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.

The CIVICUS Monitor has once again added Thailand to its Watchlist of countries experiencing rapid declines in civic freedoms.

This decision follows a series of significant developments, including the dissolution of a major opposition party and the ongoing use of strict lèse-majesté laws to suppress political dissent.

On 7 August 2024, Thailand’s Constitutional Court dissolved the opposition Move Forward Party, which had won the most seats in the recent general election.

The court charged the party with treason for advocating reforms to Penal Code Article 112, which governs lèse-majesté (royal defamation), and imposed 10-year political bans on all executive members who served from April 2021 to January 2024.

Human rights organizations have condemned the ruling as politically motivated.

Josef Benedict, a CIVICUS Monitor Asia researcher, described the dissolution of the party as “a blatant attempt to stifle political opposition and silence voices calling for reform,” noting that the decision undermines democratic processes and violates the right to political participation.

Thailand’s government has been criticized for its continued use of lèse-majesté laws to target activists. According to Thai Lawyers for Human Rights (TLHR), at least 272 individuals have been prosecuted under the law since 2020.

Recent cases include the sentencing of three activists to seven years in prison for singing a protest song on 18 July, and the conviction of human rights lawyer Arnon Nampa to four years in jail on 25 July for social media posts about the monarchy. Pro-democracy activist Parit “Penguin” Chiwarak was sentenced in absentia to two years in prison on similar charges on 31 July.

Further highlighting the deteriorating human rights situation, in Thailand’s Deep South, Malay Muslim human rights defender Roning Dolah was killed in June 2024. Additionally, nine activists face potential charges of sedition in connection with their participation in a cultural event in 2022.

Josef Benedict emphasized the broader implications of these developments, stating, “The ongoing use of lèse-majesté laws to target activists and critics is deeply troubling for a country seeking a place on the UN Human Rights Council. These actions are part of a broader pattern of repression that is eroding civic space and silencing dissent in Thailand.”

Another concern is the rise of transnational repression. Independent UN experts have raised alarms over Vietnam’s request for Thailand to extradite human rights defender Y Quynh Bdap, whose extradition hearings are ongoing. There are fears that Bdap may face severe persecution if returned to Vietnam.

Despite these concerns, Prime Minister Paetongtarn Shinawatra, elected in August 2024, has yet to address the growing criticisms. The CIVICUS Monitor continues to urge the Thai government to halt its crackdown on dissent and uphold its obligations under international human rights laws.

Thailand currently holds a ‘Repressed’ rating on the CIVICUS Monitor, which classifies 50 countries worldwide as heavily restricting civic freedoms through legal and practical measures imposed by authorities.