Sunday, January 19, 2020

Environment and livelihood of fisherfolk - a Penang issue or a Malaysian issue? Pakatan Harapan governance in question?

Fishermen's livelihood and environmental jsutice versus Development and Money for State government > This is the issue surrounding Penang government's plan to build artifical islands...

The group said the PSR will jeopardise the livelihood of 4,909 fisherfolk and 511 fish farmers.
Sand mining involving the PSR will negatively impact 6,000 fisherfolks and fish farmers in northern Perak, it alleged.
Indigenous people(Orang Asli) customary land rights land and 'DEVELOPMENT:...

Lynas or its surrounding communities health and livelihood versus 'DEVELOPMENT' and monies for mining companies and others..

There are many such issues that arise ...It is an issue for all Malaysians - not just Penangites ...Pakatan Harapan helping fisherfolk in Tanjong Piai but then what about Penang...?

As CLIMATE CHANGE becomes a concern - this project also will cause climate change?

Is it even WISDOM spending so much monies, affecting the environment, livelihood of fishing communities...in an area that was affected by the recent TSUNAMI?

Now, when Penang was governed by the Opposition, and the Federal government by Barisan Nasional, Opposition states may have to find ways to make monies for the State's development BUT today both the Federal government and the Penang government are ruled by the same Pakatan Harapan government ...should Penang State government re-consider their plans which will impact the environment and the livelihood of some 4,000 over fisherfolk whose livelihood will be impacted by these artificial islands - the impact may be long term ...Will compensation only be JUST to the fisherfolk? The project will affect their livelihood ...not not but also in the future...and this building of an artificial islands will impact not just their fishing grounds but also other areas from where sand/soil will have to be taken and moved in the island building process...

Is there a shortage of land like Singapore? Not really, as there is so much more land available in Malaysia....remember that the MAIN reason for Penang government to build these 3 artificial islands is for MONEY for other purposes ...

Why is Penang even building 3 artificial island - we are not land-deprived like Singapore... Apparently the reason is to raise money to pay for LRT projects and highway projects..."to three artificial islands to be reclaimed south of Teluk Kumbar to be later sold to the highest bidder, as payment for building highways, a Light Rail Transit line and other modes of transport'
Penang government is going ahead and recently announced that it has identified  5 international teams ...and each given RM508,000 to submit plans...

The Penang government has shortlisted five international teams to design the three reclaimed islands in the Penang South Islands (PSI) project, following a RM2.5 million master-planning competition held since last November....Chief Minister Chow Kon Yeow said the five teams – each consisting of a foreign company with a Malaysian partner – were selected from a list of 27 chosen from an initial 124 submissions...He said the five teams were chosen based on their capability and experience in similar projects. A honorarium of US$125,000 (RM508,000) will be paid to each of the five teams. - FMT
Now, this '3 artificial island' issue in Penang is an issue that is being opposed not just by the affected fisherfolk...but by a lot of people and civil society ...including Penang Forum...[The peacelful assembly or protest in Panang MAY have had hundreds of thousands people taking to the street BUT allegedly the police placed a condition that permission given ONLY if less than 1,000? But over 4,000 fisherfolk, who could not participate had a HARTAL on that day - they did not go out to work to fish...

Silence on the part of Pakatan Harapan leaders...relevant Ministers...and the Cabinet on this issue is disturbing ...something that many of us would not have expected from this Coalition of HOPE (Pakatan Harapan) government ...

Penang is not ruled by DAP - but by Pakatan Harapan made out of Amanah, PKR, BERSATU and DAP...and Warisan too
See some earlier related posts:- 

Penang fishermen peaceful assembly only allowed if NOT MORE than 1,000? Totally unjust? 

Freedom of Assembly Curtailed - the Penang Fisherfolk and now the Dong Zong conference?

 


Press statement by Penang Tolak Tambak, SUARAM and [other CSOs], and memorandum  handed over to SUHAKAM on Thursday, 16 January 2019


Reclamation is a Travesty of Environmental Justice and Human Rights for vulnerable coastal communities

BACKGROUND

Environmental justice is about promoting the “fair” distribution of environmental benefits and burdens, as well as ensuring that vulnerable low-income communities do not bear the brunt of pollution, environmental degradation, and climate change.

Penang Tolak Tambak is an alliance between the Persatuan Nelayan Pulau Pinang and Penang Forum formed in mid-2019 to stop the destructive large-scale coastal reclamation projects in Penang, particularly the Penang South Reclamation (PSR).

This memorandum focuses on the PSR project. The Penang government’s project to reclaim 3 islands measuring 4,500 acres will produce major negative outcomes for environmental justice and human rights. The creation of three supposedly “smart and green” artificial islands which aims for affluent buyers and investors will be undertaken at the expense of vulnerable groups and the future generation.

This memorandum raises 5 issues of Environmental Justice affecting traditional /inshore/artisanal fishers (nelayan) and fishing communities which should be raised to the Penang State Government as project proponent and approver of the PSR project.

A. The PSR project will inflict “permanent damage” on Penang’s richest fishery and sensitive coastal ecosystem, impacting the livelihoods of 4,909 nelayan and 511 marine aquaculture operations. Sand mining for the PSR will affect an additional 6,000 nelayan and aquaculture operations in northern Perak.

B. Have the Penang government and the Department of Environment failed to observe the “precautionary principle” in climate mitigation and environmental protection?

C. Are the state authorities ignoring, overruling and undermining the traditional nelayan’s rights of tenure and access to the fisheries commons, by planning a project which destroys and pollutes the marine ecosystem?

D. Are the state authorities violating the principle of Free Prior and Informed Consent by deciding to proceed with the project despite the explicit objections of local fisher communities?

E. Did the authorities attempt to obstruct the fisherfolk’s protest and memorandum handover on Hari Solidariti Nelayan, 4 November 2019, by trying to deny the use of public space, imposing restrictive conditions, erecting police barricade and – despite permission given in the police letter – denying entry to the state assembly venue?



MEMORANDUM

The current trend of coastal reclamation projects as a development strategy in Malaysia is creating thousands of “victims of development” among vulnerable low-income coastal communities. Penang South Reclamation is an important test case for the defense of traditional nelayan’s human rights, against the “sea grab” of the fisheries commons by state and business interests. The deliberate erosion of fisheries rights for Penang and Malaysia’s nelayan, and the implications for our national food security and cost of living, poses a direct and monumental threat to the well-being of our country’s B40 population.

Two petitions to stop the Penang South Reclamation have been signed by more than 250,000 supporters (change.org, rainforest rescue). The numbers clearly demonstrate the groundswell of local, national and international support for these fisherfolk and for the protection of our marine ecosystems.

We have appealed to the Prime Minister of Malaysia and the Chief Minister of Penang to observe the “precautionary principle” for environmental protection and to stop/cancel the proposed Penang South Reclamation project.

We call upon SUHAKAM to advise the Penang State Government, developers, government officers, and fisheries authorities, to respect the fishing communities’ rights to Free, Prior and Informed Consent, and to conduct any consultations fairly and transparently with all legitimate representatives on board and observing mutually agreed due process. Any attempts to undermine the Persatuan Nelayan Pulau Pinang’s collective position by any party through, e.g., one-to-one negotiation and offering of incentives, or the exertion of undue pressures through malafide acts such as intimidation, coercion, or abuse of power in removal of normal subsidies or use rights, obstruction of access to fisheries, arbitrary demotion or disqualification of any nelayan, undermining the right to freedom of association, or de-platforming of the Persatuan Nelayan in any manner, should be forewarned and investigated.

We appeal to SUHAKAM to ensure that local fishing communities are not disenfranchised of their rights to the fisheries commons which has been their source of livelihood for generations. To protect the human rights of the nelayan, we call upon SUHAKAM to conduct a full investigation of the plight of the Penang and Perak nelayan threatened by the proposed Penang South Reclamation project.

We also call upon political representatives, government, civil society and the public at large to recognise coastal reclamation as an environmental justice issue affecting tens of thousands of nelayan and their fishing communities, and to support the nelayan’s rights by calling for the national proscription or ban on coastal reclamation proposals for urban development, as advised in the National Physical Plan 2020.



APPENDIX

A. Potential socio-environmental adverse impacts

The long list of negative environmental and social impacts of the Penang South Reclamation (PSR) are contained in various memoranda and petitions by Penang Tolak Tambak to the government. The points in brief:

1. The extent of environmental damage is acknowledged in the Malaysian Department of Environment’s letter of approval for the PSR project, dated 25 June 2019:

“…the development of the project will cause permanent and residual impact on mudflat ecosystems, fishing ground, turtle landing area, and some coral reefs in Pulau Rimau which is an important source of resources fishery. This permanent destruction will have a significant negative impact on the country's fisheries resources, fisheries and food security.” (translated)

Furthermore, the PSR project will generate 3.2 million tonnes of carbon emissions. Sand mining will destroy 820 square kilometres of seabed in Perak leading to the loss of fisheries, coastal erosion, and destruction of corals and turtle landing sites.

2. The extent of loss or impairment of nelayan’s livelihood is acknowledged by the Minister of Agriculture, speaking in Parliament on 16 July 2019:

“Penang South Reclamation (PSR) will affect 4909 nelayan on the island of which 1,422 comprise the traditional nelayan of Zone A. It is estimated that 51,184 metric tonnes worth RM595 million a year in marine fishery landings in Penang will be affected by this permanent destruction. The PSR project will also affect 511 aquaculture operations with a production of 45,742 metric tonnes worth RM 1.67 billion a year.” (translated)

Sand mining will also affect an additional 6,000 nelayan in northern Perak.

3. Small-scale fisheries will be devastated. In times of climate crisis and declining global fisheries resources, the UN Food Administration Organization (FAO) view sustainable small-scale fisheries as a key to food security and human rights. The impacts of marine pollution on inshore nelayan’s catch and the nearby fish farms will trigger price hikes in and beyond Penang, threatening the supply of seafood to B40 families and jeopardising national food security.

4. The National Physical Plan (2010) has clear policy statements forbidding coastal land reclamation (except for reclamation for the development ports of strategic national importance). It proposes an amendment to the Town and Country Planning Act 172 to include coastal land reclamation projects under Section 22(2A) to bring them within the purview of the National Physical Planning Council to provide advice. This recommendation should be immediately implemented.

5. The PSR project goes against the principles of socio-economic inclusivity and UNDP’s Sustainable Development Goals, especially: SDG1 (no poverty), SDG8 (decent jobs & economic growth), SDG10 (reduced inequalities), SDG11 (sustainable cities & communities), SDG13 (climate action) and SDG 14 (life below water).



B. Not applying the precautionary principle in protecting the environment

Principle 15 of the Rio Declaration notes:

"In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”

Decision-makers have a responsibility to anticipate harm before it occurs. Caution should be further observed where there are indications of uncertainty and irreversibility, and it is the responsibility of an activity-proponent to establish that the proposed activity will not (or is very unlikely to) result in significant harm.

1. Large-scale reclamation projects will cause environmental degradation, leading to a decline in fisheries. The Seri Tanjung Pinang 2 (STP2, 760 acres) and Gurney Wharf (131 acres) undertaken in the seas north of Penang Island, is showing signs of time and cost overruns, marine pollution and damage to fisheries. At the Sessi Aduan Nelayan undertaken at Tanjung Tokong and Bagan Ajam, the majority of nelayan complained that their catch has dwindled by 50–70% since the project started.

2. The authorities have not responded adequately to rectify this existing case of environmental degradation. The Penang State Government and Department of Environment have a duty to assess the impacts of previous reclamation projects and to evaluate whether future reclamation is advisable. While politicians may talk about the nelayan “leading better lives”, mitigating negative impacts and rehabilitating the fisheries, such an optimistic outlook has not been borne out by the STP2 experience.

3. The PSR project is expected to generate 3.2 million tonnes of carbon annually. If reported accurately, this will compromise Malaysia’s pledge to fulfilling its global climate goals.

4. The failure of the authorities to address environmental degradation suffered by existing stakeholders and future generations results in issues of gross environmental injustice. The issue of coastal reclamation must be more widely understood so that the culprits harming the ecosystem can be held accountable.



C. Ignoring the traditional nelayan’s tenure rights to the commons

Productive coastal areas are not mare nullis (empty sea), but the fishing grounds and main source of livelihood to these fishing communities. Island creation and coastal land reclamation projects imposed through top-down policies are “stealing our seas”, inflicting sudden and long-term distress to our fishing communities, and threatening their very survival. The Food Administration Organisation (FAO) explains the concept of governing tenure rights to the commons:

“Commons are natural resources such as land, fisheries and forests that a community, group of communities or group of people owns, manages and/or uses collectively to support their food security and sustain their livelihoods and well-being. Collective tenure rights are crucial for millions of people worldwide. Poor, marginalized, vulnerable and landless people rely most on commons, as they represent a source of income as well as a safety net in times of hardship for them. Commons are of important cultural, social and spiritual value to many communities worldwide and provide essential environmental services at local and global levels. The recognition of collective tenure rights to commons is, hence, a cornerstone to achieving sustainable development and the realization of the right to food.” http://www.fao.org/3/a-i5771e..pdf

1. Nelayan will lose the richest fishery in Penang waters. For generations, the traditional nelayan has been fishing in the sheltered, shallow seabed of Kawasan Selatan, and fishing communities have flourished along with the southern coast of Penang. Yet their rights to the fisheries commons are not being recognized and respected.

2. The nelayan will lose access to fisheries. The channels between the 3 PSR islands are created ostensibly to allow nelayan future access to the sea, but this is a moot point as the marine ecosystem and fisheries will be irreversibly damaged and regular siltation of the channels will impede access. Frequent conflicts are anticipated to arise between the local fisherfolk and the developers’ dredgers and tugboats at sea, as well as between local community and developers’ workers overland access to beaches, amenities, road space, etc.

3. Rich developers will gain a reclamation site but at the expense of the poor nelayan. The appropriation of sea and seabed of Kawasan Selatan for real estate development can be construed as a “sea grab” or “ocean grab” by state and big business, mainly to benefit privileged groups, including investors and property buyers. The state government is “trading off” the sustainable fisheries, fisheries commons, nelayan’s livelihood and food security for speculative economic gains.

4. The PSR project will put unprecedented demographic, environmental and housing pressures on local communities. Many residents, including nelayans’ families who are not property-owners, will be forced out by land price hikes and evictions. The breakdown of social cohesiveness will be speeded up, leading to loss of culture, heritage and way of life.

5. Current development in Penang Island South is already stressing the Kawasan Selatan community. Currently, 3 hostels for a total of 30,000 foreign workers are being built/proposed in the south; in some areas, residents will be overwhelmed 5 to 1 by foreign workers. The demographic changes caused by the projected 400,000 population on the PSR islands will further destabilize and displace the existing population of the kampung nelayan.



D. Not observing process of Free Prior and Informed Consent

Traditional fishing communities, like any indigenous peoples and long-settled local communities, are entitled to have a say in their own future. The Free Prior and Informed Consent (FPIC) principle is enshrined in the UN Declaration of the Rights of Indigenous Peoples and is also widely used to uphold the rights of local communities. Development for local communities without their FPIC – without them being involved in deliberations every step of the way – can be construed as a form of “takeover” of territory through “development aggression” foisted upon the stakeholders.

The Persatuan Nelayan Pulau Pinang formed under the Akta Persatuan Nelayan 1971 (Akta 44)), are the legitimate representatives of thousands of nelayan and other members engaged in the fisheries industry..

1. In a previous project (STP2), the fisheries authorities negotiated with the nelayan on behalf of the developers, bypassing the Persatuan Nelayan Pulau Pinang and pressuring the nelayan to accept the compensation or rather “consolation” (saguhati) offered by the developers, within a tight deadline, failing which the fisherfolk “would receive nothing”. The fisheries authorities which should be protecting the nelayan’s livelihoods were implicated in influencing the nelayan to give up their livelihoods for a small “consolation” – this indicates a conflict of interest and possible abuse of power. In the deliberations for the PSR project, the fisheries authorities seem to be playing the same role. The LKIM should be called out and held to account.

2. The PSR EIA was approved by the DoE even though the Social Survey component showed that only 17 nelayan agreed to the reclamation and 94.5% of the nelayan rejected it. In a poll of 635 respondents in the Impact Area made in 2016 (breakdown 300 general public, 200 fishing communities, 100 local business operators, 35 beach users), 51.1% of respondents agreed to the reclamation, but the vast majority of those who agreed were not nelayan stakeholders. In addition, a Social Impact Assessment under the KPKT was conducted in early 2019, but not made public.

3. The Penang State Government has decided to go ahead with the PSR project without the Free Prior Informed Consent (FPIC) of the main stakeholders. The Department of Environment also did not seek the nelayan’s views before granting the EIA Report a hasty approval on June 25, 2019. The Persatuan Nelayan has repeatedly voiced their objections to PSR starting with a demonstration of 1,500 nelayan in December 2015, and has written memoranda appealing to the Prime Minister, the Governor of Penang, and the Penang Chief Minister, copied to various ministers, MPs, and government agencies.



E. Attempts to obstruct the nelayan’s protest and memorandum handover

On 4 November 2019, the Persatuan Nelayan Pulau Pinang organised a protest called “Hari Solidariti Nelayan” in Padang Kota, Penang, participated by about 1,000 nelayan and civil society. The intention was to hand over a memorandum to the Chief Minister who was presiding over the Penang State Assembly in a session that Monday.

Although the protestors followed the rules, it appears that the authorities attempted to obstruct or restrict the peaceful assembly, as shown by this sequence of events.

1. The Persatuan Nelayan wrote to MBPP on 13 Sept 2019 to use the public space at Padang Kota, The Penang Island Municipal Council (MBPP) only replied on 25 Oct – that is, 10 days before the event – to say the request could not be considered because the field was undergoing repairs, asking them to postpone or find another venue. In fact, only small areas of the field were being repaired and right up till the day of protest, normal public use of the field could be observed.

2. After several meetings with the police, a letter was issued by the police on Fri 1 Nov 2019, stipulating the conditions to be observed during the peaceful assembly on Monday, 4 Nov. Among the conditions: no procession, and only 5 representatives would be allowed to enter Dewan Sri Pinang to hand over the memorandum.

3. After initial speeches, 5 leaders of Penang Tolak Tambak walked from Padang Kota to the Dewan Sri Pinang to present the memorandum. The other protestors tailed behind. Halfway, the protestors were met by a barricade erected by policemen dressed in riot gear and armed with plastic shields. This “show of force” by the police in a peaceful protest might be construed as subtle intimidation.

4. Only 5 representatives were allowed to proceed but when they arrived at the fence of the Dewan Sri Pinang, they were stopped from entering the compound, despite the police letter. The Chief Minister refused to meet the representatives of the 1,000 strong protestors and only sent the state information officer to receive the memorandum.

5. The Persatuan Nelayan Pulau Pinang and Penang Forum are very disappointed that the Penang government has refused to engage with the representatives of the protestors on Hari Solidariti Nelayan, 4 November 2019. This was the first protest in Malaysia to be held after the amendments to the Peaceful Assembly Act came into force on 1 November 2019, and we are disappointed that this government is not honouring the spirit of the amendments, guaranteeing greater freedom of assembly.

 This memorandum and statement is endorsed by:
1. Agora Society
2. Aliran
3. Angkatan Belia Islam Malaysia (ABIM)
4. Artivist Network
5. Beyond Borders Malaysia
6. Center to Combat Corruption & Cronyism (C4)
7. Consumers Association of Penang (CAP)
8. Desa Ria Residents Association, Penang
9. Gerakan Pembebasan Akademik (GPA)
10. Greenpeace Malaysia
11. Greensmiths
12. Klima Action Malaysia (KAMY)
13. Klimate Action Utara Malaysia
14. Majlis Perundingan Pertubuhan Islam Malaysia
15. Malaysia Muda
16. Malaysians Against Death Penalty and Torture (MADPET)
17. Natural Farming Association
18. PEKA Malaysia
19. Persatuan Aktivis Sahabat Alam (KUASA)
20. Persatuan Kebangsaan Pelajar Islam Malaysia (PKPIM)
21. Persatuan Kesedaran Komuniti Selangor (EMPOWER)
22. Persatuan Penduduk Petaling Jaya
23. Persatuan Persaudaraan Muslimah Malaysia
24. Persatuan Promosi Hak Asasi Manusia (PROHAM)
25. Persatuan Sahabat Wanita Selangor
26. Pertubuhan Alam Sekitar Sejahtera Malaysia (GRASS Malaysia)
27. Pertubuhan Kebajikan Nasiatul Aisyiyah / Aisyah Home
28. Pertubuhan Solidariti Hijau Kuantan (PSHK)
29. Pertubuhan Warisan Tanah & Teroka Bandar Pulau Pinang (NGO Teroka)
30. Sahabat Alam Malaysia
31. Save Malaysia / Stop Lynas (SMSL)
32. Suara Rakyat Malaysia (SUARAM)
33. Tanjung Bungah Residents Association
34. Teras Pengupayaan Melayu
35. University of Malaya Association New Youth (UMANY)
36. WH4C (Workers Hub For Change)


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Penang anti-reclamation coalition submits memorandum to Suhakam

Published:
Penang Rejects Reclamation, a group of NGOs and fisherfolk associations, have submitted a memorandum to the Malaysian Human Rights Commission (Suhakam) to plead for their help to stop the Penang South Reclamation (PSR).

Suhakam commissioner Jerald Joseph received the memorandum from the group which was represented by Penang Forum's committee member Khoo Salma Nasution and Penang Fishermen Association chairperson Nazri Ahmad.

Organised by Suaram, the memorandum is supported by 38 organisations.

A petition addressed to Prime Minister Dr Mahathir Mohamad calling for the reclamation to be halted has collected some 250,000 signatures since it was started last year.
 
The group - a collaboration between Penang Forum and Penang Fishermen Association - urged Suhakam to advise the state government, developer, and fishery authorities to respect the fishing communities' right to "Free, Prior and Informed Consent".



They called on the state government to hold fair and transparent negotiations by involving all stakeholders, urging the authorities to respect the proses of consensus between the groups.

"Any attempt by any party to disallow the collective standing of the Penang Fishermen's Association through, for example, one-on-one negotiations and offering of incentives, or to impose undue pressure through acts of mala fide such as intimidation, coercion, or abuse of power in the removal of subsidies or common rights, obstructing access to fisheries, arbitrary actions to downgrade or disqualify any fisherman, deny the right to freedom of association, or otherwise restrict the fishermen's union by any means, should be warned and investigated," the memorandum read.

"We urge Suhakam to ensure that local fishermen are not denied their rights to the fisheries resource area that has been their source of livelihood for generations," the memorandum added.

They also called on Suhakam to conduct a full investigation of the Penang and Perak fisheries problem threatened by the South Penang Reclamation project.

The group also urged political representatives, governments, civil society and the general public to 

recognise that coastal reclamation is an issue of environmental justice involving tens of thousands of fishermen.

They asked that the rights coastal fishermen be protected by prohibiting reclamation as stated in the National Physical Plan 2020.

"Environmental justice is to ensure that low-income communities do not suffer the effects of pollution, environmental degradation and climate change," the group insisted.

Involving three artificial islands covering 4,500 acres (1,820 hectares), the reclamation project's negative impact on environmental justice and human rights, are the main focus of the memorandum.

Located on Bayan Lepas, the islands, which will supposedly be "smart and green", are targetted at property buyers and investors, but activists claimed it will marginalise the lower income group, as well as future generations.

The memorandum raises five points on environmental justice which involves traditional and coastal fisherfolks, who should be the concern of the Penang government, as the implementor of the project.

The group said the PSR will jeopardise the livelihood of 4,909 fisherfolk and 511 fish farmers.

Sand mining involving the PSR will negatively impact 6,000 fisherfolks and fish farmers in northern Perak, it alleged. - Malaysiakini, 17/1/2020

Penang land reclamation group submits memorandum to Suhakam, wants project probed for rights violations




Penang Forum committee member, Khoo Salma Nasution, gives a copy of the Penang Tolak Tambak memorandum to Suhakam commissioner Jerald Joseph in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
Penang Forum committee member, Khoo Salma Nasution, gives a copy of the Penang Tolak Tambak memorandum to Suhakam commissioner Jerald Joseph in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
KUALA LUMPUR, Jan 16 — The Penang Tolak Tambak ad hoc group today appealed to the Human Rights Commission of Malaysia (Suhakam) to conduct a full investigation of the plight faced by fishermen affected by the proposed Penang South Reclamation (PSR) Project.

Penang Forum committee member Khoo Salma Nasution, when submitting a memorandum to Suhakam over the matter, said the deliberate erosion of fisheries rights posed a monumental threat to the nation’s food security and inflict ‘permanent damage’ on Penang’s richest fishery and sensitive coastal system.

The adverse effect, Khoo added, would harm the livelihoods of some 4,900 fishermen and 500 marine aquaculture operations.

“We call upon Suhakam to advise the Penang state government, developers, government officers and fisheries authorities to respect the fishing communities’ rights and to conduct any consultations fairly and transparently with all legitimate representatives on board.

“Any attempts to undermine the Persatuan Nelayan Pulau Pinang’s collective position by any party in any a manner should be forewarned and investigated,” she said at the Suhakam headquarters here.
Penang Forum committee member, Khoo Salma Nasution, at the handover of the Penang Tolak Tambak memorandum in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
Penang Forum committee member, Khoo Salma Nasution, at the handover of the Penang Tolak Tambak memorandum in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
Penang Tolak Tambak — an ad-hoc coalition between Penang’s Fishermen Association and Penang Forum — was formed mid-2019 to stop the destructive large-scale coastal reclamation projects in Penang.

Khoo also said they were appealing to Suhakam to ensure that local fishing communities are not disenfranchised of their rights to the fisheries commons which has been a source of livelihood for generations.

“To protect the human rights of the nelayan (fishermen), we call upon Suhakam to conduct a full investigations of the plight of the Penang and Perak nelayan threatened by the proposed PSR project,” she said.

The memorandum submitted to Suhakam today was also endorsed by 36 civil societies group including prominent environmentalist groups such as Greenpeace Malaysia, Sahabat Alam Malaysia and Klima Action Malaysia (KAMY).

The memorandum titled “Reclamation is a Travesty of Environment Justice and Human Rights for vulnerable coastal communities” outlined five issues to be raised to the Penang state government as project proponent and approver of the PSR project.
Suhakam commissioner Jerald Joseph speaks to reporters during the handover of the Penang Tolak Tambak memorandum in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
Suhakam commissioner Jerald Joseph speaks to reporters during the handover of the Penang Tolak Tambak memorandum in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
Suhakam commissioner Jerald Joseph, who received the memorandum, said Suhakam was well-aware of various complaints it had received the past several months over the PSR project.

“We will continue to meet with the stakeholders. We will continue to find out more information as we understand meetings have taken place with the affected NGOs.

“The framework here is transparency and involvement of all stakeholders in the matter,” he said while acknowledging the group’s concerns.

Lawyer Datuk Ambiga Sreenevasan, who is the legal representative for Penang Tolak Tambak, urged the Penang state government to be extremely responsibly by the manner on how they were proceeding with the reclamation plan

“The basis for the reclamation, I am not sure whether it is wholly justified... the Penang Transport Master Plan (PTMP) I am not sure that is a good basis.

“Our concern is that we have the National Physical Plan in place but we are not sure if the PSR have accorded to this plan,” she said.



Penang Forum committee member, Khoo Salma Nasution, and legal representative for Penang Tolak Tambak, Datuk Ambiga Sreenevasan, at the handover of the Penang Tolak Tambak memorandum in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
Penang Forum committee member, Khoo Salma Nasution, and legal representative for Penang Tolak Tambak, Datuk Ambiga Sreenevasan, at the handover of the Penang Tolak Tambak memorandum in Kuala Lumpur January 16, 2020. — Picture by Hari Anggara
She also expressed delight that Suhakam was looking into the matter, saying she also hoped absolute transparency prevails as the matter concerned the lives of people living at present time and the future generations.

“I am appealing to the Penang state government to please deal with this issue extremely responsibly in light of climate change and environmental disaster that we are seeing over the world,” she said.

Under the PSR project, the state government is proposing to reclaim 4,500 acres of the sea through three man-made islands south of Penang International Airport towards the east around Permatang Damar Laut to create a land bank to fund the PTMP.

The state plans to sell the reclaimed land to raise funds for the PTMP that includes a Light Rail Transit (LRT) and the controversial Pan Island Link 1 (PIL1) highway.

PIL1 is a 19.5km highway that is estimated to cost RM7.5 billion while the LRT, to cover 29.5km, is estimated to cost RM8.4 billion.

Environmentalists opposed to the PSR project have argued that such a project would adversely impact the livelihood of fishermen and the marine ecosystem in the southern part of the island. - Malay Mail, 16/1/2020




Penang shortlists 5 teams to design ‘3 islands’ reclamation project

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Chief Minister Chow Kon Yeow (seated, third from left) with representatives from the five international teams shortlisted to design the Penang South Islands project, at Komtar in George Town today.
GEORGE TOWN: The Penang government has shortlisted five international teams to design the three reclaimed islands in the Penang South Islands (PSI) project, following a RM2.5 million master-planning competition held since last November.

Chief Minister Chow Kon Yeow said the five teams – each consisting of a foreign company with a Malaysian partner – were selected from a list of 27 chosen from an initial 124 submissions.

He said the five teams were chosen based on their capability and experience in similar projects. A honorarium of US$125,000 (RM508,000) will be paid to each of the five teams.

The teams are Bjarke Ingels Group (Denmark) with Hijjas Architects and Planners; Foster + Partners (UK) with GDP Architects Sdn Bhd; MVRDV (Netherlands) with aLM Architects; Tekuma Frenchman Urban Design (United States) with Eowon Architects; and UN Studio (Netherlands) with Architects 61 Sdn Bhd.
One design will be selected by next month and the team given the chance to be the “lead masterplan designer” of the proposed three islands covering 1,821ha.

It will also get to propose the names for the islands which, for now, will be collectively known as the Penang South Islands, as opposed to Penang South Reclamation (PSR) previously.

The winners will also help the government decide what activities should be carried out on the islands.

The state government wants Island A – near the airport runway – to be largely devoted to industries, although all three islands will have mixed development projects.

Chow said a master jury panel will begin to deliberate the five teams’ proposals early next month, adding that he hopes they would “capture the diverse and unique Penang qualities and characteristics”.

The competition was jointly organised with the Malaysian Institute of Architects (Northern Chapter) and the Board of Architects Malaysia.

The estimated RM46 billion PSI reclamation project will help finance public transport and new highways, with the reclaimed land to be sold to the highest bidder.

The project measures nearly 17 sq km, with the islands – measuring 9.3 sq km, 4.45 sq km anf 3.23
sq km – to be located off the coast of Permatang Damar Laut, near Bayan Lepas. It has obtained approval from Putrajaya.

The project will be undertaken by SRS Consortium Sdn Bhd, a joint venture between Gamuda Bhd and Penang real estate development firms Loh Phoy Yen Holdings Sdn Bhd and Ideal Property Development Sdn Bhd. - FMT, 16/1/2020

Friday, January 17, 2020

Justice For Murder Victim’s Families Is Not Death Penalty But A Better Administration Of Justice And Adequate Compensation For Their Loss (MADPET)

Media Statement – 16/1/2020

Justice For Murder Victim’s Families Is Not Death Penalty But A Better Administration Of Justice And Adequate Compensation For Their Loss

MADPET (Malaysians Against Death Penalty and Torture) acknowledges the desire of families and friends of murder victims for justice, which reasonably should be that murderers, and hopefully also the persons that ordered and paid for the killing of their loved ones, be identified, investigated, prosecuted and accorded a fair trial. If convicted, they ought to be punished. However, MADPET disagree that the death penalty ought to be retained to ensure justice.

The families of the late deputy public prosecutor Datuk Kevin Morias, millionaire Datuk Sosilawati Lawiya, bank manager Stephen Wong Jing Kui, university student Chee Gaik Yap, Annie Kok, one-year-old Muhammad Hafiz Idris and his 4 year old sister Nurulhanim Idris was reported to have met with the Select Committee for Abolition of Death Penalty chaired by former Chief Justice Tan Sri Richard Malanjum at Parliament on Tuesday (14/1/2020) to urge for the retention of the death penalty.(Malay Mail, 14/1/2020, New Straits Times, 14/1/2020, FMT, 13/1/2020)

No One Wants An Innocent Man To Be Executed

MADPET also believes that no one, including the family and dependents of murder victims, wants anyone to be wrongly convicted or executed. We recall one recent  case in Asia where an innocent man was wrongly executed, whereby in January 2011, Taiwan’s Ministry of Justice admitted that Chiang Kuo-ching, a private in the Air Force, had been executed in error in 1997 for a murder committed 15 years previously.

“No criminal justice system is perfect. You take a man’s life and years later, you find out that another person did the crime. What can you do?” - Datuk Seri Nazri Abdul Aziz, the then Minister in the Malaysian Prime Minister’s Department.

Risk Of Miscarriage Of Justice in Malaysia Is Real

In Malaysia, the risk of this miscarriage of justice is high. In our system of administration of justice made up of the  police, prosecutors, lawyers, judges and/or even witnesses can make mistakes that may lead to the conviction and execution of innocent persons. It can also lead to the real perpetrators and masterminds evading justice.

In the case of the murder of Bill Kayong, a human rights defender, 4 persons were jointly tried, where 1 was charged for murder and the other 3 were charged for abetment of murder. At the close of the prosecution case, the High Court acquitted 3 because the prosecution failed to adduce sufficient evidence to prove the charge.  Only one Mohd Fitri Pauz was convicted and sentenced to death by the High Court in August 2018. A perusal of the judgment points towards a possible failure of the prosecution to adduce sufficient evidence, even circumstantial evidence, to even satisfy the Judge to ask the 3 abettors  to enter their defence. The 3 were acquitted.

In the murder case of N Dharmendran, who was killed in police custody, all 4 police officers were acquitted. For a crime that happened in police custody, it is odd that there was no evidence linking those who had been charged to the torture and/or killing of the victim.

Attention also must be drawn to the inquiry findings of the Enforcement Agency Integrity Commission (EAIC) into the death of Syed Mohd Azlan Syed Mohamed Nur that concluded that the police caused the death and worse that the police also tampered and/or removed evidence.

In both the cases of Dharmendran and Syed Mohd Azlan, recently the High Court following civil suits initiated by the families awarded compensation to the families but sadly none of the police officers who tortured and killed seems to have been convicted.

Then, we have the case of Wang Kelian, where more than 150 remains of foreigners, believed to be human trafficking victims, had been exhumed from shallow, unmarked graves. We recall that an  exhaustive, two-year investigation by the New Straits Times Special Probes Team into the mass killings in Wang Kelian in 2015 suggested a massive, coordinated cover-up. ‘One of the biggest revelations was that the human trafficking death camps had been discovered months earlier, but police only announced the discovery on May 25…Another huge question mark was why did police order the destruction of these camps, which were potential crime scenes, before they could be processed by forensics personnel?...’(New Straits Times, 20/12/2017)

We recall also how the former Attorney General/Public Prosecutor decided not to proceed with charging anyone for the IMDB and/or SRC cases.

All these, and many other cases raises much questions about the state of the administration of justice in Malaysia, and more importantly escalates the possibility of miscarriage of justice which may result in the wrongful conviction of innocent persons, which may also result in wrongful executions if the death penalty was retained in Malaysia.

Justice demands a comprehensive honest investigation by the police, enforcement agencies and the prosecution, and where sufficient evidence is obtained a prosecution of accused persons and a fair trial by competent judges.

The government must no longer tolerate incompetence and wrongdoings of the police, enforcement officers, prosecutors and judges. It ought to remove ‘bad apples’ in our administration of justice and not merely subject them to disciplinary actions.

How many investigation of cases of murder have not even resulted in identification of alleged perpetrators and/or a trial in Malaysia?  

During the rule of the Barisan Nasional, the government stopped providing Malaysians with clear statistics as to the actual number of murders, rape and other crimes and it is MADPET’s hope that the new Pakatan Harapan government will now start to disclose actual figures of crime including murder, together with the status of investigation and prosecution. A crime index which lumps several offences together really does not tell us how many murders have occurred, and how many such murder cases remain unsolved. Justice demands thorough investigations followed by proper prosecution.

For murder, it is not just the actual killer that need to be identified and/or prosecuted but also all others who paid the killer to kill or ordered the killing. The abolition of the mandatory death penalty, coupled with the possibility of reduced sentences for information and evidence of those who ordered or paid another to kill will bring about greater justice, and reduce the possibility of the guilty escaping justice.

It is hoped that our new Pakatan Harapan government will do the needful to improve our administration of justice to ensure that justice is truly done.

Additional Justice For Family Of Victims And Victims of Crime –  Compensation

The families of murder victims today cannot even rely on the fact that the perpetrators have already been found guilty and convicted for murder by court, in a civil suit seeking damages and/or compensation from the perpetrator.

This is because section 43 of the Evidence Act does not allow this. ‘The family of Mongolian model Altantuya Shaa­rii­buu will have to prove her brutal killing all over again as the civil High Court has ruled that evidence from the murder case, which found two police officers guilty, cannot be used in the civil case.’(Star, 2/10/2018)

This section ought to be amended so that families of victims or victims of crimes, ought to be able to use these conviction as proof of the alleged crime rather than being forced to prove all over again in a new court case the fact that the perpetrator killed, raped or committed a crime against the victim.
In criminal cases, the courts should also order the perpetrators to pay victims adequate damages and/or compensations.

Families Were Merely Objecting To Removal Of Death Penalty For Murder?

It must be noted that these were families of victims that were murdered or killed, but in Malaysia there are many offences that carry the death penalty, and some even the mandatory death penalty, for offences that do not even directly result in the death or injury of the victim.

Some offences that now have the mandatory death penalty for crimes that do not result in death of victims include drug trafficking and certain listed offenses under section 3 and 3A of the  Firearms (Increased Penalties Act 1971)  where a firearm is discharged, both the person who discharged the firearm and the accomplices will face the mandatory death penalty, when committing the following 6 crimes - 1. Extortion, 2. Robbery, 3. The preventing or resisting by any person, of his own arrest or the arrest of another by a police officer or any other person lawfully empowered to make the arrest. 4. Escaping from lawful custody, 5. Abduction or kidnapping under sections 363 to 367 of the Penal Code and section 3 of the Kidnapping Act 1961 [Act 365], and 6. House-breaking or house-trespass under sections 454 to 460 of the Penal Code.

The offences that carry the mandatory death penalty that results in death of the victim other than Murder(sec. 302 Penal Code) are Committing terrorist acts where the act results in death (sec. 130C (1)(a) ]; and Hostage taking where the act results in death (sec. 374(a) Penal Code).

Whilst the views of these family of murder victims ought to be considered, justice demands that Malaysia ought to abolish the death penalty without any more delay. It must be acknowledged that there are also many family members of murder victims that are strong advocates for the abolition of the death penalty.

The risk of miscarriage of justice demands that we do not wrongly extinguish the life of a fellow human being, and the only real solution is the total abolition of the death penalty.

Perpetrators of crime must be punished but never put to death. We do not cut off the hand of a criminal who by his crime resulted a victim to lose an arm. Likewise, we should not kill someone who killed another.

MADPET reiterates its call for the total abolition of the death penalty;

MADPET urges the government to not procrastinate and promptly abolish the mandatory death penalty in the upcoming Parliamentary session, which hopefully will follow soon thereafter with the total abolition of the death penalty;

MADPET also calls for improvement of administration of justice in Malaysia, especially in the quality of the police, enforcement officers and the prosecution to ensure that justice be done;

MADPET also calls for the provision of compensation and/or damages to murder victims and victims of crime, and for the amendment of section 43 of the Evidence Act 1950 to allow victims to use the fact of conviction as prove of the liability of the perpetrators in their claims for compensation and damages in court.; and

MADPET also calls on the government to abolish Detention Without Trial laws and all unjust laws speedily.

Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

What about our feelings? Kin of murder victims lash out at death penalty repeal

Tan Siew Lin, mother of Annie Kok Yin Cheng, holds back tears as she speaks during a news conference at the Legal Affairs Division of the Prime Minister's Department in Putrajaya January 14, 2020. — Picture by Yusof Mat Isa
Tan Siew Lin, mother of Annie Kok Yin Cheng, holds back tears as she speaks during a news conference at the Legal Affairs Division of the Prime Minister's Department in Putrajaya January 14, 2020. — Picture by Yusof Mat Isa
PUTRAJAYA, Jan 14 — Several family members of murder victims have accused Putrajaya today of purportedly being insensitive towards their feelings with its move to abolish the capital punishment.

They claimed that justice will not be served as long as killers are allowed to walk free, while others may use loopholes in the system to avoid the gallows.

“We used to celebrate her birthday together on the sixth on June every year. Now she’s dead but the government is considering abolishing the death penalty.

“How is this fair? If he is let loose I will find him or ask someone to find him and shoot him dead,” said Tan Siew Lin, referring to her late teen daughter Annie Kok Yin Cheng, who was murdered and raped in 2009.

“For us there is no closure as long as we know these criminals are out free or that there is a chance for them to escape the death penalty,” she added.

Tan said she tried handing over a memorandum with 97,000 signatures from those opposing the abolition of the death penalty to lawmakers last year. She claimed she was refused entry into the Parliament.

A guest must be accompanied by an MP to enter the Parliament.

“The government doesn’t understand our pain. If it abolishes it, we will make noise,” added Tan, whose daughter’s killer, Rabidin Satir, is currently awaiting trial on several charges of rape and theft.
Representatives and family members of murder victims who refuse to accept the abolishment of the death penalty pose for a group photo in Putrajaya January 14, 2020. — Picture by Yusof Mat Isa
Representatives and family members of murder victims who refuse to accept the abolishment of the death penalty pose for a group photo in Putrajaya January 14, 2020. — Picture by Yusof Mat Isa
Today, family members and representatives of the alleged murder victims — Datuk Kevin Morias, Datuk Sosilawati Lawita, Stephen Wong Jing Kui, Chee Gaik Yap, Annie, Muhammad Hafiz Indris, and Nurulhanim Idris — attended a meeting with a Parliamentary Select Committee here to plead against the repeal of the death penalty.

The family members said they all felt the committee has already made up their mind to abolish the death penalty, and the meeting was just a formality.

“They asked us, if the death penalty is imposed and the perpetrator is killed, will that bring your loved ones’ back to life and will it really make us happy?

“I feel this is a silly question,” said Mansur Ibrahim, representing the family of toddlers Hafiz and Nurulhanim.

Mansur said countries who have removed the death penalty are now bringing it back as there has been an uptick in crime, but did not provide any examples to back his claim.

Out of 195 members of United Nations, only 55 countries still retain the death penalty.

“Seems as though they’ve already set their minds to abolish the Act. We just met them as a formality,” said Alan Ong Yeow Fooi, representing Morais and Sosilawati.

Tan Sri Robert Phang claimed that Malaysia could be a haven for criminal activity if capital punishment is abolished. He also did not provide any proof to back his claim.

“If the public demands it, then a referendum should be made to not abolish the death penalty,” Phang said.
Tan Siew Lin (left) holds up news clippings of her daughter Annie Kok Yin Cheng as she speaks during a news conference at the Legal Affairs Division of the Prime Minister's Department in Putrajaya January 14, 2020. — Picture by Yusof Mat Isa
Tan Siew Lin (left) holds up news clippings of her daughter Annie Kok Yin Cheng as she speaks during a news conference at the Legal Affairs Division of the Prime Minister's Department in Putrajaya January 14, 2020. — Picture by Yusof Mat Isa
At the meeting today, the select committee was represented by Tan Sri Richard Malanjum, Tan Sri Zahrah Ibrahim, Datin Paduka Sri Zauyah Be, Datuk Mah Weng Kwai and Dr Farah Nini Dusuki.

The Pakatan Harapan government made a historic decision on December 2018 by voting in favour of a United Nations resolution for member states that still retains the death penalty to establish a moratorium on executions with a view to abolishing this punishment.

Two months after being voted into power in May 2018, the government ordered in July that year a suspension of all pending death sentences. However, it has since demurred on total abolition of the capital punishment.

The Cabinet has been mulling three options: total abolition of the death penalty; or making the death penalty non-mandatory for crimes such as murder; or giving judges full discretion during sentencing for those convicted under Section 39B of the Dangerous Drugs Act.

The abolition is expected to be tabled in the Parliament in March. - Malay Mail, 14/1/2020



Related Articles

'No to abolishing mandatory death sentence'

Pix for illustration purposes only.
PUTRAJAYA: Family members and representatives of murder victims are vehemently against any move to abolish the mandatory death penalty for heinous crimes, including premeditated killings.

They expressed their firm stand in a 90-minute meeting with the Select Committee for Abolition of Death Penalty chaired by former Chief Justice Tan Sri Richard Malanjum on Tuesday.

The families comprised that of the late deputy public prosecutor Datuk Kevin Morias, millionaire Datuk Sosilawati Lawiya, bank manager Stephen Wong Jing Kui, university student Chee Gaik Yap, Annie Kok, one-year-old Muhammad Hafiz Idris and his sister Nurulhanim Idris, 4.

Tan Siew Lin, 57, the mother of Kok, who was 17 years old when she was raped and killed at her house in 2009, wants her killer to hang.

"If he is freed, I will hunt down that person myself,” said Tan, who still cries in the bathroom when she thinks of Kok.

"I will only have peace when her killer is dead," she told reporters after the meeting, adding no one could truly understand how the families of murder victims felt until they themselves experienced it.

The families, in a joint statement said they strongly felt criminals who planned, raped, kidnapped, maliciously and deliberately killed their victims in cold blood deserved to hang.

"We want a life for a life, no less. Take note, the killer(s) took not just one precious life, but also destroyed many others’, including ours.

"We will not accept compensation from the government or killers’ family in order to absolve the criminals from capital punishment. If they have the courage to kill, they must also have the courage to take responsibility for their actions, ie. be hanged. This is our rule of law," the statement said.

The families added they had seen killers freed more often than hanged.

"The justice system should be getting justice for victims, not to protect criminals.

"We are very sad to see the government working closely with only pro-abolition NGOs to remove the death penalty.

"Some of these NGOs are privately well-funded. Some are even funded by the government, They are equipped with resources to fight for freedom of the criminals. Victims like us have nothing.

“Some of us had to borrow money to bring the cases to civil court," they said.

The families said they were sad to see that the government seems to be fighting only for the benefit of criminals.

“We feel betrayed and abandoned.”

In removing the mandatory death penalty, they said it would only make "death penalty" be seen on paper, but not in practice.

"Have you (the government) done your research to see how our neighbours keep the death penalty to protect the people and keep the city safe?"

Social Care Foundation Malaysia chairman Tan Sri Robert Phang urged the government not to abolish the mandatory death sentence.

"Don't ever make Malaysia a paradise for criminals." - New Straits Times, 14/1/2020

Families of high-profile murder victims to state opposition to death penalty abolition

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(Clockwise from top left) Kevin Morais, Stephen Wong Jing Kui, Chee Gaik Yap, Annie Kok Yin Cheng and Sosilawati Lawiya.
PETALING JAYA: Families of three murder victims will meet Putrajaya’s special committee to review the mandatory death sentence tomorrow, ahead of a report on its findings expected this month.

They are expected to voice their opposition against any move to replace the mandatory death sentence.

They include families of deputy public prosecutor Kevin Morais, cosmetics business owner Sosilawati Lawiya, banker Stephen Wong Jing Kui, UUM graduate Chee Gaik Yap and teenager Annie Kok Yin Cheng, both of whom were raped and murdered in 2006 and 2009 respectively.

A statement by their family members said they would meet former chief justice Richard Malanjum, who heads the Special Committee on the Study of the Alternative Sentence to the Mandatory Death Sentence and other members.
The statement said the calls to abolish the death sentence from “liberal pro-abolition NGOs” as well as government leaders have ignored the victims of the convicted individuals.

“Sadly the dead victims do not have a voice and their families do not have the support of the current Cabinet and they do not have any platform to speak up on this issue,” they said. - FMT, 13/1/2020