Showing posts with label Save Malaysia Stop Lynas. Show all posts
Showing posts with label Save Malaysia Stop Lynas. Show all posts

Tuesday, September 2, 2014

Lynas gets full operating licence before TOL expiry date!

By Eileen Ng. Published by The Malaysian Insider on 2 September 2014.
The Lynas rare-earth refinery in Gebeng, Pahang has been granted a Full Operating Stage Licence (FOSL), days before its two-year Temporary Operating Licence (TOL) expires midnight today.
The Atomic Energy Licensing Board (AELB) director-general Hamrah Mohd Ali said the board met on August 21 and agreed to issue a two-year FOSL to Australian rare earth miner and producer Lynas after it fulfilled all the conditions set.
"They have complied with all the conditions set by us during the TOL stage and that is why the licence was issued," he told The Malaysian Insider when contacted today.
He said this included having a permanent disposal facility, a condition set by the TOL, which Lynas detractors had accused the Australian company of failing to comply with.
To this Hamrah said: "We work based on science and facts, not hearsay. They have submitted all the relevant documents to the board which showed they have complied with the conditions set and that is why we granted the licence to them."
Hamrah said the board could issue FOSL of between one and three years but he could not explain why Lynas was given a two-year licence.
"It is up to the board to decide on the tenure of the licences. Lynas is one of the 2,000 plants in Malaysia where we issue licences but the company can renew their licence after the two years has lapsed," he said.
The Australian mining company chose Malaysia for its operations following generous incentives including pioneer status and a 12-year tax holiday. It employs some 300 personnel in its Kuantan facility.
Despite strong protest from environmentalists, in September 2012, the AELB granted Lynas (Malaysia) Sdn Bhd a TOL for a two-year period ending on September 2, 2014.
In December last year, the board said Lynas had submitted last July the results of its research on recycling its waste for commercial purposes.
However, it said further study was needed on the findings.
The main concern over the rare-earth processing plant was contamination of the coastal environment and the adverse health impact which could result from the mismanagement of radioactive waste streams.
This fear stemmed from the experience in the 1980s at Mitsubishi Chemical’s Asian Rare Earth plant in Bukit Merah, Ipoh, which was shut down more than two decades ago and linked to cases of leukaemia because of radioactive exposure, some of which were fatal.
The board had on several occasions assured residents that it was monitoring the operations of the Lynas plant around the clock and said it had found radiation levels onsite and offsite to be within acceptable limits.
Link: http://www.themalaysianinsider.com/malaysia/article/lynas-gets-full-operating-licence-before-tol-expiry-date

Tuesday, January 8, 2013

#KL112 Himpunan Kebangkitan Rakyat


Saturday, 12th January 2013 at the Himpunan Kebangkitan Rakyat.








Kuala Lumpur Legal Aid Centre                             
Tingkat 9, Wisma Kraftangan     
No.9, Jalan Tun Perak
50050 Kuala Lumpur         

Tel: 03-2691 3005 / 03-2693 2072
Fax: 03-2693 0527

Thursday, December 20, 2012

Stop Lynas group vows to fight on


By G Lavendran. Published by Free Malaysia Today on 20 December 2012.

The Save Malaysia Stop Lynas (SMSL), a coalition of non-governmental organisations against the Lynas rare earth plan in Kuantan, has vowed to continue its legal battle against the granting of the temporary operating licence (TOL) to Lynas recently. 

The group said it will go on with its campaign against Lynas despite failing to win its appeal at the Court of Appeal yesterday, against a High Court decision which refused to grant a stay on the government’s decision to award Lynas the TOL. Tan Bun Teet, an applicant to revoke the TOL and a spokesperson for SMSL, said although “we didn’t think we would win the stay on the TOL through this appeal, we had to exhaust this legal avenue to test the court system”.

“We now have three judicial review cases, all armed with strong technical and scientific evidence in court. We will fight till the end to stop Lynas,” he said in a statement. “Radiation and hazardous substances are not something one should be complacent with. Lynas will be producing a massive amount of toxic waste. Lynas has no safe plan to dispose of this waste. Lynas is now at odd with our ministers who insisted that that waste be transported out of Malaysia, which Lynas has declined. Yet the court had done nothing to halt the TOL until the waste management issue has been sorted out,” he added.

“Lynas’ suggestion to turn its radioactive waste contaminated with other hazardous substances such as chemical compounds and heavy metals [into commercially safe products] will lead to its toxic waste spreading far and wide, subjecting more innocent public to its hazards. Once again I call on concerned residents and citizens to stand together with us to do something to protect your family, investment and your future in Kuantan and in Malaysia. The government has failed in its duty of care to protect you. The choice is now in your hands to do something to reclaim your safe space here in this country,” said Tan.

Another applicant to the case, Ismail Abu Bakar, said in the same statement that SMSL was disappointed with the outcome of the appeal as the court did not take into full consideration the scientific facts and technical details provided by our experts.

“We have been informed by highly qualified and skilled independent experts that the Lynas project has many problems with pollution and waste management,” he said.

SMSL also asserted that the court has neglected to take into consideration that the two judicial review cases are aimed at nullifying the approval of the TOL. “If these cases succeed, the TOL now granted to Lynas will no longer be legally valid and Lynas’ operation stopped,” the statement said.

Ram Punusamy, a local resident and active Stop Lynas campaigner, said the court did not accept SMSL’s request for the precautionary principle to be adopted to make sure that Lynas has settled its waste management and pollution problems identified by SMSL’s experts.

The application for a judicial review case will be heard in court on Jan 29, 2013.

Sunday, November 25, 2012

Green Walk ends near Dataran amid blockade



By Leven Woon. Published by Free Malaysia Today on 25 November 2012.

Thousands of Green Walk marchers today gathered along Jalan Raja after their route to Dataran Merdeka were blocked off by the authorities. The marchers then decided to sit down by the road, facing a police barricade that stopped them from entering Dataran Merdeka which has been cordoned off since yesterday.

The police have also informed the marchers that no action would be taken as long as the police barricade remained unbreached. At the same time, the marchers also formed a volunteer team to form a human chain to keep the other marchers from breaching the police barricade. The marchers were been joined by some Pakatan leaders.

Earlier, the organisers said the marchers had gathered at the Sentul market at about 1pm today before embarking on the last leg of the 300km march from Kuantan which started 13 days ago. The march started on Nov 12 by Himpunan Hijau chairman Wong Tack to campaign against the controversial Lynas rare earth plant in Gebeng as well as to highlight other environmental issues.

The crowd later broke into jubilation when Wong Tack arrived at the scene at 5.30pm. “The people have risen, the choice is in our hand,” he said while addressing the crowd. He said the marchers travelled through 15 townships during their trek, in which he saw more and more people coming forward to “defend the future of the country”. “We are not the last generation of this country, we will take responsibility, we will make the country better,” he told the cheering crowd.

The crowd, which at one point rose to about 10,000, then dispersed soon after, leaving only about 300 marchers behind as at 6pm... These marchers are planning to follow through with their original plan of camping at Dataran Merdeka for the night. Wong Tack said the marchers would follow instructions from the authorities but would not disperse.

“Tonight I decided to set foot here, I will talk to the nature. Tomorrow I’ll be here to witness the sunlight,” he said. However, Wong’s energetic speech was followed by Dang Wangi police chief Zainuddin Ahmad’s announcement that Wong would be investigated under Section 9(5)  of the Peaceful Assembly Act 2012.

He said Wong as the organiser has failed to apply for an assembly permit as required under Section 9(1) of the same act. Additionally, the Kuala Lumpur City Hall (DBKL) also said that the marchers were prohibited to step into Dataran Merdeka because it was undergoing renovation.

In reply, Wong argued that he was not the organiser of the march because “everyone came on their own initiative”. He also mocked the authorities for their “hospitality”. “Along the way, every schools, businesses, villages and mosques opened their doors for us. But now that we have arrived at Dataran, after 55 years of independence, we are not allowed to set foot inside and rest,” he said.

Wong also urged everyone to gather at the spot tomorrow for the “People’s Assembly” to decide the next move. Traffic along Jalan Raja too returned to normal at about 6.30pm.

Meanwhile, Deputy Inspector-General of Police Khalid Abu Bakar said the group had breached the Peaceful Assembly Act 2011 as it was a street gathering and some of the participants have brought their children along. There were also no presence of police water cannon trucks or the Federal Reserve Units at Dataran Merdeka today.

Link: 

Thursday, October 11, 2012

Whatever Australia does not want, dumps into Malaysia




Published by Free Malaysia Today on 11 October 2012.

Shares in Lynas Corp Ltd plunged 19% today as it faced another delay in opening its rare earths plant in Malaysia, raising the prospect the company may need to shore up its funding with a share sale. A Malaysian court yesterday extended a hold on the Australian company’s operating licence to Nov 8 while it decides whether to consider a review aimed at permanently blocking production at the US$800 million (RM2.5 billion) plant in Kuantan, Pahang, on the east coast.

Lynas received the temporary operating licence in September for the rare earths plant, the biggest outside China. It had aimed to start production this month, processing material from its Mount Weld mine in Western Australia, but said yesterday that would be delayed and gave no new timetable for the opening.

Its shares fell to a six-week low of A$0.69 in early trade and last traded down 16% at A$0.72, reflecting worries that the company will need to raise equity to shore up its funds the longer the delay runs. “Given the current delays, we believe the core tenet for our argument to sell Lynas is still applicable – namely risks surrounding funding, dilution, commission and waste disposal solution,” Foster Stockbroking said in a note to clients today.

Foster estimated the company, which had A$124 million in unrestricted cash as of June 30, would have only A$20 million in working capital available if the plant starts operating in November, and said it would probably need to raise funds through a sale of new shares. Lynas had A$205 million in total cash at June 30, but A$81 million of this can only be used for a future expansion of the plant.

Activists linked to the environmental group Save Malaysia Stop Lynas (SMSL) want the court to suspend the licence until two judicial review cases challenging the government’s decision allowing the plant to operate are heard. Lynas had hoped to open the plant a year ago, but has been delayed by community protests. The company says that its plant is safe and is not comparable to a rare-earths plant in Malaysia that was shut by a unit of Mitsubishi Chemicals in 1992, after residents there blamed the plant for birth defects and a high rate of leukemia cases.


Another report: http://www.themalaysianinsider.com/malaysia/article/aussie-surgeons-malaysian-killer-to-be-sent-home-sydney-court-rules/

The Malaysian man who shot dead renowned Australian heart surgeon Dr Victor Chang in Sydney over two decades ago in a botched extortion attempt will be released on parole, after a Sydney court rejected an attempt by New South Wales Attorney-General Greg Smith to keep him behind bars.

Bernama reported that Liew Chiew Seng, who fired the fatal shots in a failed extortion attempt in 1991, was granted parole by the State Parole Authority last month. He was due to be deported to Malaysia by yesterday, but Smith had immediately appealed the decision. The case was dismissed today by the New South Wales Supreme Court.

Lawyers for Smith argued that to release Liew would “expunge” him of the remaining five years of his maximum sentence, because there would not be supervision for him in Malaysia. Liew, 69, is suffering from Parkinson’s disease and the parole authority was told earlier this year that time might be running out for him to leave Australia before he could no longer travel safely. He has been kept in the Long Bay jail in Sydney for more than a year past his 20-year minimum prison term.

The parole authority formed the intention to grant parole at a private hearing in May. The Serious Offender’s Review Council (SORC) and the Probation and Parole Service (PPS) both believe Liew will be unfit to travel if his health deteriorates further. A SORC report said Liew “was not sentenced to die in a NSW Correctional Centre. The overall fragility of his condition cannot be denied.”

The PPS report said it was “impossible to ignore Mr Liew’s deteriorating physical and mental health ... there is ongoing concern it will also continue to have a detrimental impact on Mr Liew’s capacity to return to Malaysia upon release”.

Liew was sentenced to a maximum 26 years in prison for firing the two shots that killed Dr Chang in a failed extortion attempt at Mosman on July 4, 1991. His partner in the murder, and the offender who provided the gun, Phillip Choon Tee Lim, was deported to Malaysia in 2010 after serving 18 years of his maximum 24-year sentence.

Australia’s first successful heart transplant was carried out by Dr Chang in 1984 and he was also voted Australian of the Century in 2000.

Monday, October 1, 2012

Ancestors ‘join’ thousands in Pengerang rally



By Leven Woon. Published by Free Malaysia Today on 30 September 2012.

More than 3,000 people gathered at Pengerang, Johor today for the Himpunan Hijau Lestari Pengerang rally against a massive petro-chemical plant, with some local residents bringing ancestral photographs to the scene. Clad in green, the protesters started to gather at Dataran Sungai Rengit since early morning, to the  backdrop of a huge lobster statue at the square entrance.

By the time the rally began at 10am, the squre was packed with protesters holding placards that read, among others, “Don’t wait until our villages are pawned”, “Taiwan treats it as rubbish, we take it as treasure”, “Defend sustainable Pengerang”.

Empty chairs were also placed in front of the stage where 10 local residents later placed their ancestors photographs on the chairs in a symbolic move to oppose the proposed grave relocation. “The authorities always say there are only a few people protesting against this project, but today not only the entire village has come out, we even invited our ancestors to come,” said Gabungan NGO Pengerang vice chairman Sim Seng San.

The residents also carried the photographs to the stage, while some performed brief prayers to their ancestors later. Sim told FMT that it was the residents’ idea to bring the photographs to the rally. “Unlike urban people buying property, the local folks have laid their roots and foundation in Pengerang for generations. “Our ancestors built it for decades, but it vanishes now on an order from the authorities,” he said.

The Johor edition of Himpunan Hijau rally was held today following residents’ opposition to the RM60 billion Petronas’ Refinery and Petro-chemical Integrated Project (Rapid). Besides posing potential health hazards, the residents are also upset over the massive land acquisition plan which will see more than eight villages and 8,094ha of lands being taken up.

A slew of activists such as Himpunan Hijau chairman Wong Tack, Bersih steering committee member Wong Chin Huat, and politicians such as Johor DAP chairman Boo Cheng Hau, PAS vice president Salahuddin Ayub, Johor PAS commissioner Mahfodz Mohamed, central committee member Mazlan Aliman and Johor PKR chairman Chua Jui Meng attended the rally. They led the crowd to break into occasional chants of “Hidup Rakyat”, “No to Rapid”, “Bersih” throughout the two-hour protest.

Meanwhile, Kg Sungai Kapal resident Kasran Dollah, whose home has been earmarked for acquisition, told the crowd that the compensation given was too little as compared to the losses incurred. “They only offered RM2.8 per square feet for agricultural land. If I have one acre of land, I would only be given RM120,000, which is not even enough to buy a house that costs RM150,000,” he said.

He added that the residents would also lose their source of income once their agricultural lands are taken. Johor PKR chairman and party vice president Chua said that Pakatan would close down the Petronas plant if it comes to power in the next general election. The rally ended peacefully at noon, with emcee Hishammuddin Rais leading the crowd to recite Earth Charter, a pledge to conserve the environment.


Related reports:
PKR will scrap the proposed RM60 billion Petronas Refinery and Petrochemical Integrated Project (Rapid) in Pengerang should they come to power after the next general election, said its Johor state chairman Chua Jui Meng today. “Anwar (Ibrahim) has asked me to convey this message to everyone here today, that we will reject the project and rebuild the livelihood of the locals ,” he told the cheering protesters.

Speaking to FMT later, Chua said the decision was made in PKR’s political bureau meeting chaired by de facto leader Anwar recently. He said Rapid will be scrapped alongside with the Lynas Advanced Materials Plant in Gebeng, Pahang.

“I want to warn companies who wish to invest in the Rapid project, even if (Prime Minister) Najib (Tun Razak) gives them license, we will revoke it once we come into power,” he said. He added that Pakatan was willing to incur extra costs to compensate investors’ losses.

http://thestar.com.my/news/story.asp?file=%2F2012%2F9%2F30%2Fnation%2F20120930145347&sec=nation&utm_source=dlvr.it&utm_medium=twitter

Pengerang MP Datuk Seri Azalina Othman Said said the opposition was using the project as a political move to instil hatred towards the government. She added that the opposition had been twisting facts about the project to gain votes. She blasted the protest organisers for saying that she was invited to attend the event. "I did not received any invitation from them. This is the way Opposition works which is lying to the people," she said.

PAS vice-president Salahuddin Ayub told reporters at the rally that the party never opposed the project but reminded the Government of the welfare of the people in Pengerang.


Tuesday, September 18, 2012

Kumpulan Anti-Lynas mahu tahu PELAN TERPERINCI pembuangan sisa, berazam untuk berjuang hingga akhir



Oleh Ida Lim. Diterbitkan oleh The Malaysian Insider pada 17 September 2012.

Kumpulan akar umbi pergerakan kekal tidak yakin dengan janji Lynas Corporation dan Putrajaya untuk menguruskan sisa dari loji nadir bumi kontroversi pelombong Australia di Kuantan, hari ini menuntut syarikat itu mendedahkan pelan terperinci atau “akan melawan hingga saat akhir”.

Dua minggu lalu, Lembaga Pelesenan Tenaga Atom Malaysia (AELB) mengeluarkan lesen operasi sementara (TOL) bagi Lynas Corp walaupun bantahan meluas, berhujah bahawa pelombong Australia itu terikat di sisi undang-undang untuk membuang sisa radioaktif dari kilang dan mengembalikan baki ke Australia. Lynas Corp telah memohon ke Australia untuk “mengimport bahan” dari joji walaupun dasar Canberra adalah untuk menolak sisa radioaktif, kata seorang Diplomat Australia Jumaat lepas. 

Pengerusi Himpunan Hijau, Wong Tack, memberi amaran tegas kepada Lynas dengan mengatakan bahawa: “Melainkan jika anda mempunyai rancangan yang sangat jelas, kita tidak akan membenarkan anda mempunyai apa-apa untuk masuk... Rakyat telah memutuskan kita tidak mahu industri ini di negara kita.”

“Pek dan pergi atau kita akan berjuang hingga akhir,” kata Wong, walaupun kumpulan anti-Lynas yang lain gagal untuk mendapatkan kebenaran Mahkamah Rayuan untuk semakan keputusan kehakiman tentang TOL. Beliau juga berkata terdapat beberapa soalan yang tidak dapat diselesaikan: “Pelabuhan mana akan anda lalui? Bagaimana anda akan pek? Bagaimana anda akan mengangkut ia? Berapa lama mereka akan menyimpan sebelum kapal mereka kembali?"

Tan Bun Teet, pengerusi bersama Selamatkan Malaysia Stop Lynas (SMSL), berkata: “Adalah melucukan apabila kerajaan Malaysia mengeluarkan TOL untuk Lynas apabila kita tidak tahu bagaimana Lynas akan menguruskan sisa pepejal dan terdapat banyak isu-isu tertunggak.”

“SMSL ingin tahu setiap perincian kerana orang ramai mempunyai hak untuk tahu dan kami ingin meneliti setiap cadangan bahawa Lynas meletakkan keluar untuk memastikan mereka yang berdaya maju dan selamat.” Tan berkata bahawa “SMSL akan mengambil segala tindakan yang mungkin untuk mencuba melalui mahkamah dan ingat TOL dan untuk mengenakan tekanan politik melalui pengundi bagi menghentikan projek ini.”

Pengerusi Gabungan Hentikan Lynas (SLC), Andansura Rabu berkongsi pandangan Wong dengan mengatakan bahawa: “Kami masih mahu belajar apa yang sebenar mereka rancangkan... Kami mahu melihat rancangan terperinci apa yang mereka akan lakukan sebelum mereka dibenarkan untuk memproses dan mengendalikan.” Beliau berkata bahawa gabungan itu “ragu-ragu pelaksanaan rancangan Lynas", sama ada ia akan melibatkan mengubah sisa ke dalam perdagangan produk atau menghantar sisa kembali ke Australia.
Walaupun SLC bersetuju kepada kedua-dua idea, Andansura berkata mereka kekal tidak yakin jaminan Lynas.



Persidangan Dewan Undangan Negeri Pahang hari ini diberitahu bahawa isu ancaman sianida terhadap penduduk sekitar Bukit Koman, Raub yang didakwa berpunca dari kilang Raub Australia Gold Mining (RAGM) merupakan satu agenda politik pembangkang.

Menteri Besar, Datuk Seri Adnan Yaakob berkata ia bukan masalah alam sekitar sebaliknya isu politik yang sengaja digembar-gemburkan pembangkang. “Pembangkang sengaja menggunakan isu ini sebagai propaganda mereka. Ini dipelajari pembangkang dari ‘sifu’ mereka Adolf Hitler yang percaya bahawa setiap pembohongan jika diulang, orang akan percaya.

“Isu RAGM ini seperti juga isu Lynas, dimainkan pembangkang. Perkara ini yang menjadi masalah mereka. Politik menjadi teruk apabila ada ‘hantu-hantu’ yang menjadi dalang merencanakan agenda di sebalik pakatan pembangkang,” katanya.

Beliau menjawab soalan Datuk Abdul Rahman Mohamad (BN-Padang Tengku) berhubung jumlah penduduk Bukit Koman yang mengalami masalah kegatalan kulit, mata dan sistem pernafasan berikutan operasi RAGM.

Sementara itu, Pengerusi Jawatankuasa Kerajaan Tempatan, Alam Sekitar dan Kesihatan, Datuk Hoh Khai Mun berkata daripada kajian didapati hanya 24.6 peratus penduduk kampung terbabit mengalami masalah berkenaan.

“Secara umumnya, mereka yang mempunyai masalah penyakit kulit antara 12 hingga 23 peratus, masalah pening 20-60 peratus, masalah mata berair antara 4-12 peratus dan masalah bernafasan 7-13 peratus. Menjawab soalan Leong Ngah Ngah (DAP-Triang) mengenai ancaman sianida yang didakwa mengakibatkan penduduk Bukit Koman mengalami masalah kesihatan, Adnan berkata kerajaan negeri sudah menjalankan kajian dibantu pakar dari institusi pengajian tinggi (IPT) sejak 2009. “Daripada kajian tersebut didapati sianida bukan punca penyakit kulit yang dialami penduduk Bukit Koman,” katanya.

Detained in Kamunting for opposing rare earths plant #StopLynas


By Koh Jun Lin. Published by Malaysiakini on 17 April 2012.

Chemical engineering professor Tan Ka Kheng was detained under the Internal Security Act (ISA) for fighting against the Bukit Merah rare earths plant in 1987, but that did not stop him from being involved in another similar campaign 25 years later.

Now an academician at a local private college as well as a researcher with the Save Malaysia Stop Lynas (SMSL), Tan has been actively speaking out against the Lynas Advanced Materials Plant (Lamp) in Gebeng, Pahang.

He has made frequent appearances at public forums on Lynas and was among the experts who reviewed the Lynas documents - the Environmental Impact Assessment (EIA) and Radiological Impact Assessment (RIA) reports - when they were displayed for public viewing.

But more than three decades ago, the same efforts against the Asian Rare Earth (ARE) plant saw him become the first people to be nabbed under Operasi Lalang in 1987. "I asked the Special Branch (SB) during my interrogation, ‘why did you arrest me?'" recounted Tan in an interview with Malaysiakini.

The reply came, "Because you are a mastermind. You are in this Bakun (Dam) committee, PSG (Papan Support Group) chairperson, (founded the theatre group) Pentas... Your hands are everywhere."

Tan was then vice-chairperson of the Environmental Protection Society of Malaysia (EPSM), held a master's degree in environmental engineering from University of California in Berkeley, United States, and was a lecturer at Universiti Pertanian Malaysia (UPM, now known as Universiti Putra Malaysia).

"We came to know about this problem in Papan, Perak - the dumpsite," he explained, referring to the area earmarked for storage of the radioactive waste from the Asian Rare Earth (ARE) factory in Bukit Merah, Perak. "We realised their (villagers') problem... first of all, they were local grassroots people. Only a few of them could speak English; they did not know how to deal with the media.

"Then, of course, the government was very oppressive, it was during the (then prime minister Dr) Mahathir (Mohamad's) ‘white terror' period. "So we sourced materials, such as information about radiation and the plant. It so happened that both of these issues fall under my discipline," Tan said.

An eco-warrior in the making

In May 1984, the Papan Support Group (PSG) was formed to oppose the ARE with Tan as its chief. The PSG was a coalition of some 20 NGOs, among them Angkatan Belia Islam Malaysia (Abim), Federation of Malaysian Consumers Associations (Fomca) and the Malaysian Trades Union Congress (MTUC).

"At the time I was elected chairperson of PSG, I knew that they (the police) would come. I would have to go in (to prison). In our activities, we have no reservations. We fight for justice, we fight for environmental protection," Tan recalled.

The following years saw many protests being held against the Papan dumpsite and the ARE plant, and several of them had thousands of protesters taking part, including one 1,500-strong hunger strike against the dumpsite in December 1984, and a protest of 10,000 people against the ARE in April 1987. Some of these resulted in clashes with the police.

In addition, PSG brought in foreign experts to review the dumpsite, such as American epidemiologist Rosalie Bertell and Japanese geneticist Sadao Ichikawa, both of whom deemed the area hazardous.

"Simultaneously (around 1985), Mahathir was dreaming his grandiose idea of building this dam in Bakun, Sarawak. I also chaired a committee of various NGOs... to support the tribal people of Sarawak in opposing the project," Tan said.

In the months leading up to Operasi Lalang, Tan began to notice that his telephone connection began deteriorating, raising suspicions that his phone was being tapped. "One day, a man with Telekom Malaysia uniform came and said he wanted to repair my phone. I looked at him and said, ‘you don't look like you are a technician'. "He ran away!" Tan laughed. He later recognised the ‘technician' as one of his Special Branch interrogators. "I can't remember how it (the ISA arrests) came about, but generally we can see it coming. So we even held this ‘last supper'. He said during the supper about two months prior to the arrests under Operasi Lalang, those attending - at least 12 of them - made their parting requests, such as asking their friends to bring reading materials to prison. However, Ka Kheng does not remember what he said. "It was too long ago. I only remember this grand last supper. Good wine, good food, a lot of singing...," he said.

First to be arrested during Operasi Lalang

About 1am on Oct 27, 1987, as Tan was sleeping at his house before taking a flight to Singapore to discuss a business plan with his former employer, police came knocking on his door. The next day, newspapers announced his arrest and that of 18 others - it was the beginning of Operasi Lalang.

Tan was first taken the Petaling Jaya district police headquarters for a few hours, then to an unknown detention centre where he was kept in solitary confinement for 60 days. To this day, he can only guess at the location of the detention centre. "They had four-hour shifts for the interrogators. Every four hours they would change interrogators. They're fresh and you're bloody tired. They'd come up with so-called new evidence, new allegations or new questions," Tan said of his interrogation.

It was during his interrogation that he found out that he was the first to be arrested during Operasi Lalang, out of a total of 106 individuals detained. Tan was also accused of being the second-in-command of the Communist Party of Malaya (CPM), and of attempting to revive its auxiliary wing, the ‘United Front', in an effort to overthrow the government.

"I said, ‘I am not so strong, sorry. I am not that powerful. I am only a weakling, just a scholar. It's just that I am very clear-minded. Right is right; wrong is wrong,'" the environmental activist recalled his response to his interrogators. "They accused me of starting Pentas, like an old-style communist cultural group, which was also not true.

"They said Pentas worked with this Filipino theatre group that was a subversive group, and that Filipino President Corazon Aquino wrote a letter to Mahathir to support my case," Tan explained. He was eventually slapped with a two-year detention order and sent to the infamous Kamunting Detention Camp near Taiping in Perak. During his interrogation, he said, the interrogators sometimes slammed their palms on the table and on one occasion threatened to crush his testicles if he did not cooperate.

'We're just moving the fence'

However, Tan was eventually released on the evening of Aug 25, 1988, serving only eight months of his detention order. "When I left, the Special Branch officer told me, ‘Tan, when you go out, don't think that you are free. We're just moving the fence,'" he said. He said he continued to be followed by people he believes were with the police, but the surveillance stopped after a while.

That is, until Himpunan Hijau 2.0 on Feb 26 this year, when he found a foreign object in his mobile phone's USB port. While his 303 days of incarceration under Operasi Lalang has not dampened his spirit as an eco-warrior, the prospect of history repeating looms over him like a dark cloud.

Tan believes that an Operasi Lalang 2.0 is possible. "Najib (Prime Minister and Umno president Najib Abdul Razak) is not in a commanding position (within Umno). He has to do something drastic. "If he follows the example of Mahathir, that is to go for massive arrests again, it could stop some Umno leaders from opposing him.

"It's not far-fetched. The situation of Umno politics now has gone back to 1987. The only difference now is that we have four states under Pakatan Rakyat." However, Tan is unmoved by the possibility of a second detention.

"If they detain me, other people will continue (the fight). We will win because truth is on our side," he said.

Thursday, September 6, 2012

Miner Lynas gets Malaysia rare earths plant approval



Australian miner Lynas on Wednesday said it had secured a temporary operating licence for its delayed $800 million rare earths facility in Malaysia and will begin production in October. Receipt of the temporary licence will enable Lynas to commence the transport of rare earths concentrate and prepare for the first feed to kiln, which is expected in October, the firm said in a statement.

The plant in eastern Pahang state has been dogged by protests from environmentalists and residents over concerns of radiation for the past two years and they have threatened to organise a blockade of the refinery. It has also become a political issue in Prime Minister Najib Razak's home state ahead of elections that must be held by the middle of next year.

"Like everyone at Lynas, I am eagerly anticipating the safe commencement of operations at the LAMP (Lynas Advanced Materials Plant) and being able to supply our customers with product," executive chairman Nicholas Curtis said. The Lynas plant was ready to begin operations nine months ago but production was delayed due to strong public opposition with legal challenges by residents still pending.

Local MP and senior opposition figure Fuziah Salleh, who has driven the anti-Lynas movement, told AFP the move by the government showed complete contempt for the courts. "Even though it is not illegal, it is completely unethical as they are jumping the gun," she said.

Andansura Rabu, who leads the Stop Lynas Coalition of residents, said he was shocked by the decision given the next court date is on Monday. "We are thinking of that and will call a meeting on what to do next," he told AFP when asked if they would follow up threats of blockading the plant.

The refinery is set to become one of the few sites outside China to process rare earths -- metals used in high-tech equipment ranging from missiles to mobile phones. Malaysia's Atomic Energy Licensing Board granted the temporary licence for the plant to begin operations for an initial two-year period under strict safety requirements.

Related reports:
http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=39225:big-trouble-for-bn-anti-lynas-groups-to-blockade-kuantan-port-pursue-injunction&Itemid=2

Anti-Lynas groups and critics rallied together to strongly condemn Prime Minister Najib Razak's government for giving a temporary operating licence to the Australian miner, allowing it to begin its rare earth refinery operations by October this year.

"Issuance of TOL showed complete disrespect to the decision of the court by the Minister. It looks like BN doesn't want to learn and Najib's 'People First' pledge is just lip service," PKR MP for Kuantan Fuziah Salleh told Malaysia Chronicle.

"Just days ago in Raub, also his home state mind you, 15,000 people came together to protest cyanide gold mining. But BN is still deaf and blind to the people's wishes. It still wants to pretend it is correct and everyone else in the nation is wrong."

In an immediate response, environmental action group Himpunan Hijau responded by vowing to blockade Kuantan Port if Lynas starts to ship ores into the country for processing at the controversial Lynas Advanced Materials Plant (Lamp) in Gebeng, Pahang.

“I will guarantee that their ore shipments will not slip past our blockade. We will mount the biggest civil disobedience event ever seen in the country and get all the groups together. The port of Kuantan will not be operational as long as the ore is there,” said Himpunan Hijau chairperson Wong Tack...

Meanwhile, the Save Malaysia Stop Lynas (SMSL) promised it would continue to seek an injunction to freeze the TOL issued earlier by this week by

http://www.freemalaysiatoday.com/category/nation/2012/09/05/lynas-gets-temporary-operating-licence/
The plant is considered important to efforts to break China’s grip on rare earths that are used in products ranging from smartphones to hybrid cars. In an immediate reaction, Kuantan MP and vocal opponent of the Lynas project Fuziah Salleh questioned the timing of AELB’s decision to issue the TOL to Lynas. She said that AELB should have waited first for the hearing of a related matter filed by concerned residents in the court. “The MOSTI minister whose decision is being challenged and is the basis for the judicial review should know better than to agree on the issuance of the TOL to Lynas,” she said in a statement.

http://www.themalaysianinsider.com/opinion/article/preventing-the-next-lynas-or-raub-mine
Development that happens without consultation is oppressive to communities. Discovering one fine day that there is highway about to plough its way through your house is upsetting.

Having your development project picketed, protested and pilloried in public is also a weight on developers. But that’s what happens when you don’t consult sufficiently with local people. That’s what happens when you think it is sufficient to secure “buy-in” at the political level in order to carry out your project.

Free, prior and informed consent (FPIC) is an approach outlined in international human rights law and declarations. It essentially upholds the right for project-affected peoples to be consulted by, and to negotiate with, project developers on the impact of a project on their community. Greater weight should be accorded to a community’s right to say “No” to a project.

At its heart is the idea that the pre-existing moral and property rights of residents should balance the privileges granted to the yet-to-be-constructed property of a private developer.

Instituting such rights within the EQA, or within an equivalent law, will not mean the end of development in Malaysia. It will mean that development planning will not be something that can simply be imposed from “on high”, rather it must be negotiated with affected peoples.

Implementing these two reforms would go far in improving the integrity and credibility of the EIA process and preventing, or at least reducing, instances where development projects are “sprung” on communities, which leads to campaigns, lawsuits and political problems.

Communities can feel much more secure in their rights to property, health, and a clean environment.

Developers should have greater confidence that their projects can proceed without significant interruption, delay or reputation problems following adequate consultation.

Friday, July 27, 2012

High Court denied Lynas’ the injunction to gag NGO

Posted by MSN News on 27 July 2012.

Save Malaysia Stop Lynas (SMSL) releases a press statement on the High Court's decision: http://news.malaysia.msn.com/regional/high-court-denied-lynas%E2%80%99-the-injunction-to-gag-ngo


The press statement reads:

"SMSL was pleased that the Kuala Lumpur high court has rejected Lynas' second attempt to get a court injunction to gag SMSL yesterday. Over a hundred concerned citizens consisting of Kuantan residents, supporters from interstates and civil society organisation's representatives congregated at the high court vicinity peacefully with placards and banner in a show of solidarity to express their outrage with the Lynas' defamation action.

"It is heartening and encouraging seeing justice delivered at this juncture. We are relieved that our freedom of speech to voice our concerns with our own government in the interest of the public and the country is upheld through yesterday's high court decision." Lamented Mr Tan Bun Teet, a SMSL spokesperson, a Kuantan resident and a defendant named in the defamation suit.

"Here we are dealing with a world-scale rare earth plant at least ten times bigger than the one in Bukit Merah with hundreds more times hazardous waste. It has been built without any consultation with the public, with lax environmental safeguards and speedy approval processes. What more it is located in a swampy area so close to the sea and the population? We as informed citizens cannot simply sit back and do nothing" Continued Mr Tan

The high court awarded a court cost of RM5,000 to SMSL against Lynas and the court will resume on 14th August to work out details of future trials and hearings.

The fair judgment delivered by Judge John Louis O'Hara is a much welcome gesture of hope for SMSL and concerned Malaysians who have fought hard to stop the Lynas rare earth project since it became widely known for the first time last March through a New York Times article.

Haji Ismail Abu Bakar, another defendant named in the Lynas suit and a Kuantan resident remarked, "many rakyat (citizens) who will be directly and most immediately put at risk once the Lynas plant starts to operate are at no liberty to speak out or to voice their concerns. We breathe a sign of small relief for now but we have a long way to go yet to keep our country safe and clean from toxic pollution."

Last Thursday on the 19th, the court heard arguments from both Lynas and SMSL counsels. SMSL was represented by senior counsel Datuk Bastian who argued that SMSL acted in the interest of the public in issuing the open letter to the Prime Minister which Lynas alleged is defamatory.

"SMSL will brief its various expert witnesses in Malaysia and overseas in preparation for the trial. SMSL aims to use the trial to reveal information in its possession. We have independent opinions and assessments from various highly qualified professionals. We would like to inform the court and the public of the risks and hazards of the Lynas project to our communities, our livelihoods and the local economy as well as Malaysia as a whole."

Explained Mr Tan.

For further comments, please contact:
SMSL Hotline :+60 (0) 12-982 3302