Kuala Kuang, situated a kilometer before Chemor town in Perak, was one of many 'new villages' that emerged in the 1940s in Malaysia under colonial rule. The formation of the new villages was part of a huge campaign by the British to wipe out the communist influence among the Chinese masses who gave the communists critical support.

To isolate the rural Chinese from the communists, the British government evicted them from their homes and resettled them into housing areas that they kept under their control.

The status of the new villages changed somewhat after independence. The villages went from being communities living behind barbed wire to recognised townships with improved facilities, including schools, marketplaces, temples, and community halls. The government also granted the villagers land titles. Kuala Kuang became a beautiful place, with a huge plot of land surrounding the town planted with vegetables.

In 1979, the Chip Lam Seng rubber factory started to operate near Kuala Kuang. Initially it was a small factory used only to process dry rubber. But by the 1990s, the factory had expanded, and soon doubled its building size. It grew so big it started to encroach on the villagers' living areas; in fact, it stood barely eight feet away from one of their homes.

The expansion of the factory and its proximity to the villagers' homes created serious health hazards. People became afflicted with skin rashes, breathing problems, and irritations in their eyes and noses. Children were among those most affected by the pollution. An internal survey also revealed that most people had lost their appetite and had sleeping difficulties.

The standard of living in the village deteriorated, as the air became noticeably polluted. Clothes hung outside to dry would become dirty and have an acidic smell. The factory soon became the community's biggest problem and the obstacle that was preventing them from enjoying good quality of life.

Complaints fall on deaf ears

In 1995, the people did what most people would do under such circumstances, namely, complain. They complained to numerous ruling political party leaders, the government department as well as the ministry in charge of environment. Nothing happened. They quickly realized that the small factory that used to process dry rubber had become a big factory with political support and connections to the powers-that-be.

The complaints mounted and the people began to feel helpless. But then in 1999, with the support of Alaigal (a grassroots group based in Ipoh), a new committee was set up to address the issue. Chai Sin Cheong became its chairperson. Meetings were held regularly and the people became more organised and galvanised. From the earlier grumblings and murmurings, things became more focused and the resistance became stronger.

The people started to make formal complaints to the police as well as the chief minister of Perak, Ramli Ngah Talib. The height of the resistance was a huge gathering of more than 1,000 people in the heart of Ipoh. The police tried numerous ways to stop the people of Kuala Kuang from reaching Ipoh.

Roadblocks were erected and Federal Reserve Unit (FRU) personnel were summoned. But a huge assembly of more than 1,000 residents was a strong political message that could not be ignored by any state government. On that day, Kuala Kuang residents reached Ipoh and their message was made clearly to the government.

The transformation of these villagers from an oppressed community to an organised movement was an important development. Kuala Kuang residents, who over a long period had been conditioned to stay within the confines of the new village finally found a new strength. It was during this time that a protest tent was put up and huge banners told the tales of resistance.

A new chief minister, Tajol Rosli, came to power in Perak after the 1999 election. Under pressure, Tajol called a meeting on March 8, 2000, and within a week, on March 15, he issued a directive that the Chip Lam Seng factory had to relocate within two years. He even allocated land for them.

The chief minister's directive gave the protestors some hope, but in reality not much changed. The factory continued operating normally and polluting the air.

Police acted repressively

Not content with being ignored, on the first anniversary of the chief minister's directive, the villagers gathered and planned to march around the village carrying a huge billboard with four demands:

1. Close down the factory by the 31 March 2002 deadline;

2. Set up a Department of Environment site office to monitor the factory;

3. Re-gazette the land usage title to either housing or farming; and

4. If the factory fails to cease operations, the state government should intervene and stop them.

The demands and the pressure tactics did not go down well with the state government. The peaceful march was stopped by the authorities and four committee members were arrested. Their cases are still pending in court.

The police were repressive and tried to scare the villagers. A shop owner who had been providing electricity to the protest tent was warned and intimidated. The police also filed a complaint with the Registrar of Companies against Alaigal for instigating the Kuala Kuang villagers.

The villagers highlighted their struggle during the election campaign and successfully gave their support to the opposition. The chief minister argued that the factory was under tremendous pressure and that the villagers' tactics were not fair to the factory.

The villagers then embarked on a legal battle and the huge gatherings moved to Ipoh. Every hearing would see a huge gathering at the courts, and the pressure mounted. Like the stink from the factory, the issue was too strong for the courts to ignore.

Finally, on April 23, 2004, after six years of intense struggle, victory came quietly to the village. It was a historic day in the lives of the people of Kuala Kuang. The legal representatives for the Chip Lam Seng factory, Rusnah & Loh, signed an agreement with the lawyers of the people - Meena Raman from the Consumer Association of Penang (CAP).

Chai Sin Cheong, the chairperson of the Anti-Stench Committee (Jawatankuasa Bau Busuk), watched proudly along with Segar and Saras from Alaigal as the lawyers signed the settlement that would finally put an end to the stench that had pervaded their village for six years.

Terms of settlement

Among the terms of the settlement were:

The rubber factory would cease to operate and be relocated to Khantan Industrial area before 30 March 2005;

Within 21 days of the agreement, the factory would stop using sulfuric acid and instead would use formic acid to put an end to the stinking pollution;

Within 21 days of the agreement, the factory would treat the water pond containing liquid rubber to eliminate the stink;

Monitoring would be done by the environmental department and the reports sent to the lawyers representing the villagers;

Ninety days before ceasing operation, all the ponds would have to be covered over and landscaped; and

The rubber factory would pay the plaintiff's lawyer RM25,000 within seven days of the agreement.

The victory was the product of a persistent struggle involving street demonstrations, dozens of memoranda, and complaints and police reports, as well as countless meetings and planning.

On March 31, 2005, the factory finally left and the people of Kuala Kuang are now free to breathe less polluted air as they desire.

S ARUTCHELVAN is Suaram coordinator. The people of Kuala Kuang were one of the winners of the Suaram 2004 Human Rights Award. The above article is an excerpt from the Suaram Human Rights Report 2004, to be launched on Saturday, June 25 at 10am, Selangor Chinese Assembly Hall.