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NGO Rejoinder

15 Sep 2021

The Borneo Project

Rejoinder from The Borneo Project to Samling


  1. Our coalition of organisations has, from the beginning, outlined clear solutions to the failures in the certification process of the concessions in consideration (see below). While the Malaysian Timber Certification Council MTCC has since addressed some of the flaws in the complaint mechanism itself, none of the other issues have been addressed. Instead of engaging with these solutions, Samling is threatening a local NGO with legal action.
  2. The MTCC was in the process of scheduling a stakeholder roundtable with all parties when Samling filed their suit. Samling, through its legal representation, asked the MTCC to halt proceedings... This halts the MTCC proceedings in addition to preventing the stakeholder roundtable.
  3. Samling attempted to contact Peter Kallang once via phone call. In this phone call Peter indicated that the solution was to include the communities in these discussions, rather than alone with Peter...

Previously Identified Issues and Solutions

  1. Lack of Transparency
    Solutions — distribution of key decision making documents
  2. Failure to obtain free, prior and informed consent:
    Solutions — ensuring consent is free, prior and informed
  3. Disregard of community dependence on forest resources
    Solutions — recognition of forest resources as critical to indigenous livelihoods, health and wellbeing
  4. Disregard of community initiatives for forest conservation
    Solutions — upholding indigenous-led forest conservation initiatives
  5. Flaws in the complaint mechanism
    Solutions — create a transparent complaints system