Malaysia's capital of cronyism - Rengah Sarawak

Malaysia’s
Capital of cronyism
The chief minister of Sarawak state is Handing out concessions
for local dams and oil palm plantations where virgin forest
once stood—often to companies linked to his family.
By Yoolim Lee Photographs by MUNSHI AHMED
116
fter a stomach-churning takeoff from a 550-meter runway at Long
Banga airstrip on the Malaysian side of the island of Borneo, the
19-seat plane soars over a green tropical wilderness. This is one of
the world’s last remaining virgin rain forests.
About 30 minutes into the flight to the bustling oil town of Miri,
the lush landscape changes, and neatly terraced fields of oil palms
take the place of jungle. Twenty years ago, this was forestland.
Now, those forests are lost forever.
AThe shift from rain forest to oil palm cultivation in Malaysia’s
bloomberg markets October 2009

Sarawak state highlights the struggle taking place between
forces favoring economic development, led by Sarawak state’s
chief minister, Abdul Taib Mahmud, and those who want to
conserve the rain forest and the ways of life it supports. During
Taib’s 28-year rule, his government has handed out concessions
for logging and supported the federal government’s
megaprojects, including the largest hydropower site in the
country and, most recently, oil palm plantations. The projects
are rolling back the frontiers of Borneo’s rain forest, home to
nomadic people and rare wildlife such as orangutans and proboscis
monkeys. At least four prominent Sarawak companies
that have received contracts or concessions
have ties to Taib or his family.
The government of Malaysia plans to
transform the country into a developed
nation by 2020 through a series of projects
covering everything from electric
The landscape of
Sarawak is
changing from
rain forest into
oil palm
plantations.
power generation to education. The country’s gross domestic
product, which has been growing at an average 6.7 percent annual
pace since 1970, shrank 6.2 percent in the first quarter.
In Sarawak, Taib’s government is following its own development
plans that call for doubling the state’s GDP to 150 billion
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October 2009 bloomberg markets

118
ringgit ($42 billion) by 2020. Sarawak Energy Bhd., which is 65
percent owned by the state government, said in July 2007 it
plans to build six power plants, including hydropower plants and
coal-fired plants. The state government also wants to expand the
acreage in Sarawak devoted to oil palms to 1 million hectares
(2.5 million acres) by 2010, from 744,000 at the end of 2008,
according to Sarawak’s Ministry of Land Development. Companies
that formerly chopped down hardwood trees and exported
the timber are now moving into palm plantations. Meanwhile,
many of the ethnic groups who have traditionally lived from the
land in Sarawak—known as Dayaks—have filed lawsuits that aim
to block some projects and seek better compensation.
Sarawak’s chief minister is also
finance minister and planning and
resources management minister—which
gives him the power to dispense land,
forestry and palm oil concessions.
Sarawak’s ambitions could be hindered by a lack of
good governance, which would shut out overseas investors,
says Steve Waygood, head of sustainable and
responsible investment research at Aviva Investors in
London, which manages more than $3 billion in sustainable
assets. “Even just the perception of corruption can lead to
restricted inflows of capital from the global investment community
into emerging markets such as Sarawak,” says Waygood,
who wrote about reputational risk in a 2006 book, Capital
Market Campaigning (Risk Books). “The largest and most
responsible financial institutions are very careful to avoid funding
unsustainable developments,” he says.
Unilever NV, which buys 1.5 million tons of palm oil a
year—4 percent of the world’s supply—for use in products
such as Dove soap and Flora margarine, announced in May
that it would buy only from sustainable sources. “Unilever
Fading Forest
Logging, oil palm plantations and mega development
projects are fast rolling back Sarawak’s frontiers.
VIETNAM
South China Sea
BRUNEI
M A L A Y S I A
SINGAPORE
BORNEO
I N D O N E S I A
Kuching
Kampung Rejoi
Kampung Lebor
Source: Digital Wisdom
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Miri
SARAWAK
Long Kerong
Baram River
Long Banga airstrip
Bakun Dam
does not source any palm oil directly from Sarawak,” says Jan
Kees Vis, Unilever’s director of sustainable agriculture. “We
buy from plantation companies and traders located elsewhere.”
He says Unilever has committed by 2015 to buy all of
its palm oil from sources certified by the Roundtable on Sustainable
Palm Oil, a group representing palm oil producers,
consumers and nongovernmental organizations that seeks to
establish standards for sustainably produced palm oil. Malaysia
is a member of the RSPO.
About 35 percent of the world’s cooking oil comes from
palm—more than any other plant, according to the U.S. Department
of Agriculture. And 90 percent of the world’s palm
oil comes from Malaysia and neighboring Indonesia. The oil is
an ingredient used in everything from Skittles candy to Palmolive
soap to some kinds of biodiesel fuel. Palm oil futures have
climbed 45 percent this year as of Aug. 10 on concern that dry
weather caused by El Nino may reduce
output. Crude oil prices rose to a fiveweek
high of $72.84 a barrel, spurring
demand for biodiesel.
Malaysia lost 6.6 percent of its forest
cover from 1990 to 2005, or 1.49 million
hectares, the most-recent data available
from the United Nations Food and Agriculture
Organization show. That’s an area
equivalent to the state of Connecticut.
Neighboring Indonesia lost forestland at
the fastest annual rate among the world’s
44 forest nations from 2000 to 2005, Amsterdam-based
Greenpeace says.
“Palm oil is the new green gold after
timber,” says Mark Bujang, executive director
of the Borneo Resources Institute
in Miri, a city of about 230,000 people in
Sarawak. “It has become the most destructive
force after three decades of unsustainable
logging.”
While Malaysia’s palm oil exports have
more than doubled to a record 46 billion
ringgit in 2008 from 2006, according to
the country’s central bank, the gain has
come at a price. Development projects
and palm plantations have displaced
thousands of people, some of whom have
lived for centuries by fishing, hunting and
farming in the jungle. Almost 200 lawsuits
are pending in the Sarawak courts
relating to claims by Dayak people on
lands being used for oil palms and logging,
according to Baru Bian, a land rights
lawyer representing many of the claimants. A
handful of activists have been found dead
under mysterious circumstances or disappeared,
including Swiss environmental

activist Bruno Manser, who vanished in the jungle in 2000.
Cutting down rain forests to cultivate palms in Sarawak has
consequences far beyond Malaysia, says Janet Larsen, director
of research at the Washington-based Earth Policy Institute. The
forests that are being destroyed help modulate the climate because
they remove vast stores of carbon from the atmosphere.
Chopping down the trees ends up releasing greenhouse gases.
“These last remaining forests are the lungs of the planet,” Larsen
says. “It affects us all.”
Chief Minister Taib, 73, has multiple
roles in Sarawak. He’s also the state’s finance
minister and its planning and resources
management minister—a role
that gives him the power to dispense land,
forestry and palm oil concessions as well
as the power to approve infrastructure
Logging, right, is
giving way to palm
cultivation, below.
The Sarawak state
wants to double palm
oil plantation land by
2010 from 2006.
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October 2009 bloomberg markets

120
projects. Until last year, Taib held the additional role of chairman
of the Sarawak Timber Industry Development Corp., which
fosters wood-based industries in the state.
Anwar ibrahim, the former Malaysian finance minister
who’s the head of the country’s opposition alliance,
sees parallels between Taib’s rule and those of other
long-standing leaders in Southeast Asia, such as former
Indonesian President Suharto and former Philippine leader Ferdinand
Marcos. “It’s an authoritarian style of governance to protect
their turf and their families,” says Anwar, who was fired as deputy
prime minister by then Prime Minister Mahathir Mohamad in
1998 and jailed on charges of having homosexual sex and abusing
power. The sodomy conviction was overturned in 2004.
Sim Kwang Yang, an opposition member of parliament for
Sarawak’s capital city of Kuching from 1982 to 1995, agrees
with Anwar’s assessment. “It is crony capitalism driven by
greed without any regard for the people,” he says.
Taib’s adult children and his late wife, Lejla, together owned
more than 29.3 percent of Cahya Mata Sarawak Bhd., the
state’s largest industrial group, with 40 companies involved in
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construction, property development, road maintenance, trading
and financial services, according to the company’s 2008 annual
report. Local residents jokingly say that the company’s
initials, CMS, stand for “Chief Minister and Sons.” In total,
CMS has won about 1.3 billion ringgit worth of projects from
the state and the federal government since the beginning of
2005, according to the firm’s stock exchange filings.
Taib declined to comment for this article. In an interview he
gave to Malaysia’s state news agency, Bernama, on Jan. 13,
2001, Taib said CMS’s ties to him had nothing to do with its
winning government jobs. “I am not involved in the award of
contracts,” he said. “No politician in Sarawak is involved in the
award of contracts.” He told Bernama he
doesn’t ask for special treatment of his
Chief Minister Taib,
right, pictured here sons. “I never ask anybody to do any favors,”
he said.
with former Prime
Minister Abdullah
Mahmud Abu Bekir Taib, the elder of
Badawi, looks at the
model of an energy Taib’s two sons, is CMS’s deputy chairman
and owns 8.92 percent of the firm,
project in Sarawak.
The Bakun Dam,
according to the annual report. Sulaiman
Abdul Rahman Taib, the younger
under construction,
will submerge an
area equivalent to son and CMS’s chairman until 2008,
the size of Singapore.
holds an 8.94 percent stake. Taib’s two
daughters and his son-in-law are also
listed in the annual report as “substantial shareholders.”
Taib, a Muslim who belongs to the Melanau group—one of
about 27 different ethnic groups in Sarawak—entered politics
at the age of 27 after graduating from the University of Adelaide
in Australia with a law degree in 1960. He held various ministerial
positions in Sarawak and Malaysia before taking over in
1981 as the chief minister from his uncle, Abdul Rahman
Yaakub. Rahman, now 81, ruled Sarawak for 11 years.
Taib, who has silver hair, appears almost daily on the front
pages of Sarawak newspapers, sometimes sporting a goatee and
a pair of rimless glasses, at the opening of new development
projects or local events. He lives in Sarawak’s capital city of
Kuching, an urban area of about 600,000 people on the Sarawak
River. Its picturesque waterfront is dotted with colonial buildings,
the legacy of British adventurer James Brooke, who
founded the Kingdom of Sarawak in 1841 and became known as
the White Rajah. Brooke’s heirs ruled the kingdom until 1946,
when Charles Vyner Brooke ceded his rights to the U.K. Sarawak
joined the Federation of Malaysia on Sept. 16, 1963, along
with other former British colonies.
At Taib’s mansion, which overlooks the river, he receives
guests in a living room decorated with gilt-edged Europeanstyle
sofa sets, according to photos in the July to December
2006 newsletter of Naim Cendera Holdings Bhd., which
changed its name to Naim Holdings Bhd. in March. Naim is a
property developer and contractor whose chairman is Taib’s
cousin, Abdul Hamed Sepawi. He is also chairman of state
power company Sarawak Energy and timber company Ta Ann
Holdings Bhd., and is on the board of Sarawak Timber Industry
Development Corp. and Sarawak Plantation Bhd.
landov (top); xping via flickr

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Naim and cms jointly built Kuching’s iconic waterfront
building, the umbrella-roofed, nine-story Sarawak
State Legislative Assembly complex. Naim has won
more than 3.3 billion ringgit worth of contracts from
the state and the federation since 2005, its stock exchange filings
show. Ricky Kho, a spokesman for Naim, said the company
declined to comment for this article. Naim’s deputy managing
director, Sharifuddin Wahab, said in an interview with
Bloomberg News in July 2007, that the chairman’s family ties
weren’t why the company won government contracts. “We
have been able to execute our projects on time, we stick to the
budget and the quality of what we hand over to the government
is up to their expectations, if not more,” he said.
“Our teams have always acted professionally” when working
with the government, whether on large or small projects, CMS’s
group managing director, Richard Curtis, said in an e-mail.
“CMS is governed by the strict listing regulations of the Malaysian
stock exchange,” he said, adding that the chairman and the
group managing director are both independent.
“The large projects carry with them an equally large risk, including
a huge reputational risk, particularly for crucial projects
by the government,” he said. “It is the government’s
prerogative and discretion to award projects using a variety of
approaches that includes open and closed tenders as well as directly
negotiated processes, to the contractors and developers
they feel will deliver the project as promised.”
Malaysia’s reputation as a place to conduct business has
deteriorated in recent years, according to Transparency International,
the Berlin-based advocacy group that publishes an
annual Corruption Perceptions Index. Transparency ranked
the country 47th out of 180 in 2008,
down from 43rd in 2007. Transparency
also has singled out the Bakun Hydroelectric
Dam, under construction on the
Balui River in Sarawak, as a “monument
of corruption.”
The index lacks fairness, says Ahmad
Said Hamdan, chief commissioner of the
Malaysian Anti-Corruption Commission,
because it doesn’t take into consideration
the size of the population of the
countries in the ranking, for example.
“I’ve seen a lot of improvement in civil
service in the past 10 years,” he says.
Early this year, hundreds of dead fish
started floating on the muddy river near
Penan people have the Bakun dam site. The fish were killed
lived for centuries by by siltation, which was triggered by uncontrolled
logging upstream, Sarawak’s
fishing and hunting in
the forest. Penan
headman and antilogging
activist
public health, Abang Abdul Rauf Abang
assistant minister of environment and
Kelesau Naan, above,
died under mysterious Zen, says. He says the Bakun dam has
circumstances.
very strict environmental assessments
and isn’t to blame for the siltation.
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In January, Tenaga Nasional Bhd., Malaysia’s state-controlled
power utility, and Sarawak Energy said they won approval
from the national government to take over the operation
of the hydropower project through a leasing agreement. Sarawak
Energy also won preliminary approval to export about
1,600 megawatts of electricity from the 2,400-megawatt Bakun
project, once it begins operating, to Peninsular Malaysia. The
remaining power will go to Sarawak.
In 1994, Taib announced a plan called New Concept. The
aim was to bring together local people, with their customary
rights to the land, and private shareholders, who would
‘the government is cruel,’ says Jengga Jeli, a Lebor
resident whose village has sued for compensation.
‘fruit trees have been cut down. It’s become
harder to hunt and fish.’
provide capital and expertise to create plantations. The plan
called for companies to hold a 60 percent stake in the joint
ventures, the state to own 10 percent and the remaining 30
percent to go to local communities in return for a 60-year
lease on their land. That time period equals about two complete
cycles of oil palm development. An oil palm typically matures
in 3 years, reaches peak production from 5 to 7 years and
continues to produce for about 25 years, says Nirgunan
Tiruchelvam, a commodities analyst at Royal Bank of Scotland
Group Plc in Singapore.
The policy has led to some disagreements. In his interview
with Bernama in 2001, Taib said land acquisitions
by the state have led to “emotional” disputes because
some people seek too much compensation. “We are
not allowed to pay more than market value,” he told Bernama.
He said people need to prove that they have traditionally lived
in an area—for example, by providing an aerial photograph—in
order for the state to grant them title to the land. “If there are
disputes, they go to the court,” Taib told Bernama.
Some local people say they received no compensation at all
for their land. In Kampung Lebor, a village about a two-hour
drive from Kuching, 160 families, members of the Iban group
that was formerly headhunters, live in longhouses and survive
by fishing and some farming. The Iban are Sarawak’s largest single
group of Dayaks, who make up about half of the state’s 2.3
million population.
In mid-1996, the state handed out parcels of land that overlapped
with the community’s customary hunting and fishing
areas to the Land Custody and Development Authority and
Nirwana Muhibbah Bhd., a palm oil company in Kuching. In
mid-1997, the authority and the company cleared the land with
bulldozers and planted oil palm seedlings, according to a copy
of Kampung Lebor’s writ of summons filed to the High Court
in Kuching.
“The government is cruel,” says Jengga Jeli, 54, a father of
five in Lebor. “Fruit trees have been cut down. It’s become
bloomberg markets October 2009
harder to hunt and fish. Now we are forced to get meat and vegetables
from the bazaar, and we are very poor.” Jengga’s village
filed a lawsuit in 1998 against Nirwana, LCDA and the state government
in a bid to get compensation.
The case was finally heard in 2006 and is now awaiting judgment,
according to Baru Bian, who is representing the Iban in
Kampung Lebor. Reginal Kevin Akeu, a lawyer at Abdul Rahim
Sarkawi Razak Tready Fadillah & Co. Advocates, which is representing
Nirwana and LCDA, declined to comment.
The cases show that the development projects, including
plantations and dams, haven’t helped poverty among the local
people, many of whom live without adequate
electricity or schools, says Richard
Leete, who served as the resident representative
of the United Nations Development
Program for Malaysia, Singapore
and Brunei from 2003 to 2008.
“This is the paradox of Sarawak—the great wealth it has, the
natural resources in such abundance, and yet such an impoverishment
and the real hardship these communities are suffering,”
says Leete, who chronicled Malaysia’s progress since its
independence from Britain in his book Malaysia: From Kampung
to Twin Towers (Oxford Fajar, 2007). “There has no doubt been
a lot of money politics,” he says.
In the rugged hills about 150 kilometers (93 miles) south of
Kuching, some 160 Bidayuh families, known as the Land
Dayaks, are clinging to their traditional habitat, while a dam is
under construction nearby. They live by farming and fishing.
With only a primary school in the village, children have to go to
boarding schools outside the jungle to get further education,
crossing seven handmade bamboo bridges and trekking two
hours over the hills when they return home. The state has offered
the Bidayuhs 7,500 ringgit per hectare, 80 ringgit per rubber
tree and 60 ringgit per durian fruit tree in compensation for
their native land, says Simo ak Sekam, 48, a resident of Kampung
Rejoi, one of four villages in the
See Chee How, a
land rights lawyer
for the Dayaks, in
front of a poster
of opposition
leader Anwar.
area. In Rejoi, about half of 39 families
have refused.
“We don’t want to move because we
are happy here,” Simo says. “We feel
very sad because our land will be

126
covered with water. The
young generations won’t
know this land. They won’t
see the bamboo bridges.”
The builder of the local
reservoir is Naim Holdings—the
company headed
by Chief Minister Taib’s
cousin. The state awarded
Naim the 310.7 million–
ringgit contract without
putting it out for bids.
Naim’s statement announcing
the deal in July 2007 said
it won the job on a “negotiated
basis.”
One of the most threatened
groups is the Penan,
nomadic people who live
deep in the jungle on the upper
reaches of the Baram
River. On a steamy equatorial
morning in late October
2007, Long Kerong village leader Kelesau Naan and his wife,
Uding Lidem, walked two hours to their rice-storing hut. Kelesau,
who was in his late 70s and who had protested logging activity
in their area, told Uding he’d go check on an animal trap
he had set nearby. He never came back.
Two months later, his skull and several pieces of his
bones, along with his necklace made of red, yellow and
white beads, surfaced on the banks of the Segita River.
Inspector Sumarno Lamundi at the regional police
station says the investigation is ongoing.
It was just the latest tragedy among activists working for the
Penan since the early 1990s, when rampant logging took place.
At least two other Penan were found dead, including Abung
Ipui, a pastor and an advocate for land rights for his village. His
body was found in October 1994 with his stomach cut open.
Manser, the Swiss activist for the rights of the Penan, vanished
without a trace from the Borneo rain forests in May 2000 and
was officially declared missing in March 2005.
Kelesau’s death has made the Penan willing to stand up for
their survival. “We are scared of something terrible happening
to us if we don’t resist,” says grim-faced Bilong Oyoi, 48, headman
of Long Sait, a Penan settlement close to Long Kerong. Bilong,
who wears a traditional rattan hat decorated with hornbill
feathers, says his group is setting up blockades to resist logging
activities. They are also working with NGOs to get attention for
their plight and filing lawsuits.
With the help of the Basel, Switzerland–based Bruno Manser
Fund, an NGO set up by the late activist, Bilong and 76 other
Penan sent a letter—which some signed using only thumb
prints—to Gilles Pelisson, the chief executive officer of French
bloomberg markets October 2009
A Penan man in
traditional garb
hunts using darts
and a blowpipe.
hotel chain Accor SA. The letter urged Accor
to think twice about partnering with
logging company Interhill Logging Sdn. to
build a 388-room Novotel Interhill in
Kuching. The Penan community says Interhill’s
operations in Sarawak have a devastating effect on them.
Accor responded by sending a fact-finding mission to Sarawak
to investigate Interhill’s logging activities. “If the worstcase
scenario occurs and if no action plan is implemented, we
will not continue with our partnership,” Helene Roques, Accor’s
director for sustainable development in Paris, said in
June. In mid-August, she said she expects “good results” by the
end of September.
No foreign investor has made a larger bet on Taib’s development
plans than Rio Tinto Alcan, a unit of London-based mining
company Rio Tinto Plc. A joint venture between Rio Tinto
and CMS for a $2 billion aluminum smelter has been negotiating
power purchase agreements with Sarawak Energy for more
than 12 months, according to Julia Wilkins, a Rio Tinto Alcan
spokeswoman in Brisbane, Australia.
CMS meets Rio Tinto’s requirements as a joint-venture partner,
she says. “CMS is a main-board-listed company with its
own board of directors,” she says. “It has a free float of shares in
excess of the minimum market requirement. The chairman and
the group managing director are both independent.”
Malaysia grants special economic advantages to the country’s
Malay majority and the local people of Sabah and Sarawak
states on Borneo, collectively referred to as Bumiputra—literally,
sons of the soil. Still, the country is leaving behind many of
its ethnic minorities, says Colin Nicholas, a Malaysian activist of
Eurasian descent who has written a book about the mainland’s

oldest community,
The Orang
Asli and the Contest
for Resources
(IWGIA, 2000).
One person trying
to help the
Dayaks is See
Chee How, 45, a
land rights lawyer
who became an activist after meeting Sim, the former opposition
member of parliament in Kuching. In 1994, See witnessed
an attack on Penan demonstrators who’d erected a roadblock
to prevent logging trucks from driving through their land. A
6-year-old boy died after security forces used tear gas on the
demonstrators, he says. “They were completely powerless,”
recalls the soft-spoken, crew-cut See, sporting a white T-shirt
and a pair of jeans, in his office above a bustling market in
Kuching. “They were depending on logging trucks to move
around because their passageways had been destroyed by logging
trails.” See now works with Baru Bian, 51, one of the first
land rights lawyers representing the Dayaks in Sarawak.
Nicholas says Sarawak’s people have to fight for their rights
not only through lawsuits but by voting. “The biggest problem
we have with indigenous people’s rights is that we have the federal
government and state government run and dictated by
people who have no respect or interest for indigenous people,”
he says. “We need a change of government.” The prime minister’s
office declined to comment.
Opposition leader Anwar says change is possible. His
Palm Oil Statistics
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Sarawak’s State
Legislative
Assembly
complex was
built by two
companies with
family ties to the
chief minister.
alliance won control of an unprecedented
five states in Peninsular Malaysia
in a March 2008 election. Malaysian
Prime Minister Najib Razak’s ruling coalition
has lost at least four regional polls
held this year. “I think this is a turning
point,” Anwar says.
Still, Taib’s coalition won 30 of Sarawak’s
31 seats in March 2008 parliamentary
elections. That helped the ruling
National Front coalition led by then
Prime Minister Abdullah Ahmad Badawi
retain a 58–seat majority, ahead of Anwar’s
People’s Alliance. Sarawak is due
to hold the next election by 2011.
Taib defended his government’s program
to turn forestlands into oil palm
plantations as a way of improving living
standards for the Dayaks at a seminar on native land development
in Miri on April 18, 2000. “Land without development is
a poverty trap,” he said, according to his Web site. Many
Dayak people, who have seen their land transformed as a result
of Taib’s policies and companies linked to him, say they
are still waiting to see their share of wealth. ≤
Yoolim Lee is a senior writer at Bloomberg News in Singapore.
yoolim@bloomberg.net With assistance from Claire Leow in Singapore
and Ranjeetha Pakiam in Kuala Lumpur.
To write a letter to the editor, type MAG or send an e-mail
to bloombergmag@bloomberg.net.
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list of the matching companies.
JON ASMUNDSSON
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