgence and food wastage are often associated with festive celebrations in Malaysia and elsewhere. With Christmas and New Year around the corner, are you wondering how to lessen your consumption impact on the planet?

From shopping local to donating to worthy causes, here’s a guide adopted with ideas from friends, The Guardian and The Daily Green to make your Christmas and New Year celebrations more meaningful and environmentally friendly.

(fangol/sxc.hu)

  Wish lists

Ask for wish lists from your family members and friends so that you get them something they really want. Most of us have received gifts that we do not need or want, yet we are reluctant to throw them out or re-gift them for fear of offending the giver. At the same time, make it easier for your loved ones by providing them your own wish list in advance.

Then make a list of environmentally sound gift ideas. If you are considering electronic gadgets, for example, check out Greenpeace’s ratings, which rank companies based on their commitment to environmental protection and progress since 2006. For book purchases or wood products, look for products certified by the Forest Stewardship Council to ensure they come from well-managed forests.

  Shop local

Another way to reduce your ecological footprint is to buy from local businesses and communities. Etsy is a good place to shop online for handmade items. A couple of Malaysian sellers hosted their first market on 15 Dec 2012 at Damansara Uptown.

The other place that’s usually good for hand-made, locally designed arts and craft is at Art for Grabs, which is held regularly at the Annexe in Central Market, Kuala Lumpur.

My favourite retailer is Bisou BonBon, which sells handmade solid perfumes, soaps, mosquito repellent, lip balm, body scrubs and more at affordable prices. The founder, Dr Shelby Kho, also handles tailor-made gift requests for special occasions.

For indigenous craft, Gerai OA offers handicrafts made by indigenous communities in Malaysia. The nomadic stall is run by volunteers, so 100% of the basic item price goes back to the artisans. The products can also be purchased online at Elevyn.com.

  Go organic

Create personalised gift hampers with organic food and products from Justlife or Little Green Planet. Consider introducing family, friends and colleagues to eco-friendly household cleaning products available at Natural & Eco Republic at Jaya One, Petaling Jaya.

For families and friends with newborns, you can find eco-friendly baby products at Tiny Tapir at one of its two retail outlets – Ampang Park Shopping Centre and Bangsar Village Two – or shop at its online store.

For fashion lovers, check out Mell Basics, which sells organic t-shirts, turtle necks, harem pants and dresses for women; and Nukleus, which offers organic underwear and tees for both sexes.

  Make your own gifts or experiences

If you have the time, make your own greeting cards, bake cookies or cook a meal with your loved ones.

Take them on a trip to a waterfall, forest park or the beach to escape from the concrete jungle and electronic foliage.

  Minimise gift wrapping

(modish/sxc.hu)

Be kind to planet Earth. The Ecologist recommends we abandon wrapping paper, which is hard to recycle, clogs up landfills, and is pricey. Wrap your presents in fabric, posters, newspapers, magazine covers or used wrapping paper, and decorate them with reusable silk ribbons.

 Donate in their names

Last but not least, you can donate to a charity or a cause you know your loved ones support in their names. Be it incommunity development, nature conservation, electoral reformshuman rights advocacy or gender equality, there are plenty of causes in need of financial support.

In addition, charitable donations usually dip during economic downturns. Take this opportunity to scout and donate to a credible local welfare home in your city or town.

Above all, keep in mind that it is often not the gift itself but the thought behind the gift that counts. Merry Christmas and Happy New Year, folks!

TNGsanta


Gan Pei Ling is looking forward to a year-end holiday retreat with her loved ones.

Running Selangor

by Gan Pei Ling / 7 December 2012 © Selangor Times

DATUK Mohammed Khusrin Munawi reported to work amidst fierce dispute between the federal and state government over his appointment as the state secretary on Jan 3, 2010.

Having served at district offices, local councils and the state secretariat extensively, the 56-year-old is well acquainted with the nuts and bolts of the Selangor civil service.

But the Menteri Besar and his executive council (Exco) had then opposed Khusrin’s appointment as it was done by the federal-led Public Service Commission (PSC) without consultation.

Khusrin's profile

Almost two years down the road, Selangor Times spoke to Khusrin at his office on Nov 26 to find out how he has coped with the job thus far.

The father-of-four gives us a glimpse into his working life as the chief public servant in Selangor. He spoke candidly about the challenges he faces in tackling inefficiencies and corruption in a 25,000-strong state machinery.

Can you share with us what your main responsibilities are  as a state secretary?

We have 41 standing committees chaired by exco members on various subjects in Selangor. My main task is to coordinate and make sure state officers implement policies and projects approved by the state and federal government according to procedures and the time given.

How many employees are under the state?

We have about 25,000 people working in state agencies, the 12 local councils, nine district and land offices, PKNS (Selangor State Development Corporation) and PKPS (Selangor Agricultural Development Corporation).

They all report to you? 

(Nods)

What about other state-owned companies like KDEB (Kumpulan Darul Ehsan Bhd), SSIC (Selangor State Investment Centre Bhd) and such?

They report to the Menteri Besar but I’m also on their board of directors.

So what’s a day like for a state secretary?

I have meetings almost every day. Every Wednesday I have to attend the exco meeting and Thursday the MTES (Selangor Economic Action Council) meeting. So I only have three days in a week to meet with my officers, supervise, follow-up and make sure decisions made by the exco are implemented.

At the state secretariat

At the state secretariat

I have a post-exco meeting every Thursday morning to convey the exco’s decisions to the heads of department. Sometimes actions need to be taken immediately so we don’t wait for the minutes to act.

Every month I also have a meeting with all the district officers, local council presidents and mayors.

How is the exco meeting different from the MTES meeting?

The exco meeting on Wednesday is exclusive for exco members. We discuss papers prepared by state departments, UPEN (State Economic Planning Unit) on policies or district officers on land matters.

Issues that we cannot solve in exco meetings, we bring to MTES. We invite the stakeholders to MTES meeting. It’s more open. Let’s say we have a LRT (Light Rail Transit) project, we call the company to give a briefing, and the local council president, district officer and residents involved, whether they agree with the alignment and try to solve the problem.

We give an opportunity for everyone to air their views at MTES meetings before making any decision.

When we receive complaints from the public, MTES is where we bring the complainants and the state will listen to the communities’ grouses.

I see, right, I remember there were MTES meetings on the high tension cable projects in Rawang and Cheras?

Yes, we also call the state assemblypersons and members of Parliaments involved to voice their concerns.

Okay, what are the main challenges that you face in your job?

Compared to previous governments, it’s more challenging (for public servants now) because the current Menteri Besar wants everything to be transparent.

As Tan Sri (Khalid Ibrahim) often says, the public has a right to know what we do and Selangor is a developed state so most people know their rights. They want to know the reasons behind decisions made, not just by the state government but local governments as well.

And starting Jan 1, we will implement the FOI (Freedom of Information Enactment), so it will become even more challenging (for the public service). Most importantly we must always be transparent, we cannot hide things from the public.

There are still public complaints that the civil service is inefficient and unfriendly? What is being done to address this?

We have done a lot (to improve and streamline). For example, even though the federal government requires us to reimburse claims made within 14 days, in Selangor we have managed to shorten the period to three days. We process 80% of the claims from contractors or suppliers within three days. That’s our achievement in speeding up the public delivery system.

Also, previously it took weeks or months for the district and land office to approve the transfer of land titles, now if you want to sell your land you can get the approval within one day. Now operators of risk-free businesses (such as stationery and convenience stores) can get their licence within an hour of application.

Is this because the application process has been computerised?

Yes and we simplify the process by using checklists and make the process transparent. Now the public can also pay their quit rent and assessment tax through online banking or at post offices.

We are trying to improve the public delivery system, it’s an ongoing process.

But sometimes we still receive residents’ complaints that local or state authorities do not respond to their problems in time?

That I do not deny, there are still lower officers that procrastinate and delay the processes. We try our best to improve but public expectations are high and there is a lot that needs to be done.

We award departments or agencies that have provided the best services with RM25,000 cash grants to encourage them to continuously improve their delivery system. It’s up to the departmental chiefs whether they want to use the reward to organise a feast or trip for their staff.

What have you achieved over the past two years? Are you satisfied with your own performance?

There are many things still that I have to do, to say if I’m satisfied, I’m not. There are many things that still can be improved such as the speed we respond to complaints, procrastination and non-compliance of rules and regulations among civil servants.

I plan to go down to the ground to conduct spot checks next year because we have received complaints that our officers are not at the service counters. There have also been complaints that our officers are unfriendly and some rural villagers were scolded when they go to local or state departments.

The villagers came from afar because they have a problem they want us to solve, we shouldn’t add to their problems. This sort of incidents shouldn’t happen again. I was even told some were eating while serving the public. (Frowns) There is a code of ethics to how we should entertain the public. Our officers must always be ready to serve.

We are also trying to get Chinese and Indian officers to serve villagers that cannot speak Bahasa fluently. Public expectations are high so public servants cannot be complacent and laidback anymore.

If something cannot be done, we must train our officers to tell the truth. For example TOL (Temporary Occupation License) application on road or river reserve cannot be approved according to state policy. I have instructed our officers not to sell any plans and tell the applicants upfront such land applications will not be approved by the state. We have to explain nicely even if they were to get angry because that’s the state policy.

What about corruption complaints against the civil service? How serious do you view the problem and what steps are being taken to address it?

We still receive complaints about corruption but not many. We have a report from MACC (Malaysian Anti-Corruption Commission) every two months. The amount of investigation cases and arrests have reduced over the years. Compared to the private sector, cases involving the public service are fewer.

It also helps that now we have a very clear policy of awarding contracts to the lowest bidder. No lobbying is allowed unlike last time. With low profit margin, contractors also cannot afford to give bribes.

Still, I view this problem seriously and we work closely with MACC in sand-mining operations and raids on massage parlours. We invite them to be part of the team (as observers).

Corruption is between the person who receives (the pay-off) and the person who bribes, so we hope the public can report to MACC.

What about local enforcement officers? Many graft allegations from the public implicate them.

It’s not easy to find evidence and catch them. We need proof. I think if we can simplify the work processes, with a checklist and very clear SOP (standard operating procedures), then few can manipulate it. If the process is complicated, then it may leave loopholes and room for corruption.

For instance, the problem with the enforcement process for illegal cybercafes is that the errant operators have bargaining power. They can appeal to the enforcement officer to reduce their fines according to the bylaws. That’s why we insist MACC officers to be on site during the raids because we don’t want the bargaining process to happen and open the doors for bribery. The enforcement officers must also go in one team instead of one, two persons. It’s harder to bribe an entire team.

It’s not just in local governments, any enforcement department must have clear SOP and close supervision of the subordinates to reduce opportunities for corruption. There will always be staff who try to exploit the loopholes.

Also, every civil servant has to declare his or her assets before accepting a job confirmation and promotion.

What if they choose not to declare or try to hide?

We can take disciplinary action against them if they failed to declare their assets. Last time it was hard to enforce this rule because we collect the information manually but now everything is in the computer system. If you sold your house or bought a new car, you have to update the system.

How is your relationship with the Menteri Besar and exco now?

I have no problem with the Menteri Besar or the exco members. There may be some negative perception in the beginning but it’s not that they don’t accept me but the way of appointment. The PSC appointed me without consulting the state government, that was the main issue. According to the state constitution, the state government should be consulted on the appointment of state secretary, legal adviser and financial officer.

As a government servant, I serve as a professional to the government of the day and make sure all state policies are implemented and followed by the state’s civil service. Politicians come and go. Regardless of the political parties in power, we as government servants must implement the policies as long as they are within the laws and regulations.

As a civil servant, do you face challenges dealing with politicians? For example, sometimes they may not understand SOP in the public service?

We had a few problems before. Previously some exco members made direct purchases without approval from the state treasury and exco. But we have explained to them we must adhere to treasury instructions.

We have a procedure. Before making a purchase, we must have a budget and approval from the exco or state financial officer. Let’s say we want to buy T-shirts for students, we cannot just walk into a shop and buy. We have to get at least give five quotations, compare the prices and buy from the supplier with the lowest price. The supplier must be licensed and registered with the Finance Ministry as well.

We need to get the state financial officer’s approval if we want to make direct purchases. They were new (to being in the government) so some of them didn’t understand but now they are okay.

If we failed to adhere to the procedures, the MACC and auditor-general will be after the civil servants, not the politicians. They come and go. We will be held answerable because we are the ones who sign the cheques and purchase orders.

Even the allocations for state lawmakers, we have guidelines on what and how it can be spent. We have to tell them when they fail to follow the guidelines.

So far the assemblypersons have been compliant?

Yes, they also do not want the MACC or auditors to investigate them right?

Any message you want to add to the public?

I still receive many complaints from the public about our officers but I hope they can remain polite when communicating their grouses.

For example, I’m receiving more than 10 emails a day from a complainant hurling personal insults at the Petaling Jaya mayor for the traffic congestion problem at Kelana Idaman. There are already plans to widen the road but the project will take some time to implement, to acquire the land and get the allocation for the construction.

Some members of the public refuse to understand even after we have explained. We have our limitations too, we are not Aladdin. It’s demoralising when receive personal insults like these.

We are here to serve and we will try our best to resolve your problems but please be polite.

Why are Malaysians living in the dark?

by Gan Pei Ling / 12 November 2012 © The Nut Graph

FROM laptops, smart phones to digital cameras, middle class youth in the Klang Valley these days usually own a few electronic gadgets. It is taken for granted that there will be 24-hour electricity supply to power these devices. But in a remote Penan village in Upper Baram, Sarawak, 1Malaysia laptops given by the government to students have been left idle due to a lack of power supply in the settlement.

1malaysia-laptopHollie Tu, a community organiser with Koperasi Pelancongan Penan Selungo Baram Berhad, says it demonstrates how the Malaysian government is out of touch with the living reality of rural students. “What’s the use of having a laptop when you don’t have electricity?” Tu said in exasperation when met at the Rainforest Discovery Centre at Sepilok, Sabah on 31 Oct 2012.

What’s the use, indeed? Who else is suffering from a lack of electricity in rapidly developing Malaysia and what can the government do about it?

No electricity in Ampang…

Colin Nicholas

Colin Nicholas

It’s not just the Penan in Sarawak’s interiors that don’t have electricity. Official 2010 statistics show that more than one third of Orang Asli villages in Peninsular Malaysia are still without electricity supply, said Dr Colin Nicholas from the Centre for Orang Asli Concerns. Villagers often make do with kerosene lamps or candles at night. Only those better off can afford generators.

One classic case is Kampung Orang Asli Kemensah, which sits among affluent neighbourhoods in Ampang but still has no power supply till this day. Despite having their plight highlighted in newspapers since 2007, Nicholas said national utility company Tenaga Nasional Bhd just started pulling in the wires to connect the indigenous village to the grid a few months ago.

If an indigenous village located less than 30-minutes drive from our capital can be so conveniently forgotten from “development”, what will the government do for villages far in the interior?

Nicholas said the government tried to install solar panels in remote Orang Asli villages but most of these solar electrification projects failed due to poor maintenance. He pointed out that the panels and batteries require a lot of maintenance and the government did not teach the communities to maintain them.

“The government had also spent millions to install water filtration systems [to provide clean water] to villages but most couldn’t work because there is no electricity to power the pump,” said the academic-activist, speaking at the first Southeast Asia Renewable Energy People’s Assemblya gathering of community-based renewable energy system producers across the region.

…and in Sabah

Over in Sabah, although nearly 80% of its population has 24-hour electricity supply, in its poorest district of Pensiangan, three quarters of the population have no electricity.

Adrian Lasimbang is one of the key figures helping the off-grid communities set up their own small-scale hydro systems. The trained engineer from Sabah set up Tonibung (Friends of Village Development) in 1991 which helps rural indigenous communities produce their own electricity. Tonibung installed the first pico-hydro for an indigenous village in 1999. (Pico-hydro produces less than 5kW of power while micro-hydro can generate between 5kW to 100kW of electricity.)

“Only 10% of our work involves engineering. The bulk of our time is spent getting the locals involved before the start of the project and training them to sustain the hydro system post-project,” said Lasimbang.

His organisation has helped install 15 pico- or micro-hydro systems in his home state, Sarawak and, over the past few years, in Peninsular Malaysia as well. Lasimbang noted that such small-scale hydro schemes’ impact on the environment is minimal compared to mega dams.

From the youth to the elderly, everyone gets involved in setting up the micro-hydro system for the Murut community in Kg Babalitan (© Adrian Lasimbang | Micro Hydro in Borneo)

However, Tonibung and the local communities have had to rely on foreign aid and corporations to fund their projects as they have found it difficult to source for local funding. It is disappointing that our government doesn’t seem interested in financing these small-scale and affordable renewable energy projects which provide a basic need to rural communities.

Democratising energy production

Instead, the Malaysian government tends to favour large-scale, centralised energy production projects. From the Bakun dam and the 12 proposed mega dams in Sarawak to the scrapped Sabah coal plant, local environmentalists have their fair share of controversial mega projects to protest against.

No doubt it is more energy- and cost-efficient to centralise power supply when electrifying urban areas where populations are concentrated. But the same power distribution model becomes inefficient and costly when applied to rural populations where communities are spread out. That’s why many indigenous communities in Malaysia remain off-the-grid.

lightbulbwaterClearly, our government urgently needs to develop a decentralised energy production strategy for its off-grid communities. Unfortunately, the Renewable Energy Act 2011 does not provide any support for the deployment of small-scale energy projects in these communities. The legislation favours urban consumers and existing corporate power producers.

Power is a basic amenity, not a luxury, for our off-grid communities, and should be treated as such. Often poverty-stricken, these communities need and deserve more government aid to secure energy and clean water supply to achieve a better quality of life. Instead of free laptops and one-off handouts, the government should instead focus on long-term benefits such as ensuring that all Malaysians receive the basic need of electricity. 


Gan Pei Ling thinks the budget allocated for smart phone rebate in 2013 should instead be used to fund small-scale renewable energy projects in off-grid villages. Certainly urban youths can learn to live without smart phones while some of their counterparts are having to make do with kerosene lamps.

Can local govt elections protect public interest and the environment?

by Gan Pei Ling / 24 September 2012 © The Nut Graph

THREE weeks ago, 10,000 protesters rallied against a gold mine in Raub, Pahang. Separately, indigenous people from Sarawak submitted a petition to the state’s chief minister to oppose the Baram dam on 19 Sept 2012. The next day, activists protested in front of rare earth miner Lynas Corp‘s headquarters in Sydney.

From Pahang to Sarawak, local environmental activists are capitalising on the window before the 13th general election, which must be called by June 2013, to highlight their causes. This weekend, another rally is being planned against a multi-billion ringgit petrochemical project at Pengerang, Johor.

The main entrance to Raub Australia Gold Mine Sdn Bhd was barred with razor wire on 2 Sept 2012 (All pix by Gan Pei Ling)

The main entrance to Raub Australia Gold Mine Sdn Bhd was barred with razor wire on 2 Sept 2012 (All pix by Gan Pei Ling)

The rise of environmental activism in Malaysia was highlighted in an article in The New York Times. It is unlikely the Malaysian government would be flattered with such coverage. But what could it have done to prevent these protests? What could it have done to secure better public buy-in?

Navigating public consent

One common grouse between the local communities in Raub, Kuantan, Baram and Pengerang is the feeling that they were not properly consulted and informed about a project’s environmental, health and social impact prior to the projects’ approval.

Villagers in Bukit Koman, for instance, did not know that the Department of Environment (DOE) had given the green light to the Raub Australian Gold Mining Sdn Bhd in 1997. The factory, which uses cyanide to process the ore, is located right next to the Chinese New Village. But the locals only found out about it in 2006 and only got hold of the Preliminary Environmental Impact Assessment (PEIA) report in 2007.

The villagers filed for a judicial review in 2008 only to have their case thrown out by the High Court in 2009, again by the Court of Appeal in 2011, and most recently by the Federal Court on 6 Sept 2012. The grounds of rejection was that they should have launched court action within 40 days of having knowledge of the PEIA approval. But as policy adviser Yin Shao Loong rightly pointed out in an opinion piece, the residents would have needed more time to look for the help of sympathetic experts to understand the technical report and the project’s impact.

In the case of the rare earth refinery in Gebeng, Kuantan, local residents were also not consulted about the project. The miner was only required to carry out a PEIA instead of a detailed environmental impact assessment (DEIA). The key difference is that the public is able to scrutinise and provide feedback on a DEIA report before the DOE decides to approve or reject it.

Environmentalists have complained before that their views were not taken into account and that flawed DEIA reports have been approved. But I think the public feedback process remains crucial as it allows public access to the documents. It has enabled activists to highlight major gaps in the DEIA to the media, and to further raise public awareness about a project’s problems.

An estimated 8,000 to 10,000 people attended the peaceful rally against the gold mine.

An estimated 8,000 to 10,000 people attended the peaceful rally against the gold mine.

Yin also proposed that consultants be hired by the DOE via a blind fund financed by various developers to carry out DEIAs. Developers should not hire consultants directly, as is the practice now, to prevent a conflict of interest. I second this proposal because the financial independence of consultants would likely increase public faith in the DEIA process.

The case for autonomous local governments

I have wondered if the local authorities of Gebeng, Raub or Pengerang willingly gave planning approval to the developers. If our local governments were truly autonomous, local councillors could have blocked projects deemed to be against public interest.

In Japan, 73 current and retired mayors spoke out against the federal government’s plan to restart two nuclear reactors. The Japanese government reactivated one nuclear reactor on 1 July 2012 despite public protests. But what struck me more was that the elected local officials dared to go against their federal counterparts. Now that is a functioning democracy.

Back in Malaysia, were the local authorities properly briefed about the gold mine in Raub or the petrochemical complex in Pengerang? Or were they pressured to issue the planning approval regardless of their concerns over the environmental and public health impact?

The ultimate aim of development is to improve the people’s lives. But no project should be shoved down people’s throats if the communities affected are staunchly against it. If we could bring back local government elections, councillors could at least be held accountable for giving the nod to the projects without the communities’ knowledge and approval.

Youths at the rally

Youths at the rally

Some may argue that it would be chaos if local governments started blocking state and federal development plans. I beg to disagree. If a development project does bring prosperity and better quality of life to the rakyat, a responsible elected government, at any level, would not want to risk public outrage to sabotage it.


Gan Pei Ling thinks much more needs to and can be done to improve environmental governance in Malaysia.

The hushed riot of Sabah

News reports of the riot

by Gan Pei Ling / 14 Sept 2012 © Selangor Times

DID you know there was a riot in Sabah in 1986? Fish bombs were detonated at cities and towns. Buildings burned. Cars flipped over. Five people died. However, no one was held responsible and the instigators got away.

“I want people to know that it happened,” local filmmaker-writer Nadira Ilana, who wasn’t even born when the incident took place, told Selangor Times in an exclusive interview on Sept 7.

The 25-year-old Sino-Dusun from Kota Kinabalu only found out about the riot from her father last year. It inspired her to research the mayhem and subsequently submit a proposal to Pusat Komas to turn it into a documentary.

“The riot only happened in Sabah but the story is relevant to the entire country. It shows what could happen after the fall of a political regime,” she said.

Nadira’s 30-minute film “The Silent Riot”, also known as “Rusuhan Tersembunyi” in Bahasa Malaysia, will be shown at the PJ Live Arts Theatre, Jaya One next Saturday in conjunction with the Freedom Arts Fest.

She shares some information about the cause of the riot, the politicians and civilians who lived through it and how she feels about this black episode in Sabah’s history.

Can you give us some background about the riot, how did it happen?

It started in 1985 when PBS (Parti Bersatu Sabah, then an opposition party) first came to power. The previous ruling party, Parti Berjaya, had became increasingly unpopular among Sabahans. So [Tan Sri] Joseph Pairin Kitingan, then Berjaya’s deputy president, left the party to form PBS.

PBS was registered 47 days before the state elections in 1985. It formed a secret coalition with Usno (United Sabah National Organisation), which was headed by Tun Mustapha [Harun], to topple Berjaya.

Berjaya had swept 44 out of 48 seats in the 1981 elections so they were confident. But when the election results were announced on the midnight of April 22, 1985, PBS had won 25 seats, Usno 16 and Berjaya only had six.

Usno tried to contact PBS but there was a communication breakdown. In a panic, Usno called up Berjaya to form a coalition straight away. They then raced to the Istana to swear in Tun Mustapha as the Chief Minister. He was sworn in at 4am but was removed on the same day as the appointment was illegal. Pairin was sworn in as the rightful Chief Minister at 8pm the same night.

Did the riot begin then?

Not yet. Tun Mustapha filed an injunction against the State Governor. As far as Usno and Berjaya were concerned, he was still the Chief Minister. They didn’t want fresh elections. They were afraid PBS would win again. The riots didn’t happen until March 1986 just as the court verdict was to be announced.

Fish bombs did start going off in Kota Kinabalu and the other towns from May 29, 1985 but the incidents were sparse. These bombs were meant to shock people, not to kill or harm. But if you were at the wrong place at the wrong time, you could get hurt.

What happened in March 1986?

On the first day of demonstrations, about 1,000 Usno supporters gathered in front of the Kota Kinabalu High Court. That’s when several fish bombs started going off throughout town. A curfew was imposed for 39 days. There were other smaller demonstrations and arson attacks in Sandakan and Tawau too.

The demonstrators, led by Usno and Berjaya leaders, took to the streets of Kota Kinabalu to protest Pairin’s appointment because he was Christian. The anomaly was that a majority of the demonstrators were Filipino Muslims – many undocumented and legally unable to vote.

Many Sabahan Muslims didn’t have a problem with Pairin and supported him.

The demonstrators were given food, money and they stayed at the state mosque with their wives and children for a week. They were being used. These people were incredibly impoverished. Many of them were political or economic refugees from the Philippines. They fled to Sabah in the 1970s to escape the conflict in Mindanao. Tun Mustapha, being a Muslim Bajau-Suluk, was the first to open Sabah’s gates to them. (He served as the Chief Minister from 1967 to 1975.) So a lot of them felt indebted to Tun Mustapha and were demonstrating on his behalf.

Tun Mustapha led the demonstrations at the mosque?

Not himself although he did address them personally at the mosque. It was mostly Usno leaders who led the demonstrations in Kota Kinabalu. The smaller ones outside of town were led by Berjaya members.

So the riot started on March 13, 1986?

Burnt vehicles in KK

Several bombs went off in a span of two hours that day. Parents panicked and went to fetch their children from schools. There was tear gas from the FRU (Federal Reserve Unit) who was trying to contain the situation. Cars were being flipped over by demonstrators. They were also throwing rocks into shop windows.

People were terrified. By 10.30am the city was empty.

My father told me he was walking from his office to visit a friend when a bomb went off a few yards away from him at an Esso station. The roof collapsed and the windows shattered. He ran down the street and another bomb went off under his colleague’s car.

That must have been scary.

I was taken aback by how casual my dad was when he spoke about it. I was like “What?!” and he was like “It’s just a little bomb.” It’s scary to think that he could have been hurt. When I asked if people could die from the bombs, he said “Yeah, I guess but we didn’t die.”

After that I asked a lot of people about it and I think most of them have forgotten that it was a big deal. The newspapers weren’t censored. Their reporting was actually quite detailed. But the people who experienced it…They no longer talked about it. Maybe they don’t want to think about it. I don’t know how they came to terms with what happened.

Some people denied there was a riot. They told me “it was just a demonstration”. Someone even told me “yeah there were bombs but it’s Sabah, not Bosnia.” I thought: “Wow, these people are tough.”

Most of the people from my generation don’t know anything about the riot.

Five people died right? Was anyone caught and held responsible for the bombs and arson attacks?

img_2014It was estimated that 1,763 people were arrested during that period but they were all released after about a month. A newspaper vendor, fisherman, carpenter and two unnamed women died but who will stand up for them?

People suspect that the riot was manufactured to create a state of emergency so that the federal government can come in but that never happened. (The federal government had previously stepped in and proclaimed emergency in response to political turmoils in Sarawak in 1966 and Kelantan in 1977.)

Instead, then Prime Minister Datuk Seri (now Tun) Dr Mahathir Mohamad proposed a peace formula whereby PBS, Usno and Berjaya should form a coalition but this never came to fruition. Pairin dissolved the state assembly and Sabah underwent another election in 1986.

It was quite commendable that PBS kept their cool and kept the locals out of the riot.

Who did you interview for your film?

A mixture of politicians and civilians. People who were there, especially petrol station operators. A lot of petrol stations were attacked.

Sabah politician Datuk Mohd Noor Mansoor, formerly from Parti Berjaya, spoke to Nadira about the 1986 riot.

Sabah politician Datuk Mohd Noor Mansoor, formerly from Parti Berjaya, spoke to Nadira about the 1986 riot.

Who were the politicians?

Tan Sri Herman Luping who was the adviser to PBS at that time. Datuk Yahya Lampong, a former Usno member. And Datuk Mohd Noor Mansoor from Berjaya. He was state Finance Minister in Sabah.

What were the challenges you faced in making the documentary?

It’s the first time I’m doing a documentary. I’m more accustomed to narrative films. I only have 30 minutes but I wish I had more time. There’s so much to this story.

What were some of the things you wish you could have included in the film?

I wanted to include why Berjaya lost in the 1985 elections, add more interviews with civilians. When Usno first lost to Berjaya in the 1976 elections, there were fish bombs too, but not to the scale of in 1986.

I also had to cut out one of the interviews I did with a friend who was in school on that day. Demonstrators were marching past her school. Students were frantically trying to get home. The demonstrators surrounded her school van and rocked it. They were holding rocks, pieces of wood and chanting loudly. She was only 14.

They managed to get away. She thinks it’s funny now but back then she said she thought she was going to die that day.

So what do you think about the entire episode after making the documentary?

I will never join politics! (Laughs) I think my job as a filmmaker is hard enough. As a storyteller, I can’t control how people will react to my story. It will take a life of its own once I put it out there. But I hope people will respond by having constructive discussions rather than reactive ones.

I’m not interested in pointing fingers but I do want people to know what happened and acknowledge this incident as part of Malaysia’s history.

I feel that the best way for us to move forward as a society is to be honest with ourselves, about our past no matter how dark. It’s part of who we are and we grow from these collective experiences. That’s why we value history.