CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP (a) Outcome of Negotiations Issues surrounding the resettlement sites were resolved when all negotiating parties agreed on Tegulang and Melatun in the Belaga District. They also agreed to the composition of villages to be resettled. The Penan representatives urged the State Government to implement this expeditiously. Participants agreed on facilities to be provided by the State Government – a service centre, access to the jetty reservoir, agricultural land, playground, community hall, pre-school facility, foraging grounds and a new cemetery. The headmen unanimously agreed to the recommended plot and and its size, as compensation by the authorities to each household. Additionally, the dialogue noted that the State Government agreed to a financial allocation to enable animist Penan to perform their annual Batu Tungun Miring ceremony. The SEB will construct a ‘chapel’ near the Batu Tungun for the communities to perform the ceremony.5 Notwithstanding this, the Penan spokesperson reminded those present of the communities’ other demands. Among these are an allowance for each headman, allowance for Christmas expenses and provision of vehicle(s) in times of emergency. They requested a response in the shortest period of time. Participants also discussed the matter of assistance to Long Luar villagers whose settlement had been razed by fire. The Belaga DO expressed his commitment to assist the villagers. He said he had approached the Ministry of Rural and Regional Development, which later agreed to rebuild the longhouse and to construct houses for the victims once agreement had been reached on the resettlement sites. The dialogue also discussed problems relating to personal identification documents among Penan villagers. The Belaga District Office and the SPU have initiated visits to all villages in the area to collect the names of those who do not have a MyKad. The names will be submitted to the National Registration Department (NRD) for further action. The DO assured that he would obtain the NRD’s cooperation in conducting, at the very least, biannual visits to all villagers in the area with effect from the current year. While commending the efforts made ....... to ensure that the villagers are actively involved in this decisionmaking process, the Commission notes that the relocation of communities has come about forcibly ... This is against Article 10 of the UNDRIP. 5 The Batu Tungun is a rock located in Belaga and is believed by the Penan community to be the location where their first Penan ancestor arrived. The Miring ceremony is practised by animist Penan to appease the spirit of their ancestors. The ceremony is crucial for the Penan to obtain permission from their ancestors to move to the new locations and to ask for protection from misfortune. 79

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