SELANGOR, MALAYSIA: A 23-year-old Jawi teacher, who was also a caretaker from a religious school linked to Global Ikhwan Services and Business Holdings (GISB) was sentenced to 10 years in prison for physically abusing three pupils, with one incident involving kneeling on a student’s chest.

The Klang Sessions Court handed down the sentence after the teacher Muhammad Barur Rahim Hisam pleaded guilty to four charges under Section 31(1)(a) of the Child Act 2001.

Judge Noridah Adam ordered Barur to serve two years for each of the first two charges and three years each for the third and fourth charges.

These sentences will run consecutively, starting from his arrest.

The court also imposed a five-year good behaviour bond, secured by a RM10,000 (approximately US$2,421) surety.

If Barur violates the bond, he will face an additional six-month jail term.

Barur, who was unrepresented in court, initially said he had nothing to offer in mitigation but later expressed regret, asking for a lighter sentence.

“I am truly repentant and vow not to repeat it. I am 23, unmarried, and supporting my parents,” he said.

The charges relate to separate incidents of abuse involving three boys aged 10 and 11 at two schools in Bandar Bukit Raja, Klang.

Barur, who also served as a warden, was accused of repeatedly caning two boys on their palms and kneeling on the chest of a third student. These incidents occurred in June, July, and September of this year.

Section 31 of the Child Act 2001 prescribes a maximum penalty of 20 years in jail or a fine of up to RM50,000 for child abuse. The act also requires courts to impose a good behaviour bond and community service as additional measures.

Prosecutor Criticises the caretaker’s Action As “Inhumane”

During the trial, Deputy Public Prosecutor Datin Kalmizah Salleh urged the court to impose the maximum sentence, stating that Barur’s actions were “inhumane” and should serve as a deterrent to others.

“As a caretaker, he should have protected these children. ”

“Instead, his acts of abuse, which were caught on video and went viral, have caused public outrage. The trauma inflicted on the victims will likely haunt them for years,” she said.

The facts of the case revealed that Barur caned one of the boys five times for littering, while another victim was caned six times on the palm.

Barur also abused a third student with a rotan, broomstick, and badminton racket, and recorded himself kneeling on the child’s chest while the boy screamed.

Medical reports confirmed the boys sustained multiple bruises and injuries.

Videos of the abuse went viral on social media, drawing public condemnation.

The Inspector-General of Police, Tan Sri Razarudin Husain, confirmed that GISB, the organisation linked to the school where Barur worked, had been under police scrutiny since 2011.

Several cases of child abuse linked to GISB-operated homes have surfaced, prompting a police crackdown known as “Op Global.”

Launched on 11 September, the operation targeted 20 welfare homes in Selangor and Negri Sembilan operated by GISB, leading to the rescue of 402 children, some as young as one year old.

Subsequent raids have brought the total number of rescued children to 572, and 355 individuals, including religious teachers, have been arrested.

Investigations revealed that many children had suffered physical and emotional abuse, and 13 were victims of sexual assaults, including sodomy.

In response to these revelations, GISB chairman Datuk Nasiruddin Mohd Ali acknowledged that “one or two” cases of sodomy had occurred within the organisation’s welfare homes but insisted they involved only a few individuals.

Sultan of Selangor Orders Immediate Closure of Unregistered GISB-Linked Charity Homes and Schools

On 21 September, Sultan of Selangor Sultan Sharafuddin Idris Shah ordered the immediate closure of all unregistered charity homes and Islamic schools linked to GISB in the state.

The Sultan expressed disappointment over the criminal activities reported and emphasised the need to protect children from further harm.

He noted that many of these homes had been operating illegally for years without proper registration, particularly in Selangor.

A coalition of environmental, human rights, and Indigenous organizations is urging the European Union (EU) to classify Malaysia’s Sarawak state as “high risk” under its new anti-deforestation regulation. Sarawak, home to millions of hectares of ancient rainforests, faces severe deforestation risks and violations of Indigenous peoples’ rights, according to a joint assessment by groups including Human Rights Watch, RimbaWatch, and SAVE Rivers.

The call to action comes ahead of the EU’s pending decision to categorize regions based on their deforestation risks under the new law.

The EU Deforestation-Free Products Regulation (EUDR), set to be enforced from January 2025, aims to curb the import of commodities like timber and palm oil linked to deforestation and human rights violations.

Sarawak’s history of deforestation, especially for timber and oil palm plantations, makes it a significant concern. A high-risk designation under the EUDR would lead to stricter import checks and increased due diligence requirements for EU companies dealing with products from Sarawak.

Land Rights Violations and Deforestation Concerns

The coalition’s analysis highlights Sarawak’s controversial land laws, which undermine Indigenous land rights while promoting commercial exploitation of the state’s forests.

According to Luciana Téllez Chávez, senior environment and human rights researcher at Human Rights Watch, Sarawak’s land code places “insurmountable obstacles” on Indigenous communities’ ability to gain legal recognition for their ancestral lands.

These laws allow companies to operate with impunity, often disregarding Indigenous land claims. The coalition argues that Sarawak’s record justifies a “high risk” classification, which would necessitate increased oversight of timber and palm oil imports into the EU.

Sarawak’s ambitious plans to expand industrial timber plantations, aiming to establish one million hectares by 2025, are another point of concern.

Achieving this goal would require converting over 400,000 hectares of naturally regenerating forests between 2022 and 2025. This trend poses a significant threat to biodiversity and the rights of Indigenous peoples.

Deficiencies in Certification and Transparency

Despite Sarawak’s reliance on the Malaysian Timber Certification Scheme (MTCS), civil society organizations have flagged significant flaws in the program.

Local activists argue that MTCS does not adequately protect Indigenous rights or prevent deforestation. Celine Lim, managing director of SAVE Rivers, emphasizes that logging continues on Indigenous lands without proper consultation or consent, further eroding trust in certification standards.

Additionally, Sarawak’s opaque land management practices hinder transparency. The state has not made available comprehensive data on Indigenous lands or disclosed the locations of leases granted to logging and palm oil companies.

This lack of transparency prevents Indigenous communities and civil society from holding companies and the government accountable.

EU’s Role in Enforcing Sustainable Practices

Under the EUDR, the European Commission will classify regions as “low, standard, or high risk” by the end of 2024.

A high-risk designation for Sarawak would mandate EU member states to triple their customs checks on imports of wood and palm oil products from the region.

EU-based companies would also need to conduct more rigorous checks to mitigate environmental and human rights violations linked to these products. This process would require close collaboration between the EU and Malaysian authorities to reduce risks and ensure compliance with the new regulation.

Sarawak’s timber and palm oil exports to the EU have been significant in recent years. According to a Sarawak government report, the state exported at least MYR 37.3 million (€7.8 million) worth of timber to EU countries like the Netherlands, France, and Greece in 2023.

The EU remains the third-largest market for Malaysian palm oil exports, underscoring the importance of Sarawak’s compliance with international sustainability standards.

Challenges in Malaysian Government Response

The Malaysian government has pushed back against the EUDR, criticizing its definitions and monitoring processes.

The government contends that industrial timber plantations, which involve replacing natural forests with single-species plantations, should not be classified as deforestation. Critics argue that this stance overlooks the environmental degradation and loss of biodiversity associated with such practices.

Adam Farhan, director of RimbaWatch, warns that Malaysia may be attempting to bypass EU restrictions by downplaying the scale of deforestation in timber plantations. Farhan stresses the need for stringent due diligence on Malaysian forest-risk commodities.

The federal government has mandated that palm oil plantations established after 31 December 2019, on deforested land, cannot receive sustainable certification under the Malaysian Sustainable Palm Oil (MSPO) standard.

However, enforcement remains uncertain, as states hold jurisdiction over land and forest administration. Civil society groups are urging the Malaysian government to strengthen its oversight mechanisms and improve its sustainability certification programs to meet EU requirements.

International and Local Advocacy for Reform

In May 2024, the coalition of civil society organizations submitted recommendations to Malaysia’s federal Plantation and Commodities Ministry, urging reforms to align with international human rights and environmental standards.

Key recommendations include incorporating the United Nations Declaration on the Rights of Indigenous Peoples into federal legislation and introducing laws to prevent strategic lawsuits against public participation (SLAPPs), which are often used to silence critics of deforestation practices. The government has not yet responded to these calls.

As the EU moves forward with its anti-deforestation law, the decision to designate Sarawak as high risk could have far-reaching implications for Malaysia’s timber and palm oil industries. Environmental groups argue that strong enforcement of the EUDR is necessary to prevent further forest loss and protect Indigenous communities’ rights in Sarawak.