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Artículo

26 May 2023

Autor:
Fiona McAlpine, Earth Island Journal

Malaysia: SLAPP lawsuit brought by Samling against NGO postponed for fourth time

"In Sarawak, Justice Delayed is Justice Denied", 26 May 2023

...The suit contends that SAVE Rivers published eight articles on its website between June 2020 and March 2021 that made false allegations and defamed Samling and two of its subsidiaries. The articles report on community claims that Samling had not adequately informed and consulted Indigenous residents who have customary rights to the land. It also alleges that the articles included untrue statements about Samling logging Indigenous lands without properly obtaining their consent. SAVE Rivers and local communities stand by the allegations they have leveled against the company...

SAVE Rivers — The Borneo Project’s key project partner on the ground — has been heavily impacted by Samling’s legal action, a ‘defamation’ lawsuit which is widely regarded as strategic litigation against public participation (SLAPP)...

Just a few days before the trial was set to go ahead, we learned that the case had been adjourned yet again. This is the fourth time in almost two years that the trial has been kicked down the road, leaving SAVE Rivers, a rare voice for Indigenous rights in Sarawak, gagged indefinitely once again as they await trial.

“I feel really frustrated,” said SAVE Rivers founder Peter Kallang... “Because I would like to see this done and over with so we can concentrate and do what we are supposed to do, which is support the Indigenous people. Now we are wasting our time, our resources, our finances, everything...”

Back in 2021, community organizations filed formal complaints with the Malaysian Timber Certification Council (MTCC), the national body that oversees the certification Samling obtained for several of its contested concessions. The MTCC accepted the complaint and began a dispute resolution process. Rather than engage with the communities and civil society to address concerns through this process, the timber company instead slapped SAVE Rivers with a 5 million ringgit ($1.1 million) lawsuit, which is equivalent to 45 times SAVE Rivers’ annual budget...

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