Chapter 2 - Report of the Complaints, Monitoring and Inquiries Group (f) Murum Dam A group of Penan and activists have long expressed concern about the construction of the Murum Dam in Sarawak. According to them, the construction activities have encroached into customary land which would have considerable impact on the life, socio-economy, culture, tradition and beliefs of the Penan community, and on the environment. Members of the community claimed that they had not been consulted and that there was no process to obtain their free, prior, informed consent on matters related to the project. No agreement had been reached either on issues of relocation, compensation and remedy to the community. As a result, the community set up a blockade to express their objections to the project. The police were called in to disperse the crowd. It was reported to the Commission that the police had fired warning shots into the air, and that two children were detained. The Commission has written to the Sarawak Government, Sarawak Energy Board and the police. It also plans to arrange a meeting between the authorities and the Penan community. (see ‘Report of the Sarawak Office’ on page 117) (g) 13th General Election In the run-up to the 13th General Election, the Commission called upon members of public to report any human rights infringements. It received 59 complaints, of which 56 were related to election procedures that fall under the jurisdiction of the EC. The remaining three were related to general matters. The use of indelible ink and pencils at polling centres topped the list of complaints. On 18 June, the Commission sent the complaints and a compilation of the issues to the EC for action. On 19 June, the EC responded, saying it had formed a committee to investigate the use of indelible ink, and requested more information on the other issues raised. The Commission, on 1 October, met the independent observers who had been appointed by the EC to monitor the election process. They outlined key issues and offered recommendations: (i) Electoral roll There is a need to improve the electoral roll, as highlighted by expert groups that have carried out in-depth studies. (ii) Size of constituencies and redelineation exercise The size of constituencies should be normalised by ensuring that the discrepancy is limited and not more than 15% of the average constituency in each state. This would be in line with the Federal Constitution. (iii) Independence of the EC The EC should be independent of the Prime Minister’s Department, its members should be made accountable to, and appointed by, a permanent and bipartisan Special Parliamentary Committee. The EC should also have powers to recruit its own staff, independent of the civil service. 47