Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
IN EAST MALAYSIA
Prepared by:
March 2001
Highlights of this report were presented at a workshop on Illegal Logging in East Asia,
Sponsored by World Bank - WWF Alliance* in Jakarta, Indonesia, August 27-28, 2000
WWF Malaysia
Acknowledgments
WWF Malaysia wishes to express its sincere forcement, Mr. Frankie Tieh Kah Siang - Forest
appreciation to the agencies and individuals who Protection/Legal; Encik Yakob - Public Relations;
collaborated on this study of forest law enforce- Mr. Stephen Andel and Mr. Chung Kueh Shin -
ment in Sabah and Sarawak. The names of Model Forest Management Area (MFMA), Inter-
agencies and individuals consulted are listed national Tropical Timber Organisation (ITTO).
below. Sarawak Timber Industry Development Cor-
SABAH poration - Puan Aida - Information Officer, Puan
Magdalen - Librarian
Sabah Forest Department Mr. Daniel Khiong
- Director; Mr. Herman Angin - Deputy Director Sarawak Timber Association - Mr. Barney
Mr. Henry Solibun - Enforcement Division, Mr. Chan, Managing Director
Fredrick Kugan - Administration; Mr. Bernard Sarawak - German (GTZ) Forest Manage-
Dalinting - Legal Section; Mr. Daim Balingi - For- ment Information Systems Project (FOMIS)
est Management and Silviculture - Dr. Hans Shilling - Forest Economist, Ms
Rakyat Berjaya (Forestry Division of Yayasan Josephine Wong, GIS Specialist
Sabah) - Mr. Cyril Pinso - Forest Consultant Universiti Malayasia Sarawak (UNIMAS), Dr.
Sabah - Germany (GTZ) Sustainable Forest Sharifah Mariam AlHabshi, Lecturer, Faculty of
Management Project Mr. Lutz Kulenkampff - Social Sciences.
Project Director; Mr. Michael Kline - Ex Project PENINSULAR MALAYSIA
Director and Forestry Consultant
Forest Research Institute of Malaysia-(FRIM)
The author would like to thank Mr. Geoffrey Encik Ismail Harun, Research Officer, Natural
Davison, Director and Ms. Justin Vaz, Project Forest Division
Manager of WWFs Kota Kinabalu Office for
their help in arranging meetings with parties in Universiti Putra Malaysia - Dr. Rusli Mohd.
Sabah. Dean, Faculty of Forestry; Tn. Hj. Amat Ramsa
Yaman, Lecturer, Professor Dato Dr. Nik Mohd.
SARAWAK Abdul Majid, Managing Director, University Busi-
Borneo Pulp and Paper Sdn. Bhd. Mr. Glen ness Centre
McNair, Forestry Liason Officer The author would also like to thank Mr. Balu
Harwood Timber - Encik Abdul Hadi - Market- Perumal, Head of Forest Conservation Unit and
ing Manager; Supervisors and staff of Sematan Ms. Ginny Ng, Forest Conservation Officer, of
Log Import Depot; Tebebdu Log Import Depot; WWF Malaysia (WWFM); and Mr. Thomas
Lubok Antu Log Import Depot. Walton, Senior Environmental Economist of
World Bank Resident Staff in Indonesia (RSI),
Sarawak Forest Department Mr. Chong Ek for the opportunity to co-author the Malaysia
Choon - Director; Dr. Lee Hua Seng - Deputy Country Paper on Forest Law Enforcement, and
Director; Mr. Tan Yeah Kang - Deputy Director, to participate in the workshop on Illegal Logging
Administration; Mr. Danny Chua, Planning, Man- in East Asia.
agement & Registrations - Mr. Paul Ng - En-
Table of Contents
Acknowledgements .............................................................................................................. ii
Table of Contents ................................................................................................................ iii
Executive Summary .............................................................................................................. v
Background ............................................................................................................... 1
References .......................................................................................................................... 18
Executive Summary
The preliminary findings from this paper: Forest Forest law infractions consist of two main types.
Law Enforcement in East Malaysia, and its com- 1. Forest management offences, or breaches
panion paper: Forest Law Enforcement in Pen- of forest licence agreements, by the licence
insular Malaysia were presented and discussed holders (and/or their registered logging con-
at an international workshop on Illegal Logging tractors), and
in East Asia held in Jakarta, August 27/28, 2000. 2. Illegal forestry activities by parties, which
The workshop was attended by 100 forest prac- have no forest use rights in the area where
titioners from the East Asia region, with each the offence occurs.
participating country presenting an overview of Approximately 90% of forest law infractions are
the status of Forest Law Enforcement. WWF settled through payment of fines to the State
Malaysia took the lead responsibility in prepar- Forest Departments. The penalties (fines, im-
ing the Country Paper on Forest Law Enforce- prisonment, etc.) for various infractions of the
ment in Malaysia. This report comprises the East Forest Enactment or related regulations and
guidelines are stipulated in state government
Malaysia portion the Malaysia Country Report.
documents, and are periodically up-dated.
Malaysias national goal of ensuring sustainable
Cases, which are prosecuted in court, tend to
management of its forests to maintain environ-
be the more severe ones, which the Forest De-
mental quality, and a continued supply of quality
partment wishes to use as an example to deter
hardwood logs for its forest industries, can only
similar activities in the future.
be achieved by aligning timber harvesting rates
with forest growth rates and by renewing and Current legislation specifies fines ranging in se-
protecting the remaining forests. This paper verity with the gravity of the offence. Cases pros-
deals with one aspect of protecting the remain- ecuted successfully in the law courts, generally
ing forests - Forest Law Enforcement in East result in more severe penalties (fines and prison
Malaysia. sentences) than cases settled administratively
by the Forest Department. For example, in
Malaysia consists of three distinct geographic
Sabah illegal removal of forest produce from a
regions. Peninsular Malaysia is separated from
forest reserve is punishable by mandatory im-
the Borneo states of Sabah and Sarawak by a
prisonment (one to twenty years) and a fine of
1,000 kilometer expanse of the South China Sea.
up to RM 500,000 ($125,000). These penalties
Each of Malaysias 13 states has constitutional
are doubled for offences committed at night and
autonomy over matters pertaining to land and
for repeat offences.
forests. This has resulted in differences in for-
est administration and legislation. Although many The Forest Departments of East Malaysia have
aspects of forest resource administration and sufficient personnel, financial resources and the
utilization policies are similar in all three regions, legislative framework is adequate to reduce ille-
forestrys importance varies between states. For gal forestry activity to an acceptable level. How-
example: in Peninsular Malaysia forestry is now ever, a number of factors constrain their efforts
a minor component of the economy, while in to stop illegal logging.
Sabah and Sarawak it still accounts for a large
Regional log supply shortages as a result of
part of economic activity and government rev-
over capacity in the wood processing sec-
enue.
tor, lead to high log prices, which in turn fu-
The study showed that the dimensions of for- els demand for illegal logs. These logs are
estry offences in Sabah and Sarawak are rela- often sold at lower cost and on soft credit
tively small compared to the magnitude of the terms, due to the risks involved and the fact
legal timber trade. In each of the two states about that government forest charges have not
300 cases of forest law infractions are detected been paid.
annually - an average of one case per day. The
The easy money aspects of illegal logging
annual volume of illegal timber seized in each of
attract organized crime and thug elements,
the East Malaysian States ranges from twenty
who finance, protect and organize timber
to fifty thousand cubic meters - compared to the
marketing for small-scale illegal loggers.
annual log harvest (1998) of five million m3 in
Sabah and eleven million cubic meters in Historically, judgements on illegal forestry
Sarawak. cases have been lenient. Cases were often
dismissed on technicalities, or given a rela- graphic information services (GIS).
tively minor penalty (fine). This has a demor- Refine the log tracking system to facilitate
alizing effect on the officers investigating and detection and increase difficulty of falsifying
preparing cases. documentation. Use of computer technology
Many professional staff are engaged on a (bar coded tags, labels, implants, sensors)
temporary basis. They suffer from a lack of Increase role and participation of forest li-
job security. This negatively impacts their cence holders, contractors, local communi-
resolve and initiative, as well as increasing ties and other stakeholders in forest law en-
temptation to accept favors for ignoring the forcement activities. eg. Appoint community
illegal forestry activities. leaders as Forest Protection Officers to
strengthen enforcement of forest ordinance.
The agencies in charge of forest law enforce-
ment in East Malaysia have suggested the fol- Ensure judges appreciate severity and con-
lowing measures be adopted to further sequences of illegal logging in order that their
strengthen forest law enforcement. judgements (fines, imprisonment) are se-
vere, and act as a sufficient deterrent.
Concentrate on building strong cases against
large, organized syndicates or networks of Improve benefits and incentives for forestry
illegal loggers, ie. dont waste time and ef- officers involved in law enforcement - par-
fort going after small scale illegal loggers. ticularly those on temporary postings.
increase number of permanent posts for
Expedite apprehension of illegal loggers us-
forest law enforcement
ing mobile strike forces to cut the time be-
improve insurance, pensions, medical
tween detection and taking action on illegal
coverage, etc. for temporary postings.
activities. This increases seizures of timber
reward system - proceeds from sale of
and equipment and thus has a greater de-
seized timber go to enforcement unit.
terrent effect.
Increasing the numbers persecuted and pun-
Improve surveillance, monitoring and en-
ished after detection.
forcement activities through the use of re-
mote sensing satellite technology and geo-
Overview of Forest Law Enforcement in East Malaysia
PART 1INTRODUCTION
1
Malaysia produces 80% of the tropical saw-logs traded internationally.
2
Malaysias annual timber harvest declined from 40 million m3 in the early 1990s, to 30 million m3 in the mid-1990s, to 20 million
m3 in 1999. FAO estimates Malaysias sustainable harvest to be 18 million m3. (State of Worlds Forests - 1997).
3
Observations on Malaysias forestry sector based on Forestry Sector Review conducted by World Bank - 1993.
Jay Blakeney 2
remaining forests are of generally poorer qual- A large portion of Sarawak governments rev-
ity than those of the Borneo States - Sabah and enue comes from the forestry sector,
Sarawak. Peninsular Malaysias economy has
which employs in excess of 80,000 people. Aside
diversified - particularly during the past three
from oil and gas, there are few areas in which
decades. Forest have been converted into ex-
Sarawak has an obvious comparative advan-
tensive areas of rubber and oil palm plantations
tage. The major disadvantages to development
and large urban housing estates and industrial
in the state include high labor costs, unskilled
complexes have been developed to accommo-
labor force, poor infrastructure and high trans-
date a flourishing export-oriented manufactur-
portation costs to international markets. From a
ing sector.
macro-economic perspective, Sarawak has
Forestry now plays a relatively minor role in good reason to practice sustainable forest man-
Peninsular Malaysias economy. Forests are agement, to improve its protected area system
increasingly valued for their environmental ser- and to maintain its PFE, to ensure the long-term
vices - to ensure water supply, prevent erosion viability of its forest industries. It needs to pre-
and provide recreational opportunities for the 17 serve the viability of its timber industry in order
million people (80% of Malaysias population) to provide time to diversify its economy by de-
who live on the peninsula. The Permanent For- veloping alternative sources of livelihood - com-
est Estate (PFE) is the main source of wood mercial agriculture, tourism, manufacturing, etc.
supply. Most forests outside the PFE have been
In recent years government has taken steps to
cut-over or converted to other land uses. Plan-
ensure future timber supplies by reducing its
tation timber - Rubberwood, Acacia and Sentang
annual timber harvest and by establishing for-
- is used increasingly in place of natural forest
est plantations. Annual timber harvest in 1998
timber.
was 11 million m3/yr, compared to 16 to 17 mil-
Sarawak lion m3/yr during the period 1995 97. In spite of
the reduced harvest levels, the states natural
The state of Sarawak in East Malaysia (on the forests continue to decline in extent and quality
Island of Borneo) has the by far the largest area due to: expansion of oil palm5 and pulp planta-
of forest of the 13 Malaysian states, with 68 per- tions6, hydro-electric reservoirs, shifting cultiva-
cent of its land area (8.3 million ha) forested. tion, re-entry logging, and other activities related
Approximately 4 million ha of this forest has been to the states economic development.
designated as Permanent (production) Forest
Estate (PFE)4 to ensure sustained raw material To ensure sustainable log supplies and meet the
supplies for the states growing forest products growing demand for forest products, timber com-
industry. Sarawaks forests are dominated by panies have been urged to consolidate their ex-
mixed dipterocarp forests, which are the domi- isting timber concessions into unified blocks and
nant vegetation in the hilly interior of the state. In set aside 20% of the area for development of
addition, extensive peat swamp forests domi- forest plantations. To date the state has granted
nate the wide coastal plains and lower reaches 19 Licences for Planted Forest (LPF), covering
of Sarawaks many rivers. an area of about 1.4 million ha. (12% of
Sarawaks land area) (Sarawak Tribune July 6,
The Sarawak Forest Ordinance (1958, revised 2000, Article on Expansion of Forest Planta-
1996) describes three types of forest land and
tions).
the procedures for administering them.
1) Permanent Forest Estate (PFE) for Sabah
commerical forest harvesting and for indig-
enous communities to hunt, fish and gather Sabah was blessed with some of the worlds
forest produce for their own use; richest rain forests. Over the last 20 years for-
2) Totally Protected Area (TPA) National parks, estry contributed an average of $1 billion per year
nature reserves and wild life sanctuaries in foreign exchange earnings through forest prod-
where collecting forest produce, hunting and ucts exports. State revenue from forest conces-
fishing is prohibited; and sions fees, logging taxes and forest products
export taxes average $300,000 million annually
3) State Land Forest (SLF) - areas not reserved -more than half of State Government revenues.
as forests under the Forest Ordinance. The sector provides direct employment to 65,000
4
This includes areas which have already been gazetted and areas proposed for inclusion in the PFE.
5
Large areas of forest have been cleared to achieve Sarawaks targetted 1 million ha of oil palm plantation by 2010.
6
Sarawak intends to becoming a major pulp and paper producer and has allocated 3 million ha for forest plantation.
3 Overview of Forest Law Enforcement in East Malaysia
tion. Typically Malaysian state forest departments Tourism-4%. Nationally, the forestry and forest
are divided according to broad functions: forest products sectors employ about 300,000, or about
management planning, operations, forest li- 3% of Malaysias workforce of 9 million. Direct
cence administration, royalty assessment, rev- government revenue from forest resources in
enue collection, administration form one broad the three regions is estimated at about US
group; while research, development and person- $500,000 million, or 2% to 3 % of total govern-
nel training form another group. Further division ment revenue.
of responsibilities is based on the forest land
Although forest revenues account for only a small
classification: production forests, protected ar-
portion of national government revenue, the two
eas, research and community forests, etc.
Borneo States depend heavily on forest revenues
Typically forest departments have a number of to fund their administration and development. For
regional and divisional forest offices (DFOs), example: Forestry accounted for 70% of Sabahs
where all aspects of forestry and forest land are revenue in the 1970s, 60% in the 1980s and
administered. slightly less than 50% in the 1990s. Sarawak is
slightly less dependent on forestry due to rich
Forest protection and enforcement activities are
petroleum and gas endowments.
generally the responsibility of a separate unit,
under the forest management, operations and Forest Policy And Legislation
administration functional group. Typically most
forest protection and enforcement staff are de- Forest legislation in Malaysia (then Malaya) dates
ployed at regional and divisional offices. back to the 1920s and 1930s. As per Malaysias
Constitution, Article 94(1), Schedule 9, the dis-
Importance Of Forestry In Malaysias tribution of power between the federal and state
Economy governments specifies legislative powers for
forestry and land are the exclusive prerogative
During the 1980s and 1990s, Malaysias indus- of State governments. Regulations on forests
trial sector grew rapidly. As a result, the primary and land therefore have been developed by indi-
resource sectors, such as forestry, mining and vidual states in relation to their needs. There-
fisheries, have declined in economic impor- fore any discussion of Malaysian forest policy or
tance. Forestry now accounts for 2% to 3% of forest law must take into account differences
GDP (down from 5% in the early 1990s). Al- between the three regions -Peninsular Malaysia,
though Malaysias exports US$ 5 billion per year Sabah, Sarawak.
of forest products, (up from US$ 2 billion in
1985), forest products account for only 1.5% of Development of a uniform Malaysian forest policy
Malaysias export earnings, ranking fourth, be- has been a goal of the federal government since
hind: manufactured goods-80%+; oil palm prod- the 1970s, when the federal government con-
ucts-6%; petroleum and natural gas-5.5%; and vened a National Forestry Council (NFC) com-
5 Overview of Forest Law Enforcement in East Malaysia
There is insufficient data available to determine also works closely with the police to apprehend
conclusively which of these conclusions more perpetrators of forest law infractions, as well to
valid. The fact that illegal logging continues to confiscate their equipment and timber.
be a problem is an indication that significant vol-
The Enforcement Division (as it is now called)
umes of illegally harvested timber are still able
was initially staffed by regular Forest Department
to avoid detection and seizure.
officers. However, in recent years the unit was
Strengthening Forest Protection and strengthened by the addition of ex-police offic-
Enforcement ers, including some from the Criminal Investi-
gation Division (CID). There are several reasons
In 1992 the Preventive and Protection Branch of for this:
the Sarawak Forest Department was strength-
Firstly, ex-police officers are more experi-
ened through formation of a Forest Enforcement
enced in criminal investigation procedures.
Division, which is responsible for collection of
intelligence, detection and investigation of infrac- Secondly, through their police and judiciary
tions of the Sarawak Forest Ordinance. The unit contacts they can facilitate cooperation of
these agencies in investigating, preparing restructured its forest law enforcement units and
and prosecuting forest law cases. strengthened its capability to respond to illegal
Thirdly, ex-police officers are more effective forestry activity. The enforcement unit oversees
in dealing with the ruthless tactics of orga- prevention, detection and preliminary investiga-
nized crime groups which often fund and tion, while the legal division prepares and pros-
protect illegal loggers7. ecutes cases involving offences against forest
law. Enforcement operations are the responsi-
Prosecution of forest law cases, formerly bility of a Senior Assistant Director (Enforcement)
handled by Forest Department lawyers, has who reports directly to the Director of Forestry
been tranferred to the State Attorney Generals at Forestry Department headquarters in
department, where lawyers and judges, with ex- Sandakan. Field enforcement is carried out by
perience in forest law, are now responsible enforcement units located at each of five regional
for trying such cases. This has served to reduce forestry offices. Regional enforcement officers
attempts, by offenders and their associates, to supervise the activities of forest officers, guards,
influence the outcome of illegal forestry cases. rangers, and support staff at more than 20 dis-
Since 1993, the Forest Department has initiated trict forest offices located throughout the state.
a system of rewards to teams of police and For- The legal division consists of a lawyers on
est Department Officers who successfully ap- secondment to the Forestry Department from
prehend illegal loggers and seize their timber and the Sabah State Attorney Generals Department.
equipment. Under the reward system half of the
proceeds from the sale of illegal timber and Staff Training
equipment are given to the team of officers who Forest officers assigned to the Enforcement Unit
worked on the case. This has proven to be a receive training in forest protection and preven-
strong incentive for increasing initiative of forest tion. They also receive training in investigation
law enforcement officers. techniques and procedures for seizing and se-
In order to prevent re-acquisition of seized logs curing evidence, and for preparing cases for le-
and equipment by illegal loggers at auction sales, gal prosecution.
the timber and equipment is often moved to an- Types of Forest Law Infractions
other district, where the auction sale is con-
ducted. If it cannot be relocated, then the timber In Sabah there are three main types of forest
and equipment can be rendered unusable. law infractions.
Recently the Forest Department has been au- Infractions against the Forest Enactment
thorized to utilize helicopters from the Sarawak by forest licence holders, logging contrac-
Timber Industry Development Corporation tors outside of their sanctioned operating
(STIDC) to conduct forest law enforcement areas and by other parties who do not have
timber harvesting or forest use rights.
work.
Breaches of Forest Licence Conditions
Sabah Forest Department - Enforcement by Forest Licence Holders and Logging Con-
Unit tractors, within their approved forest licence
areas.
Organization and Staffing of Enforce-
All illegal activities are dealt with by the Forest
ment Unit Departments Enforcement Unit and are pun-
The Sabah Forestry Department has a total staff ished by fines, imprisonment or a combination
of approximately 1,600, of which approximately of the two. Penalties for specific infractions are
130 are professionals and semi-professionals. specified in the forest enactment as well as in
Approximately 1,300 staff have permanent po- individual forest licences.
sitions, while 300 work on temporary contracts.
Forty percent of the professional staff are per- Penalties
manent employees, while 60% are on tempo-
rary contracts. Forest law enforcement is car- Part IV of Sabah Forest Enactment 1968 speci-
ried out as part of ongoing forest management fies penalties and procedures for forest offences.
and protection activities of the forest department. In addition, each forest licence includes a sepa-
rate schedule of penalties that apply to
The Sabah Forestry Department has recently Breaches of Licence Conditions.
7
These elements wage ruthless intimidation campaigns against forest enforcement officers terrorizing the them and their families.
Newspaper articles document cases of personal injury and property damage involving stoning, arson and attacks with acid,
samuai swords etc. directed at officers who attempt to enforce forest law.
13 Overview of Forest Law Enforcement in East Malaysia
Punishment is commensurate with the severity cies including the Anti-corruption Agency;
of the case and the volume of timber involved, public information campaigns in local media
duration of the infraction, etc. eg. RM 500 per including articles on illegal forestry activities,
log; 3 times log export royalty; RM 1000 per de- urging the public to report forest law infrac-
tection; or RM 1000 per day during which the tions and providing names and telephone
infraction continues. numbers of Forest Department officers. The
Fines range from as little as RM 100 ($25-$50) public is urged to report non-cooperative of-
per log, for felling on steep slopes or ficers.
removingtimber without a property mark or re-
moval pass. Abandoning logs and failing to have Detection
timber check-scaled are punishable a fine equal Detection of forest law offences relies on a wide
to 2 to 3 times export royalty rate. Serious variety of information sources. These include:
breaches such as failing to submit a logging forest department staff, forest licence holders
progress map, cutting in areas where permis- and their logging contractors, anti-corruption
sion has not been granted are punishable by agency and the general public. The majority of
fines of RM 5,000 ($1250) per month. the 300 cases of forest law infractions are de-
tected annually come from forest department
Stiffer fines apply to offences against the Forest officers who are continually in the field, monitor-
Enactment 1968 and other laws (up to ing compliance with forest management plans,
RM500,000.00 and prison sentences of up to 20 measuring and grading timber for assessment
years. Cancel For example: illegal logging and of royalty charges. The second major source of
removing of forest produce from a forest reserve information comes from local residents and of-
is punishable by a mandatory imprisonment for ficers of other government departments, includ-
a term of not less than one year but not exceed- ing the marine police, and anti-corruption
ing 20 years and a fine not exceeding RM agency. Monetary rewards are offered to those
500,000.00. who provide information leading to successful
Reporting detection and suppression of illegal activity.
During 1999 and 2000 (1st half) investigation of erally, one would expect illegal logging to in-
forestry offences led to seizure of 20,000 logs crease when there are timber supply shortages
and flitches (56,000 m3). RM 560,000 ($150,000) and log prices are increasing. Sabahs log sup-
in fines were collected and auction sales of ply declined from 5.2 m3 in 1998 to 3.4 million
seized wood and equipment generated revenues m3 in 1999. This decline in log supply was ac-
of RM 6.5 million ($1.7 million). The average case companied by increased log prices.
involved 140 m3 of timber and fines or seizures
of RM 17,500 ($460). In spite of these trends, the number of cases
reported of illegal forestry activity declined. (98
Fines versus Seizure of Timber and reported infractions in the first half of 2000
Equipment compared to 302 reports of illegal activity in
1999).
The aggregate value of fines collected in 1999 Prosecutions also declined. (38 cases, involv-
and the first half of 2000 was RM 560,000. ing 150 persons, in 1999; compared to only 9
($147,000). Based on the volume of timber cases, involving 17 persons, in the during the
seized during this period, (56,000 m3) this rep- first half of 2000.)
resents only RM 10 ($2.60) per m3. The market
value of the timber seized is RM 300 ($75) per lthough the number of cases detected and
m3. The value of fines collected is insignificant prosecuted is declining, the volume of illegal tim-
compared to the timber values involved. The ber seized increased. During the first half of 2000,
reason for the inadequacy of the fines is that fines there were 11,175 logs and flitches (32,000 m3)
are only collected on a relatively small amount seized. In the whole year of 1999, 12,200 logs
of the timber seized. In most cases the parties and flitches (39,000 m3) were seized.
responsible cannot be identified and appre- During recent years, the volume of illegal timber
hended. Therefore fines do not act as a deter- detected annually ranged from 30,000 to 50,000
rent to stop illegal logging. m3 per year8. This is about 1% of the total an-
The Forestry Department has found a more ef- nual timber harvest of 3 to 5 million m3. In value
fective deterrent is to seize the timber and equip- terms, Sabah produces RM 1 billion ($270 mil-
ment used in the illegal activities and apply for a lion) worth of timber annually. Illegal timber seized
court order to dispose of the goods (by auction annually is valued at RM 10 million ($3 million),
sale) before they deteriorate or are recovered or about 1% of the legal forest products trade.
by the poachers. Where auction sale is not prac- The fact that illegal logging continues, and that
tical, due to remote location, etc., and there is a the volume of wood seized is on the increase, is
danger that the perpetrators may recover the an indication that significant volumes of illegally
seized goods, timber is can be rendered unus- harvested timber are avoiding detection and sei-
able and equipment immobilized, at the discre- zure.
tion of the field officer in charge of the case. Strengthening Forest Enforcement Unit
Trends in Sabahs Illegal Timber Trade in The Sabah Forestry Departments Enforcement
Sabah Unit has been strengthened since early 2000 with
new requirements for daily reporting of illegal for-
There are mixed signals on whether illegal for-
estry activity is increasing or decreasing. Gen- estry activity and posting of forestry officers at
8
32,000 m3 in 1999 and 24,000 m3 during the first half of 2000
15 Overview of Forest Law Enforcement in East Malaysia
major wood processing mills to reconcile prod- able levels. However a number of factors con-
uct output with incoming timber supply ship- strain efforts to stop illegal logging.
ments.
A large portion of the professional staff (60%)
Linkages with other government agencies, such are hired on temporary basis and therefore
as Malaysias Anti-corruption agency, police and suffer from a lack of job security, which nega-
State Attorney Generals Department are also tively impacts tir resolve and initiative, as
being strengthened. In addition, field inspections well as increasing temptation to accept fa-
have been increased to ensure that forestry of- vors for ignoring illegal activities.
ficers are carrying out their responsibilities ac- Large over-capacity in wood processing sec-
cording to prescribed procedures. tor results in constant shortfall in log supply,
which drives a thriving market for illegal logs.
Constraints to Forest Law Enforcement
In the past jgements on illegal forestry
According to the Sabah Forest Departments cases were often lenient. This demoralized
Enforcement Division, personnel, financial re- officers investigating and preparing cases.
sources and the legislative framework are suffi- However recently penalties have been more
cient of reduce illegal forestry activity to accept- severe.
Jay Blakeney 16
The overview of forest law enforcement in East currently used to detect retail shop lifting to
Malaysia illustrated that the level of illegal log- increase the difficulty of falsifying documen-
ging in the two states is small (in the order of tation.
1% or less) compared to the legal wood prod- Increase the role and participation of forest
ucts trade. licence holders, contractors, local commu-
The study highlights a number of measures be- nities and other stakeholders in Forest Law
ing implemented to strengthen efforts to com- Enforcement activities. A programme simi-
bat illegal logging in the two East Malaysian lar to that adopted to strengthen enforcement
states. These measures have led to recent in- of the Wildlife Ordinance could be consid-
creases in apprehensions, seizures and pros- ered. Ie. appointing community leaders as
ecutions. However, many of the underlying wildlife protection officers.
causes of illegal logging remain. Ensure that judges understand the severity
and consequences of illegal forestry activi-
The following are suggested improvements,
ties in order that their judgements (fines,
from the agencies in charge of forest law en-
imprisonment) are severe, and act as a suf-
forcement, to further strengthen forest law en-
ficient deterrent.
forcement.
Improve benefits and incentives for forestry
Concentrate on strong cases against large,
officers involved in law enforcement - par-
organized syndicates or networks of illegal
ticularly those on temporary postings.
loggers, ie. not to waste time and effort go-
ing after small scale illegal loggers. increase number of permanent posts for
forest law enforcement
Expedite apprehension of illegal loggers us-
improve insurance, pensions, medical
ing mobile strike forces to cut the time be-
coverage, etc. for those on temporary
tween detection and taking action on illegal
postings.
activities. This will increase seizures of tim-
ber and equipment and thus have a greater refine and strengthen the (performance-
deterrent effect. based) system of rewards (portion of
proceeds from sales of seized timber
Improve surveillance, monitoring and en-
and equipment going to enforcement
forcement activities through the use of re-
team members.
mote sensing satellite technology and geo-
graphic information services (GIS). Increase the penalties (fines, imprisonment, etc.)
for forestry law infractions. Attempt to standard-
Refine existing computerized log tracking
ize penalties with other states (as per National
system to include log tracking from the
Forest Act).
stump or felling block, rather than log pond.
Use bar coded tags or implant technology
17 Overview of Forest Law Enforcement in East Malaysia
Sematan Depot (Sea transit) - 20,000 30,000 m3 per month 250,000 m3/annum
Tebedu Depot (Land transit) - 10,000 20,000 m3 per month 150,000 m3/annum
Lubok Antu Depot (Land) 5,000 10,000 m3 per month 100,000 m3/annum
Total - Documented Timber Imports +/- 500,000 m3/annum
Estimated - Un-documented Timber Imports +/- 250,000 500,000 m3/annum
Total Timber Imported from Kalimantan to Sarawak 0.75 1 million m3/annum
* A subsidiary of Sarawak Timber Industry Development Corporation (STIDC)
2) Estimated Timber Trade Kalimantan to Sabah 0.75 1 million m3/annum (see below)
Source: Harwood Timber Sdn. Bhd., Jalan Satok, Kuching, Sarawak, East Malaysia
==========================================================================
Indonesian Official On Evidence Of Ille- had arrested two spies from Malaysia, who were
gal Logging By Malaysians conducting surveillance in the area of timber
smuggling. Suripto said the spies, caught in East
Samarinda: Aerial and satellite imagery of the Kalimantan, had stated that the illegal timber
East Kalimantan forests showed roads leading removal involving Malaysians had been going on
into Malaysia being used by logging business for six months and was under the protection of
operators. Evidence of timber looting - such as the Malaysian armed forces (ATM).
aerial photos, logging tracks and heavy equip- He estimated the quantity of smuggled timber
ment - is clearly there, yet so far nothing is be- from East Kalimantan at 80,000 100,000 cu.m
ing done about this activity, which is causing per month, 150,000 cu.m. per month from West
losses to the country, according to Risman Kalimantan and 70,000 cu.m. per month from
Situmeang, secretary of the East Kalimantan Riau. Data for Sorong was not available. During
Indonesian Reformist Timber Association, as Operation Tarakan last May, Kostrad Army Stra-
quoted by Antara news agency , in Samarinda tegic Reserve Command troops in Sabah-East
on Saturday. Theft of forest timber in the East Kalimantan (Nunukan District) found heavy
Kalimantan-Malaysia border areas Has been equipment, ammunition, a tent camp, a diesel
going on for a long time. It shows how weak the fuel tank,
security situation is in those areas, he said. In piles of logs to be smuggled out, and a camp
a visit to the border area, a regional assembly mess bearing the Malaysian army insignia.
(DPRD) delegation found a network of tracks Suripto was therefore determined to form a joint
made to support timber extraction... After re- Indonesian-Malaysian fact-finding team to inves-
ceiving a contribution of 5bn rupiah from the In- tigate the theft of timber in the border area. He
donesian Plywood said that the Malaysian ambassador to Indone-
Association (Apkindo) to help eliminate illegal tim- sia, Dato Rastam Mohd Isa, had reacted posi-
ber felling and removal, Forestry Department tively to the proposal.
Secretary-General Suripto told reporters in
Jakarta last Wednesday (21st June) that officials Source: BBC News Service, June 2000
Jay Blakeney 18
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Amarjit Kaur (1998) A History of Forestry in Sabah Forestry Department - Internal Reports
Sarawak. Modern Asian Studies, Volume (1999/2000) on Forest Law Enforcement
32, Issue 1, dated Feb 1998. pp 117-147
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British Broadcasting Corporation (BBC) News (1968 and Forest Rules 1969, amended
Service; June 2000, Article on Illegal to 1995), Kota Kinabalu, Sabah.
Trans-border Wood Trade Indonesia and
Malaysia. Sarawak Forest Department - Annual Reports
(1996-1998), Kuching
Department of Environment and Natural Re-
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ging
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Malaysia, New Zealand, Papua New (1958, amended to 1996), Kuching
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laysia
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FAO (1998): State of the Worlds Forests 1998, pansion of Forest Plantations.
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