RIMBAWATCH is disappointed by the Department of Environment’s (DOE) approval of an environmental impact assessment (EIA) for an 8,500ha palm oil project in Pahang.

This project involves the deforestation of an area nearly twice the size of Putrajaya and is the largest single palm oil project to have been approved in Peninsular Malaysia in recent years.

We are alarmed by the following key environmental issues:

1. Malaysian Sustainable Palm Oil certification (MSPO) does not allow for deforestation occurring after 2020.

Malaysia is targeting 100% MSPO certification, and has stated an intention to make MSPO mandatory for all plantations, so this project cannot receive MSPO certification.

This means the product can neither be processed nor exported, and therefore there is no economic case for it to go ahead.

Furthermore, the DOE approval is in direct conflict with Malaysia’s actions to accelerate sustainability in the palm oil industry and improve the international reputation of this commodity.

2. The project would result in unavoidable adverse impact to the area’s ecology and biodiversity.

The clear-felling of intact natural forests will destroy habitats and cause ecosystem fragmentation.

According to the EIA sighted by RimbaWatch, it recognises that the project area is inhabited by mammals and fauna considered to be near threatened, vulnerable and endangered according to the International Union for Conservation of Nature (IUCN) red list.

The project area is inhabited by the elephant, leopard, Malayan tiger and tapir (all endangered), sun bear (vulnerable), and small otter (bear threatened).

3. The EIA was approved despite there being inadequate measures to mitigate such an impact.

For example, the loss of biodiversity is addressed by measures including setting up signs to deter poachers, and fencing the site.

None of these measures address the key issues of the deforestation and the resulting habitat loss for endangered species.

4. Further, the EIA fails to address the tremendous carbon stock loss that would result and, in turn, it disregards the implications of forest loss on Malaysia’s overall carbon sinks.

Malaysia is internationally obligated to preserve and enhance its natural carbon sinks, including forests, through frameworks such as the Paris Agreement.

The lack of mitigation plans for climate risks is unacceptable in light of the climate crisis and the corresponding need for the government to drastically reduce emissions.

Protecting our forests is key in limiting warming to 1.5C.

5. The loss of forests increases the risk of human-wildlife conflict (HWC). The EIA accepts that HWC is expected to occur and outlines the risk of conflict with pig-tailed macaques, wild boars, tapirs, leopard cats, snakes, sun bears, elephants, and even tigers.

This is likely to escalate the risk of crop damage, destruction of property and even injury or death.

The economic and human costs of HWC in Malaysia are already high, and this project would only exacerbate this problem.

6. The project site overlaps with Orang Asli Tanah Adat. The EIA misrepresents and downplays the concept of customary land and indigenous land rights, which it only addresses by stating that the Orang Asli’s application for their land to be gazetted has not been approved by Jakoa.

Not only does the EIA fail to recognise the Orang Asli’s rights to their lands, but it further claims that the project will not impact Orang Asli livelihoods or access to the forests.

7. Further, the EIA fails to address the allegations that the Orang Asli’s consent to the project was fraudulently obtained.

It only mentions that the Orang Asli communities within the project site have “agreed” to compensation offered by the project proponent, yet make no reference at all to the blockades erected by the Orang Asli in protest.

8. There is an absence of any sufficient mitigation plans to address these potential human rights violations in the EIA.

9. Malaysia is a signatory to the United Nations Declaration on the Rights of Indigenous Peoples.

Despite this, one of the key tenets of the declaration – “free, prior and informed consent” – has allegedly not been followed by this project and the EIA fails to make any attempt to address this matter.

This is highlighted in the recent judicial review filing by seven Orang Asli from Kampung Berengoi-Mesau claiming that the approval breaches their right to a clean, safe and sustainable environment under the Federal Constitution.

RimbaWatch calls on the DOE to retract its approval of the EIA on the basis that the project involves potential human rights violations, large-scale deforestation, biodiversity loss and climate risks which cannot be adequately mitigated.

Furthermore, we urge the DOE to implement stricter guidelines and a more stringent approval process to ensure that any future proposed developments adequately protects Malaysia’s biodiversity and citizens. – April 2, 2023.

* RimbaWatch is a civil society group.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.