Bajau Laut Human Rights Violation - Why is SUHAKAM just monitoring, when it should be investigating?

4–5 hundreds of Bajau Laut in the Semporna district including Pulau Bohey Dulang, Pulau Maiga, Pulau Bodgaya, Pulau Sebangkat and Pulau Sibuan lost their homes following demolishment by the authorities, citing concerns of security and cross-border crime. The demolition and burning of houses must be seen as a violation of Human Rights and dignity of these marginalised communities.

SUHAKAM is closely monitoring the recent actions taken by the Sabah state government concerning the Bajau Laut community in Semporna. Several homes have been demolished as part of the Sabah state government’s initiatives  - SUHAKAM Media Statement, 9/6/2024

So, why is SUHAKAM(Malaysian Human Commission' saying that it is MONITORING the situation. SUHAKAN should be already investigating (or better still holding a Public Inquiry). SUHAKAM should be highlighting the human rights violations that may have already occurred - not playing a BY-STANDER just monitoring. When will SUHAKAM start to act, or is this SUHAKAM afraid to take a position against government. SUHAKAM should call for the immediate stop of evictions and demolition of homes until it concludes its investigation or inquiry.

MONITORING - that happens when the Malaysian Bar lawyers monitors an ongoing peaceful assembly to ensure that rights of the protestors or others are not violated. So, it is most strange that SUHAKAM is monitoring when obviously evictions and house turnings already happened, and there is a human rights violation.

SUHAKAM advocates for immediate assistance to be provided to the displaced members of the Bajau Laut community. This includes ensuring access to temporary housing, medical care, and educational resources to minimize the disruption to their lives. - SUHAKAM Media Statement, 9/6/2024

Then, SUHAKAM talks for immediate assistance to the displaced - Somehow, this current batch of SUHAKAM seems afraid to antagonize the government. It seems to try to JUSTIFY government actions, and that is NOT THE ROLE OF SUHAKAM. 

SUHAKAM is not a PRO-GOVERNMENT Institution, or under the government. It is an INDEPENDENT Human Rights Institution, and it is ONLY concerned with the promotion or Defence of Human Rights, and it must ACT without fear or favour - and certainly without fear of the current government. The conduct of this SUHAKAM is so different from SUHAKAM before...

SUHAKAM must be on the ground now conducting an INVESTIGATION - or better still a PUBLIC Inquiry(which requires the consent of the majority of SUHAKAM's commissioners). One way of making SUHAKAM ineffective or 'toothless' is to simply appoint as Commissioners persons who fear going against the government or those who priorotize praising government or justifying government actions rather that UPHOLDING HUMAN RIGHTS.

The previous batch of SUHAKAM Commissioners bravely spoke out against BAD unjust laws, and even held PUBLIC INQUIRIES that concluded they were ENFORCED DISAPPEARANCES - meaning the Government or government officers(police,etc) were responsible. Comparatively, these batch of new Commissioners, appointed in July 2022, pales compared to the past few batches.

THE BAJAU LAUT HUMAN RIGHTS VIOLATIONS?

Rather than eviction, should we not legalize their homes and income generating activities. Mind you, when it comes to fisherfolk, it is normal see a situation where they tend to move from one place to another to where the fishes are...

Well, the Bajau Laut community were residing on the sea in houses on stilts, and they were living there and conducting income generating activities(fishing) - that maybe their lifestyle for generations, long before the need for legal registration of land/property - have they ever been introduced to land registration or pre-building approval of their dwellings - will the plan of their homes or even the building of it even be even be approved if the applied? The houses are in the sea, and can even the sea or small islands be individually owned? How long did the government know of their existence, and allow them to live and do income generating activities before the State started to evict them? 

They may not be LEGAL OWNERS of their homes, but then these homes were on stilts on the sea and it may not even be possible to become registered owners - The Sea(including the Beaches) usually belongs to the State government and are not capable of individual ownership or registration.

LEGALLY speaking, there may be NO existing laws that allow them to legally LIVE and work there. This is a problem and a LACUNA in the law.

Well, SUHAKAM here can deal with this fundamental issue of rights to a home and a livelihood. Should such fishing communities be given right to build houses on the sea, and to conduct their income generating activities. Is it not a RIGHT to require the State to provide electricity, fresh water, etc..

ON Sungai Pahang, in Temerloh too before there were people living on 'floating houses'(rumah rakit) that moved up and down with the level of the river. Again, LEGALLY they cannot be regsitered owners of part of the river, or owners of legally accepted houses. Does Malaysia even have such laws.

Well, SUHAKAM here can deal with this fundamental issue of rights to a home and a livelihood. Should such fishing communities be given right to build houses on the sea, and to conduct their income generating activities. Is it not a RIGHT to require the State to provide electricity, fresh water, etc.. SUHAKAM should even propose laws to legally recognize such houses and people > maybe propose NEW LAWS as current laws seem to be inadequate in such cases.

SHOULD LENGTH OF STAY also give a legal right of ADVERSE POSSSEION?

Now, the next question that we must ask is since when have these people be living here and carrying out their livelihood - If they just came a few months ago, then maybe some justification for destroying and burning them out. BUT, if they have been there for YEARS and YEARS, a fact that the State Government and/or Local Government were aware of but simply allowed them to stay - THEN, the question is whether this State Action is a GROSS VIOLATION of human rights, for after all the State, by its INACTION (and not speedy actions) gave these people the LEGITIMATE EXPECTATION - that their staying there, fishing and living with their families is OK.

In some countries, like UK, if you stay on the land for 10 years, then you get ADVERSE POSSESSION - right to LEGAL OWNERSHIP.

The 10-year rule for adverse possession -  This rule allows squatters to legally claim ownership of a property if they have lived in it continuously for 10 years without the lawful owner taking steps to remove them.

This is what Malaysia should be doing that to poor SQUATTERS (or Peneroka Bandar or people like this Bajau Laut community who have resided in a particular area for many many years expending monies to build and maintain their homes, and expend monies to conduct their income generating activities - in this case fishing and living off the sea.

 

Rise of LEGITIMATE EXPECTATION of ownership, and legality of their income generating activities?

 

We remember sadly how the government, be it the Federal Government, State Government and/or the Local Government, despite knowing of the building of 'illegal homes' and even agricultural activities stayed silent for many years allowing the people to live there and/or work the land, Then one day, they came and evicted them and even destroyed their income earning activities. LEGITIMATE EXPECTATION of all is OK by the lack of the governments speedy action should arise - Why did the government immediately on finding out about the 'illegal' home or economic activities stay silent and allow these people to EXPEND more and more money upgrading homes and income generating acting - giving the impression that the government was OK with it. Is it right to then suddenly come and EVICT, destroy homes and even agricultural activities - remember the cutting down of about 15,000 Musang tree incident in Raub, Pahang? Is it RIGHT - or should we change laws to give these people, who worked the land (although legally not theirs) some basic human rights - this goes towards the RIGHT TO LIFE, which should be broadly read to include livelihood activities. If the government had immediately acted, then these people would not have wasted so much money, time and effort on that land and their income generating activities - and that money could be better spent on some other home or land - Is not the government NOT MEAN - and did not the government give LEGITIMATE EXPECTATIONS - AND A RIGHT TO THE LAND. Did the Government LIE with plans to simply cause grave suffering to these Malaysians at a later date?

The operation to clear illegal durian farms at the Batu Talam forest reserve near here is progressing ahead of schedule. The Forestry Department, which launched 'Ops Pamah' on July 3, have since cut down some 15,000 Musang King trees in an area measuring 101 hectares in the forest reserve.  - NST, 11/7/2021

What is happening to the Bajau Laut community reminds me of what used to happen to the Orang Asli in Semenanjung Malaysia. They get pushed and pushed from their homes and the surrounding forests where they rely for their living and income generation. Around Selayang area, I remember how the authorities came in and evicted the entire community - about 6 households - and they just had to move deeper into the forests, and the compensation for being evicted that they received was a measly RM50, according to what the community told me.

And, here it is again happening to Bajau Laut community (or the Sea Bajau) - who were also BOAT PEOPLE living on boats, and now on housing structures on stilts on the sea. Well, they have been around since the 15th century - and they have been an ever migrating community - moving to new areas when fish and sea resources are depleted in one area. In Malaysia, their population is about half a million(though actual data is difficult to get since many are 'stateless' apparently - a failure of State to register them.

The Bajau Laut, reasonably are natives of Sabah and should be 'Bumiputra' - but sadly, the preferential treatment seem to have not reached them. Was it discrimination of the State against the Bajau people? One wonders about the natives of Sabah and Sarawak, and the Malays who are accorded preferential treatment - are the various ethnic groups getting to enjoy equitable benefits> Are the different persons in a particular ethnic group enjoying equitable benefits as others in the same group? OR is the reality that it is only the rich and powerful in different ethnic groups that enjoy MOST of the benefits - look at how majority of Malays seem to still be in the B40 or poor? 

NEXT - The Immigration Question? The fact that they have yet to be registered as CITIZENS is a State failure, not the people.How many people from Indonesia that arrived in Malaysia in the last 2 decades are already citizens, and how come the Bajau people are still stateless.

You may be able to apply for indefinite leave to remain if you've been in the UK legally for 10 continuous years (known as 'long residence'). Indefinite leave to remain is how you settle in the UK. It's also called 'settlement'.

Allegedly, Foreign nationals may become Malaysian citizens by naturalisation after residing in the country for at least 10 years, renouncing any previous nationalities, and showing proficiency in the Malay language. 

It seems that some Pakistani and Bangladeshi have become Malaysian citizen - Maybe the Home Minister should tell us how may people from other countries have become Malaysian citizens. So, we wonder how come there are so many stateless people like the Bajau Laut, and from Malaysian ethnic groups are still stateless.

So, here again is something SUHAKAM should be doing - they should immediately advocate the issuance of CITIZENSHIP to the Bajau Laut. The lack of citizenship greatly prejudices Malaysians..

SUHAKAM - do your JOB and investigate now the human rights VIOLATIONS inflicted on the Bajau Laut people, even if the perpetrator is the State or State public officers.

Relocating people who depend on the sea for their livelihood is always difficult - you cannot simply relocate the Bajau people to some rumah panjang...Fisherfolk depend on the sea, and sometimes particular sea for their livelihood. Remember the Penang fisherfolk 

BALIK PULAU – A total of 6,000 fishermen in Penang raised objections to the controversial Penang South Island (PSI) project undertaken by the Penang government and its developer, SRS Consortium Sdn Bhd.- Sinar Daily, 3/8/2023

With regard to fisher folk and farmers, one simply cannot relocate them to a NEW area - they are where there are because of the fish, and also the infra structures needed to support the income generations. You have to ask the affected people, where exactly would they like to move, if any...But, with no previous fisherman or farmer, who are MPs and ADUNs - they simply maybe totally worthless when it comes to solving these problems...and the POOR may simply end up with MORE suffering...

 

 

Press Statement No. 7-2024_SUHAKAM Monitors Sabah Government Actions Affecting the Bajau Laut Community in Semporna

Jun 9, 2024

by Media

with no comment

Press Statement

0

Kenyataan Media

KUALA LUMPUR (9 JUNE 2024) – SUHAKAM is closely monitoring the recent actions taken by the Sabah state government concerning the Bajau Laut community in Semporna. Several homes have been demolished as part of the Sabah state government’s initiatives to enhance security and protect the environment within the Tun Sakaran Marine Park. While prior notice was given to the affected communities, SUHAKAM acknowledges the need to assess the broader humanitarian impact of these actions.

The Bajau Laut are a unique and historically marginalized community facing significant challenges, including limited access to basic services such as healthcare and education. While recognizing the state government’s intention to enhance security, SUHAKAM emphasizes the importance of a balanced approach that addresses the immediate needs of those affected by the demolitions.

SUHAKAM advocates for immediate assistance to be provided to the displaced members of the Bajau Laut community. This includes ensuring access to temporary housing, medical care, and educational resources to minimize the disruption to their lives.

We encourage ongoing dialogue and collaboration between the state government, the Bajau Laut community, and humanitarian organizations to develop sustainable and inclusive strategies that address broader issues while respecting the rights and dignity of all individuals involved.

SUHAKAM remains committed to monitoring the situation closely and working towards solutions that uphold human rights.

-TAMAT-

Suruhanjaya Hak Asasi Manusia Malaysia (SUHAKAM)
9 June 2024 - SUHAKAM Website

 

Bajau Laut eviction: Tackling complexity of statelessness in Sabah

• By SERI
• 
  

MEDIA reports indicate that on June 4–5, hundreds of Bajau Laut in the Semporna district including Pulau Bohey Dulang, Pulau Maiga, Pulau Bodgaya, Pulau Sebangkat and Pulau Sibuan lost their homes following demolishment by the authorities, citing concerns of security and cross-border crime.

While eviction notices were issued from May 2–4, the demolition and burning of houses have fallen short of upholding the human rights and dignity of these marginalised communities.

The Social and Economic Research Initiative (SERI), while recognising the complexity of statelessness in Sabah, advocates for pragmatic and inclusive solutions in ensuring peace, stability and order, as well as preserving the dignity of affected stakeholders.

The mishandling of Sabah’s stateless individuals, with a particular focus on the Bajau Laut community has to be addressed.

Reports of the torn down and burnt houses have to be investigated. Such actions not only violate fundamental human rights but also perpetuate the cycle of marginalisation and discrimination towards any community.

(Pic credit: Reuters)

The Bajau Laut community, a subset of the broader Sama-Bajau ethnic group, originates from the Sulu Sea and surrounding regions in maritime Southeast Asia.

They are referred to locally in Sabah as “Pala’u” or “Pelaut”, a cognate for “Sea Gypsies” for their nomadic and seafaring traditions. Over time, socio-economic pressures have prompted some families to move from their maritime lifestyle to coastal settlements.

Despite their historical ties to the region, the Bajau Laut face challenges regarding their legal status.

In Sabah, they are often labelled as “stateless”, lacking formal citizenship rights in Malaysia, and consequently vulnerable to poverty and discrimination.

While we commend the efforts of the state government and Chief Minister Datuk Seri Hajiji Md Noor in assisting stateless Bajau Laut seafaring nomads whose homes were demolished, we urge the Government and relevant stakeholders to:

1. Establish a Special Committee dedicated to addressing the unique challenges and needs of the Bajau Laut community in Sabah;
2. Engage in meaningful roundtable/dialogue sessions with representatives of the Bajau Laut community and relevant stakeholders to develop sustainable solutions to address their needs and concerns;
3. Take immediate steps to rectify any injustices inflicted upon the affected individuals and provide them with necessary support and assistance especially relocation to alternative housing, access to proper healthcare and education for the displaced community; and
4. Conduct a thorough and impartial investigation into the alleged misconduct, ensuring accountability for those found responsible.

As advocates for social justice, we stand in solidarity with the Bajau Laut community and all those affected.

We also note the concerns on border security raised by local authorities but such concerns cannot override that of human rights and dignity.

We are hopeful that the current government will adopt a more progressive approach based on care and compassion values, implement a balanced and inclusive mechanism in addressing the root causes of statelessness and marginalisation, including ensuring access to documentation and legal recognition of the rights of the Bajau Laut community. – June 14, 2024, Focus Malaysia

The Social & Economic Research Initiative (SERI) is a non-partisan think-tank dedicated to the promotion of evidence-based policies that address issues of inequality, particularly at the intersection of technology and society.