Showing posts with label Himpunan Hijau. Show all posts
Showing posts with label Himpunan Hijau. 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

Wednesday, January 2, 2013

The Marginalised And The Elite



By Alyaa Azhar. Published by Free Malaysia Today on 2 January 2013.

Three members of a family in Pengerang, Johor, unable to cope with the loss of their home, committed suicide by inhaling charcoal smoke in an enclosed room yesterday. The family had received a notice informing them their home was being acquired for the controversial RM60 billion Petronas’s Refinery and Petrochemicals Development project.

They were told that they would receive only RM20,000 in compensation as the land on which their house was on was owned by another. Gabungan NGO Pengerang, a grassroots group opposing the oil plant, said the man sought help from the ruling political party, and had informed the party he wished to commit suicide.

The group’s treasurer, Chua Peng Sin, said the man, by name of Pang, suffered financial difficulties as he was earning a living helping out at a restaurant. He was forced to quit his job to care for his wife, who had suffered a stroke, and their child, who was diagnosed to be mentally disabled.



By G Vinod. Published by Free Malaysia Today on 2 January 2013.

PKR director of strategy Rafizi Ramli claimed that Deepak bought 19 types of jewellery, worth about RM13 million for the prime minister's wife. Rafizi also produced several documents, including invoices and bank payment records made to two luxury jewellery companies based in Hong Kong – Dehres Limited and Firestone Corporation Limited.

The payments for the jewellery were made by two companies linked to Deepak – Carpet Raya Sdn Bhd and Carpet Plus Sdn Bhd. Rafizi urged the authorities to investigate, alleging that the matter was nothing short of a corrupt act. He said that it would not be difficult for an agency like the Malaysian Anti-Corruption Commission (MACC) to investigate as each luxury jewellery is unique, with its own reference code. 

“For example, Deepak’s company made payment for the purchase of a diamond ring, code DR 2763, worth US$1.5 million. “So we have its code and the MACC could easily trace this matter if it hauls up Deepak for an investigation,” Rafizi said, adding that it would be difficult for anyone to forge a bank record.

Read more here: 

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 MalaysiaLiew, 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.

Sunday, September 16, 2012

Open Letter to the PM on forest conservation


FMT LETTER: From Lim Teck Wyn, via e-mail. Published by Free Malaysia Today on 14 September 2012.

Dear Sir,


Politics, race and religion tend to be divisive but all Malaysians can unite around our beautiful natural heritage, our green environment and lush rainforests. It is thus worth examining this year’s Merdeka theme “Janji Ditepati” (Promises Fulfilled) from the perspective of nature conservation.

To start with, we rightly celebrate that the British kept their promise to grant us our independence and we have steered the course of our own development over the last 55 years.  However, human development has not been without cost to the natural world and our growing cities, agriculture and infrastructure all have taken a toll.

Recognising the need to strike a balance, former Prime Minister Tun Dr Mahathir, pledged to keep 50% of Malaysia’s land area under forest cover. This promise was made to the leaders of the world assembled at the first Earth Summit in Rio de Janeiro in 1992.

Today, the official statistics suggest that we still have 56% of our forest intact.  However, independent satellite analysis reveals that this figure includes plantations and the true area of natural forest is 14,962,000 hectares, which is only 45% of our land area.

In Rio we also signed the Convention on Biological Diversity, pledging to conserve our plants, animals and their habitats. Today, however, the rhino, the banteng and the leatherback turtle are no longer found in Peninsular Malaysia.

The call of the Burung Merak (the green peacock) is no longer heard on our shores. The last remaining stands of the Pokok Damar Hitam (Shorea kuantanensis) have been cleared for a Felda plantation and this tree species has now been declared to be extinct.

Scores of other Malaysian endemics are classified as critically endangered by the IUCN Red List of Threatened Species and are thus on the verge of extinction. Even the wild population of our national mascot, the Malayan Tiger, has dwindled to less than 500 and they continue to face serious threats from rampant poaching and the continued destruction and fragmentation of their forest home.

Unfortunately, even the remaining forest constituted in “permanent” reserves is not safe from the chainsaw, the bulldozer and the expansion of the concrete jungle.  Wildlife reserves, forest reserves and state parks are routinely cleared to make way for the relentless expansion of civilisation.

On Aug 27, 2005, you officiated the launch of the Selangor State Park whereby the government promised to “conserve and nurture” the forest for future generations.  However, there is now a plan to build a highway right through this heritage park.

The Highways Authority proposes to destroy hundreds of hectares of forest in the Selangor State Park in order to build the East Klang Valley Expressway (EKVE).  The plan is for this route to be the final section of the Kuala Lumpur Outer Ring Road (KLORR), linking Cheras with Bukit Antarabangsa and hopefully alleviating jams on the MRR2.

However, the proposed alignment of the highway would cut through the Ampang Forest Reserve -ma water catchment area that was gazetted as far back as 1912 in order to protect the Ampang water intake point which is a source of fresh water for the Klang Valley.

The protection of the Selangor State Park is also important for flood mitigation.  It has been reported that the flash flood on March 8, 2012 forced hundreds of Ampang residents to evacuate their homes and caused damage exceeding RM10 million.

The proposed EKVE may lead to or exacerbate future floods which are becoming a significant problem in the Klang Valley which has already experienced eight serious floods this year. In keeping with the theme of Janji Ditepati, now is the time for the federal and state governments to make good on the pledge to conserve our forests.

Let’s act now and ensure that we keep all forest reserves covered by natural forest, put a halt to the excision of reserves and create new totally protected areas.  In particular, let us protect Ampang Forest Reserve and make sure that any highway would not damage the forest.

In our pursuit of development, let us honour the promises we have made to future generations in Malaysia and in the world. In this way we can celebrate our independence with pride.

The writer is Hon Secretary of the Malaysian Nature Society.

Thursday, September 6, 2012

Activists lose last court battle in bid to block Raub gold mine


By Lisa J. Ariffin and Roznah A.J. 

Published by The Malaysian Insider on 6 September 2012.

Raub activists today lost in the Federal Court their last bid for a judicial review of the government-approved

Preliminary Environmental Impact Assessment (PEIA) report submitted by Raub Australian Gold Mining SB, a week after thousands of people marched in the small Pahang town to protest the use of cyanide by the miner.

Raub was the focus of last weekend’s Himpunan Hijau amid growing unhappiness with the Australian miner’s operations. Residents have complained that the use of cyanide has given rise to a number of health complaints although this has been denied by the authorities.

Today, a five-man Federal Court panel led by Court of Appeals president Tan Sri Raus Sharif dismissed the leave application for judicial review brought by the Ban Cyanide in Gold Mining Action Committee (BCAC) on grounds the group had delayed its application and merit was not warranted in extended time.

“We have deliberated on this appeal, and we have unanimously decided... There is no ground to disturb findings of courts below,” Raus said. “We answer the questions in the negative,” he added.

The committee had on March 21, 2008 filed an application for leave for judicial review to request the setting aside of the approval of the PEIA on January 13, 1997 by the director-general of the Department of Environment.

In 2009, the High Court had dismissed the leave application on the grounds that “the application for leave for judicial review should have been brought within 40 days from the date of the approval of the PEIA or the date the villagers knew about the approval of the PEIA”. The decision was then upheld by the Court of Appeal in 2011.

When met outside the courtroom, BCAC’s lawyer Malik Imtiaz was noticeably upset with the outcome but said he respected the decision of the court. “We don’t know how the villagers can move any faster,” he said, referring to his argument earlier that residents only learned about the usage of cyanide in the gold mine in December 2006.

He added the panel was “very conservative in judgment and did not consider the health risks posed to the villagers. “We think the panel did not address the reports by the experts saying the cyanide used in gold mining is risky to the lives of villagers,” he said. “It is not a progressive decision,” he added.

Asked what would be the group’s next course of action, BCAC secretary Hue Fun How said the committee has yet to decide and will have to discuss it further. Raus had ordered the residents to pay costs of RM15,000 despite Malik’s argument that this was a public interest matter in which the lower courts did not order costs.

Related report: http://thestar.com.my/news/story.asp?file=/2012/9/6/nation/20120906144257&sec=nation

High Court judge Justice Lau Bee Lan had said the application, which cited the director-general of the Department of Environment and Raub Australian Gold Mining Sdn Bhd as respondents, was "out of time" as it was filed in March 21, 2008, more than 11 years after the EIA report had been approved.

On Sunday, the Pahang Raub Ban Cyanide in Gold Mining Action Committee (BCAC) staged the Himpunan Hijau rally to protest the usage of cynide in gold mining activies in Bukit Koman.

The group had listed four demands in a memorandum, including suspending the gold mining facility in Bukit Koman and all expansion plans with immediate effect.