A proposed clause to hold plantation owners responsible for wildlife-related incidents has yet to be implemented, seven years after it was mooted.  

Tourism, Culture, and Environment Minister Datuk Seri Christina Liew admitted the strict liability clause has not progressed since its announcement in 2018.

The clause, intended to amend the Sabah Wildlife Conservation Enactment, aimed to tackle human-wildlife conflicts by holding plantation owners accountable for incidents like elephant deaths near their land. 

In 2018, Liew announced that the state government will enforce a strict liability policy holding landowners accountable for any deaths.

The policy also extends to all forest reserves and concessions owned by the Sabah government, including Sabah Foundation timber concessions and smallholder lands.

The idea was seen as a critical step to protect Sabah’s wildlife, particularly as habitat loss increased with plantation expansion.

Liew, who served as the same minister from 2018 to 2020 and resumed the role in 2023, acknowledged that no significant progress has been made on the clause.

“At that time, we had a policy where those who could provide information were required to identify the responsible party,” she said on Thursday. 

“I need to follow up with my ministry officials about this. Since then, there have been two changes in [Wildlife] directors.”

Calls to revisit the clause came following the recent discovery of a decapitated elephant near a plantation in Sabah. 

Liew, who visibly upset by the incident, called it “inhumane” and pledged to take action against the perpetrator.

“It happened few days ago in the wild jungle, by the side of the road. Who beheaded the elephant? That’s the key question,” she said.

“Was it a worker? A passerby? The plantation owner? We need answers. But trust me, we will not hesitate to act because such activities are unacceptable. It’s very inhumane,” she added.

The minister has instructed the Sabah Wildlife Department to carry out a thorough investigation, emphasizing her commitment to prosecuting those involved.

“Once we identify the perpetrator—I call them a murderer because I’m very upset about this—we will intervene. If it happens again, we’ll take them to court for this act of murder,” she said.

The elephant was reportedly found close to a plantation, but the circumstances of its death remain unclear, complicating the investigation.

Despite measures like elephant food corridors designed to reduce human-wildlife conflict, the limited liability clause was seen as a more robust tool to ensure accountability. 

However, its delay raises concerns about the state’s commitment to protecting its wildlife.

Between 2018 and 2021, more than 80 elephant deaths were recorded in Sabah. Yet, the last known successful prosecution occurred in 2021, when two men were jailed for killing an elephant in Tawau. Most cases however remain unresolved.  – January 23, 2025