By 
28-09-2024
Valentina Stivanello-Gussoni
Southeast Asia & Pacific Researcher,
Global Human Rights Defence.
Sarawak, a state in Malaysian Borneo, is home to vast rainforests that have sustained Indigenous communities such as the Kayan or the Penan for generations. These forests are pivotal to their livelihoods, culture, and identity, but are under severe threat from large-scale deforestation driven by timber and palm oil plantations. The state’s weak legal framework fails to recognise Indigenous Peoples’ customary land rights, allowing land appropriations without the free, prior, and informed consent of the affected Indigenous communities and leaving their ancestral lands vulnerable to exploitation [1] [2].
Sarawak’s Indigenous communities face significant legal challenges in securing and protecting their lands. By way of example, Malaysian authorities hold the power to revoke Indigenous land titles without consent or compensation, and companies are granted special leases to operate in unsurveyed areas. While these companies are required to report and exclude Indigenous land from their concessions if they encroach upon it, there are no penalties for non-compliance, enabling them to easily disregard Indigenous claims [1].
The new EU Regulation on Deforestation-free Products aims to reduce the import of commodities linked to deforestation and human rights abuses, including wood and palm oil. Under this regulation, countries or parts thereof shall be classified as “low, standard, or high risk” by the end of 2024, with stricter due diligence and increased customs controls for imports from high-risk areas [1] [3].
As the Malaysian government does not adequately address the human rights violations suffered by Indigenous communities nor effectively commit to preserve the remaining forests, Human Rights Watch and other Indigenous, human rights, and environmental organisations filed a submission to the European Commission urging to classify the state of Sarawak as a ‘high risk’ area under the new EU regulation [4].
The EU regulation holds potential to contribute to the protection of both Indigenous rights and forests in Sarawak, but its effectiveness largely depends on the development and enforcement of transparency, traceability, and accountability mechanisms within the timber and palm oil supply chains. Without robust enforcement, Sarawak’s Indigenous communities may continue to face challenges as global demand for these commodities increases [2] [4].
Sources and Further Readings:
[1] Human Rights Watch (September 23rd, 2024), EU: Address Indigenous Rights Violations in Malaysian Imports. Consulted on September 28th. Retrieved from https://www.hrw.org/news/2024/09/23/eu-address-indigenous-rights-violations-malaysian-imports.
[2] The Borneo Project (September 26th, 2024), Why Sarawak should be high risk under the new EU deforestation rules. Consulted on September 28th. Retrieved from https://borneoproject.org/why-sarawak-should-be-high-risk-under-the-new-eu-deforestation-rules/.
[3] Human Rights Watch (September 9th, 2024), EU Should Address Human Rights Risks to Achieve Deforestation-Free Supply Chains. Consulted on September 28th. Retrieved from https://www.hrw.org/news/2024/09/09/eu-should-address-human-rights-risks-achieve-deforestation-free-supply-chains.
[4] Human Rights Watch, RimbaWatch, Bruno Manser Fonds, Keruan, SAVE Rivers, The Borneo Project (May 21st, 2024), Submissio
Hi! I just finished reading your post, and I must say it’s incredibly well-written! You’ve touched on a lot of key areas that I think often go unnoticed, and I found your breakdown particularly engaging. This is a topic that I relate to, and I’m certain your readers will find it very useful as well. Thanks again for providing such valuable content, and keep up the fantastic work!