Suhakam promises to help NCR land problems

SERIAN:  Incursions into native customary rights land including illegal feeling of rubber trees and fruit trees on the land form the most complaints the Human Rights Commission (Suhakam) received on human rights violations in Sarawak, said Sarawak Suhakam Commissioner Detta Samen.

“Today we are conducting public hearing on the complaints by the native landowners to stand up and tell us their side of the story. An equal opportunity will be given to the corporate bodies and the government to respond to the so-called allegations,” he said.

The public hearing was chaired by Suhakam chairman Hasmy Agam with Samen and James Nayagam as panel members.

The team will also visit other towns and cities including Sibu, Miri and Bintulu for such hearing.

Samen said that the public got to understand that the public hearing was the second stage and the first stage was the public consultation that was held towards the end of last year.

“After we have done the public consultation, we are now doing the public hearing whereby the complainants are given the opportunity or a forum for them to stand up and tell us their side of the story.

“An equal opportunity will be given to the corporate bodies and government to response to the allegations,” he said.

Samen said that since there were so many NCR land complaints, it is not possible for Suhakam to solve these problems on a case by case basis.

“It is better for us to look at the overall picture and find out where exactly is the problem. It could be the problem of the government. It could be the problem of the contractor or it could be the problem of the natives themselves.

“So let us look this problem. This is what we are attempting to do,” he said, pointing out that this is the first time that Suhakam is conducting a national inquiry on land rights.

He said:  “After we heard the evidence and finished the hearing we will compile the reports and then we may be able to come up with some kind of recommendations or suggestions.

“These suggestions and recommendations will be given to the relevant ministries, to the state legislative assembly and parliament,” he said.

Asked why the government kept on issuing provisional leases to corporate bodies despite so many complaints, Samen said:  “The government has the right to issue PL to the contractors because the state needs to harvest the resources, but in the process of issuing the PL, there must be provision that communal forests or NCR land must be taken out of the forests.

“If you want to intrude into NCR land, there must be element of compensation, and this can only be done if there is a proper negotiation, proper dialogue between native communities and contractors and also the government agency.

“They can even approach Suhakam which can be the negotiator or arbitrator for the parties concerned.

“I don’t say there will be no problems upon negotiations. What I am saying there will be less problems.

“Yes Suhakam can help in the negotiation process,” Samen told FMT.

In Monday’s hearing, the common grouses by the natives are that their NCR land have been given away without their knowledge, their rubber trees, cash crops and fruit trees were illegally felled without compensation being paid,  and the natives are accused of being ‘outsiders’ and thus they are not allowed to enter their own land.

Breaches of agreement were also a common complaint when the companies refused to honour the agreements they made with the landowners.

Meanwhile, Sarawak PKR chief Baru Bian has described land-grabbing of NCR land  as being ‘chronic’ spreading from Lawas in the north region to Lundu in the south.

More than 200 of NCR land cases have been filed by native landowners in the High Court and are awaiting hearing.

Will SNAP be deregistered for the second time?

KUCHING:  Will the first Dayak-based party, Sarawak National Party (SNAP) be finally deregistered this time by the Federal Court?

Some people say that it is good if it is deregistered in order to minimise Dayaks being split and scattered in Dayak-based parties. It would be good all the Dayaks go to one single party either in Barisan Nasional or in Pakatan.

There are those who want to maintain that SNAP is still relevant. What do you think?

SNAP Secretary General Frankie Nyumboi said that the party remains a properly registered political party unless and until the court decides otherwise.

Nyumboi was asked to comment on a news item saying that the dispute over the registration of SNAP is not over yet as the Registrar of Societies has been given the nod by the Federal Court to appeal against a court decision which had restored the party’s registration.

“My comment and reaction to the news is simply to say that it is a normal process of litigation and ROS has a right to file for a leave of appeal to the Federal Court to appeal against the decision of the Appeal Court.

“As it is, leave it to the Federal Court to decide and as far as the party is concerned it remains as a properly registered political party unless and until the court decides otherwise.

“We are operating as usual and our rebranding and rebuilding exercise proceeds on,” Nyumboi told The Broken Shield.

Meanwhile, the three-member Federal Court last Tuesday unanimously allowed ROS’ application for leave to appeal against the decision of the Court of Appeal in setting aside the ROS’ order in 2002 to deregister SNAP following the party’s failure to resolve its protracted leadership crisis.

The appeal concerned the interpretation of Section 13 and Section 16 of the Societies Act which were not decided by the Federal Court.

The Federal Court would have to determine four legal questions in the appeal proceeding including a question on whether under Section 16 of the Societies Act 1966 read together with Section 13 (2) of the same act, ROS was required to act mechanically or has the discretion to cancel a society’s registration if conditions under Section 16(1) were not complied with.

Another question of law was whether under Section 16 of the Societies Act 1966 read with Section 13 of the same act, ROS is required to give reasons for his decision in cancelling the registration of a society if conditions under Section 16(1) were not complied with.

SNAP was deregistered by ROS on November 2002 following a leadership crisis which also led to the formation of Sarawak Progressive Democratic Party.

SNAP then applied for stay of execution, and after eight years in the political doldrums, it was given a new lease of life by the Court of Appeal on June 23, 2010.

It held its first triennial general assembly (TGA) on January 15, 2012 during which Stanley Jugol was elected as the sixth president of the party.

Formed on April 10, 1962, SNAP which became the third party to be formed after Sarawak United People’s Party and Party Negara opened the way for the Dayaks to be fully involved in political activities in preparation for Sarawak’s independence.

Sarawak became independent when it joined Sabah (then North Borneo), Singapore and Malaya to form the federation of Malaysia on September 16, 1963. (Singapore withdrew from the federation on August 8, 1965).

SNAP formed an alliance government with Parti Pesaka Anak Sarawak, another Dayak-based party which was led by Temenggong Jugah Anak Barieng and Parti Panas led by Abang Openg bin Abg. Sapiee.

Stephen Kalong Ningkan, SNAP Secretary General was made the first Chief Minister of Sarawak, while Jugah became the Minister for Sarawak Affairs and Openg appointed the first governor.

With nine members of Parliament and 18 state assemblymen in the early days of Sarawak’s independence, SNAP today has been reduced to skeletal remains after it has been split twice in its 50 years of existence.

The deregistered Parti Bansa Dayak Sarawak, Parti Rakyat Sarawak and SPDP were the off-shoots of the party. 

Baram voters want Iban as candidate

KUCHING: Nowadays Marudi Town is abuzz with rumours that Sarawak Parti Keadilan Rakyat is likely to nominate an Iban for the Baram parliamentary seat to challenge the incumbent Jacob Dungau Sagan, who has been named by Sarawak Progressive Democratic Party as the candidate to defend the seat for the Barisan Nasional.

The potential candidate has been identified as Patrick Sibat, a soil scientist, who is currently a supreme council member of Parti Rakyat Sarawak.

He is expected to resign any time from the party, said his supporters.

PKR has also identified another potential candidate Roland Engan, a lawyer.

Sibat’s supporters have been going around ‘selling’ his name among the voters in Marudi who are no stranger to him as he is not only from Marudi, but had one time stood as a candidate representing Parti Bansa Dayak Sarawak in the 1983 state election.

He was narrowly beaten by then a Sarawak National Party candidate the late Edward Jeli.

Sibat’s supporters have met with longhouse chiefs and even with supporters of Sylvester Entri, discussing with them the possibility of Sibat contesting in the coming general election.

Entri is the incumbent Marudi assemblyman, who was expelled from SPDP in October last year.

Recently they met with PKR leaders explaining some of the reasons why the party must pick Sibat if PKR wants to win the seat in the coming general election.

One of the main reasons is that the Iban community which forms the biggest group with 10,294 voters have never been given a chance to contest the Baram seat. The majority of them are from the Marudi constituency.

The other ethnic groups which are from the Telang Usan constituency are Kayans numbering 6,365 voters, Kenyahs and Penans accounting for 4,500 and 600 voters respectively.

Two Kayans namely Luhat Wan and Harrison Ngau and a Kenyah in the person of Sagan have represented the constituency for a period of more than 40 years.

The other reason is that the Ibans in Marudi who are strong supporters of Entri are not only angry with  SPDP but also have vowed to vote any candidate put up by SPDP in the Baram constituency.

In October last year, more than 30 longhouse chiefs had banned SPDP President William Mawan Ikom from visiting their area as his visit would further create disunity among the people.

Mawan’s visit was only made possible with the intervention of Deputy Prime Minister Muhyiddin Yassin.

Mawan had been warned of the consequences of his visit, but he ignored it; one of which was heightening the tensions between SPDP and Entri and his supporters.

Another factor that is favouring Sibat is due to the strong opposition by the Kenyah, Kayan and Penan communities against the construction of the Baram dam now in progress.

From past records, the Kayan and Kenyah communities were split with 55% voted for the Opposition, and 45% for BN. While more than 2,700 Chinese voters voted for the Opposition, the Malays numbering more than 1,600 voted for the BN.

Kenyahs from Sagan’s own longhouse at Long Anap are against the dam as almost all the Kenyah heartland will be flooded by the dam.

Seen from these perspectives, the Iban votes are considered to be the determining factor. This is how Sibat and his supporters see it.

Even if Roland Engan is to be the PKR candidate, he still needs the Iban factor to win. But will the Ibans vote for him, when they are clamouring for an Iban to be the candidate?

“This is a point that PKR should consider,” said Sibat’s former polling agent.

But Baru Bian, Sarawak PKR chief said that the problem with Sibat is that he is still a member of PRS which is a member of the Barisan Nasional coalition.

“We are not sure how serious he is,” Bian was reported to have told Sibat’s supporters.

Sibat was not available to confirm the story as he was away in Miri allegedly meeting his supporters.  

The Baram Parliamentary constituency has always been a Barisan Nasional ‘fixed deposit’ since 1970, except for a period from 1990 to 1994 when an environmental activist Harrison Ngau defeated BN-Sarawak National Party Luhat Wan.

But for the coming general election, the political situation in the constituency is very volatile due to the strong opposition of the local people against the construction of the Baram dam that will submerge more than half of the Orang Ulu heartland.

More than 20,000 native people will be displaced and their roots, heritage and culture and their longhouses will disappear.

Recently 150 representatives of the Orang Ulu ethnic groups met in Miri calling on the government to immediately stop the construction of the Baram dam.

This and the  native customary rights land-grabbing cases  are going to be the main campaign  issues in the constituency against the Barisan Nasional.

Malay cannot be imposed as the sole official Language in Sarawak

20 Feb 2012

KUCHING:   Sarawak PKR Chief Baru Bian reminded Dewan Bahasa Dan Pustaka that it cannot impose Malay as the only official language to be used in Sarawak as it is in a special position in that English still remains one of the official languages in the state.

“We are not bound to adhere to the National Language Act 1963/1967 which requires that Bahasa Malaysia be used for official purposes,” he said.

Bian, who is Ba’Kelalan assemblyman, was responding to Dewan Bahasa Dan Pustaka’s proposed audit to assess the usage of Bahasa Malaysia as the official language in government departments, agencies and ministries.

“With regard to the first principle of the audit, i.e the extent of compliance with the National Language policy, I wish to point out that Sarawak is in a special position in that English remains one of the official languages here.

“Our oft-forgotten 18-point agreement with Malaya provides particular protection for the use of the English language for Sabah (North Borneo) and Sarawak that Malay should be the national language of the Federation, while English should continue to be used for a period of 10 years after Malaysia Day.

“And English should be an official language of Borneo (Sarawak & Sabah) for all purposes, State or Federal, without limitation of time,” he said.

Article 152 of the Federal Constitution, which was commemorated at the 152 Language Day at DPN Sarawak on 15 February 2012, states that Malay language is the national language but everybody is free to learn and use other languages except on official purposes such as any purpose as regards to the government, federal or state and any purpose of a public authority.

All court proceedings, parliamentary documents and meetings must be conducted in Malay language.

Bian said: “It may be well and good that the Dewan Bahasa dan Pusaka had decided to single out Article 152 for commemoration but it must be borne in mind that for Sabah and Sarawak, Article 152 cannot be read in isolation from Art 161 in Part XIIA ‘Additional Protection for States of Sabah and Sarawak’.

“Article 161 provides that ‘… no act of Parliament terminating or restricting the use of the English language… shall come into operation… until the Act or relevant provision of it has been approved by an enactment of the Legislature of that State.’

“This exemption preserves for Sabah and Sarawak the use of English in the Courts, the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government). [ Art 161 (2)(b) & (c)].

“In Sarawak, the National Language Act 1963/1967 has not been approved by an enactment by the Sarawak State Assembly and hence its provisions do not apply in here.

“Therefore it is not mandatory that Bahasa Malaysia should be the only language used in our government departments and ministries, even for purposes of the Federal Government,” Bian pointed out.

He went on to say that: “In fact, Art 161(5) of the Federal Constitution provides that notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof.

“Similarly, Art 26 (8) of the Sarawak Constitution provides that ‘For a period of 10 years and thereafter until the Legislature by law otherwise provides, all proceedings in the Dewan may be in the English language, and subject to the standing orders of the Dewan Undangan Negeri, members may use any native language in addressing the Dewan.

“Having set out the Constitutional and legislative provisions regarding the use of English and Bahasa Malaysia in Sarawak, let me state that I am not against the use of Bahasa Malaysia in Sarawak.

“What concerns me is that Sarawakians must know, understand and appreciate the uniqueness of our State and her people, and the efforts made by our forefathers to protect and safeguard this uniqueness.

“We have a particular richness in language and culture from our various ethnic groups, and we must value and maintain this heritage. Our past leaders made special provisions in the 18-point agreement to protect our rights in recognition of the fact that even in our diversity, we had an established sense of identity before joining the Federation of Malaysia.

“The safeguards were formulated to enable us to retain this sense of identity and to continue ‘to ensure that our beloved subjects shall ultimately enjoy their inherent right to control their own lives and destinies’ as proclaimed by Sir Charles Vyner Brooke in the first clause of Sarawak's first written constitution in 1941.

“These safeguards include the freedom to conduct our business in English, Bahasa Malaysia, Chinese and the native dialects. Sarawakians have always taken pride in our command of the English language, and we must continue to maintain this mastery for the sake of the future generations.

“The English language is a language which opens up the global world to us. It is the language of learning, and enables us to take our place in the world scene, whether it is in business, academia, the arts, diplomacy, research, science etc. It would be a great shame and a disservice for us and the future generations of Sarawakians to disown or neglect a language which has served us so well,” Bian said.

He noted the Federal Government’s desire to promote the use of Bahasa Malaysia.

 “However, all parties involved must be aware of the constitutional rights and the special position of Sabah and Sarawak.

“By defending our rights, I am by no means advocating a regression into the past – I am simply calling for recognition of the uniqueness of our ethnic and religious mix and encouraging the various ethnic groups to embrace their heritage and celebrate their differences.

“Once a culture is lost, there is no easy way of regaining it.” he said, pointing out that he does not agree with the first principle of the proposed audit, but wholeheartedly support the implementation of the second principle, i.e to improve language quality.

“Let us not promote one particular language to the exclusion of the others. Mastery of multiple languages is the key to education and to progress and development in this increasingly borderless world.

“We would be taking a myopic view to restrict the use of other languages in our workplace and in our lives. Sarawak does not prescribe to one particular language as her official language and we are proud of that fact,” Bian added. 

Why we cannot follow Singapore?

SINGAPORE:  Singapore’s main opposition party yesterday (15 Feb) sacked one of its lawmakers after he refused to respond to allegations of extramarital affairs.

“The Workers’ Party (WP) has expelled Yaw Shin Leong from the party with immediate effect,” it said in a statement on its website.

“WP believes strongly in transparency and accountability, and expects no less from our members, especially our Members of Parliament.”

Any sitting MP expelled by his party loses his seat in parliament and has to be replaced in a by-election.

Allegations that Yaw, who is 35 and in his second marriage, had affairs with a married female party worker and a married neighbour have been published in local media an online forums in recent weeks.

----------------------------------------------------------------------------------

 

COMMENT: Well, well this is a very interesting story. Firstly it shows how discipline is WP, and it should be a role model for our YBs and ministers in Sarawak.

We know a number of our YBs are indulged in extramarital affairs; some with married women and others with young and unmarried women.

Some do it openly without regard for their reputation and dignity. Yet no disciplinary action is taken against them by their respective parties. The worst part of it is that when they defend their seats, their majorities increase. What an irony!

The second point of the article above is that when WP expelled its MP for gross indiscipline, he loses his seat in parliament.

In Sarawak, we have SPDP expelling five of its elected representatives for gross insubordination.

Instead of losing their seats, they are being applauded to form BN Club in order to justify their place in the Barisan Nasional.  There were also previous cases too many to name here; when they (YBs) were forced to quit or resign, they became ‘political frogs’.

What has happened to our BN Dayak leaders?

According to The Borneo Post today (Feb 11),  Parti Bersatu Sabah (PBS) deputy president Maximus Ongkilili disagreed with the state attorney general Roderic Fernandez’s interpretation of native customary right (NCR) land provision in the Sabah Land Ordinance (SLO) that there is ‘no NCR land after 1930’.

Describing it as a wrong interpretation, he said that unlike in Sarawak there is no cut-off point in the context of Sabah.

“If you look at the state land ordinance very closely, it does not say that. I am a not lawyer by training, but I have some basic law training and I think it is a wrong interpretation because the judgment of the High Court of Borneo over the years have recognised the basis of NCR land established in Sabah.

“I think that is sad. That is a dangerous statement,” said Ongkilili, who is a federal minister of science, technology and innovation.

Now what is interesting here is that Ongkilili dares to say something against the attorney general of Sabah and the state government. He dares to say that AG was wrong in his interpretation of the land code in respect of NCR land in Sabah.

In Sarawak, none of the Dayak leaders in state Barisan Nasional dares to say anything against the AG of Sarawak and the Chief Minister for not only wrongly interpreting the Sarawak Land Code in respect of the NCR land, but also for refusing to accept the decision of the Court including the Apex court.

The AG, who is very much anti-Dayaks owing NCR land always argues in the Court that NCR land does not include "Pemakai menua" and "Pulau galau". He just refuses to accept the Apex court decision on this.

In the court one after another of the NCR land cases are won by the native landowners through lawyers like Baru Bian, See Chee How, Paul Raja, John Antau and Harrison Ngau to name of the few brave lawyers.

But where are our Dayak ministers and Dayak elected representatives? Don’t they have any conscience when they know that some of the NCR landowners are their grand-parents, parents, brothers and relatives whose lands have been taken away and given to oil palm and timber companies?

Not only they don’t hear their cries for help, but they are part and parcel of the state government’s tools and mercenaries (or Ghurkha soldiers as Edwin Dundang, former SNAP President described them). (Ghurkha soldiers are employed by some Sultans to protect them from their own people).

I recall in June 2000 sitting of the state legislative assembly during which the state government passed an amendment to the Sarawak Land code in respect of the NCR land.

All Dayak assemblymen supported the amendment which is very damaging to NCR land and which is the roots of today’s problem with NCR land.

One Dayak minister who was overzealous of supporting the amendment described it as ‘a gawai gift for the Dayaks’, while another minister said that the passing of the amendment was “a jewel in the crown of Barisan Nasional".

“In that sense, they are the ones who are mercenaries used by others to kill our own people,” said Baru Bian, Sarawak PKR chief.

Bekas Renjer Mohon Insentif RM3,000.00 dari Kerajaan Persekutuan

KENYATAAN MEDIA

Kapit : 09.2.2012. Dua orang veteran Renjer pengawal sempadan berbangsa Iban, Encik Ladong Anak Ranggau dan Encik Milang Anak Awan, 71 tahun, dari Antawau Baleh yang berkhidmat dengan Renjer Kerajaan era konfrantasi dengan pihak Indonesia. Mereka menyokong pihak Protem Renjer Veteran seperti yang dilaporkan oleh akhbar tempatan Sarawak untuk memohon bantuan insentif  RM3,000.00 turut diberikan kepada mereka. Mereka mengalu-alukan langkah kerajaan memberikan saguhati untuk pesara polis yang telah diumumkan oleh kerajaan baru-baru ini.

Menurut mereka, pengorbanan yang diberikan kepada Negara adalah mereka telah mempertahankan Negara Malaysia dari pencerobohan pihak luar. Mereka telah mempertaruhkan nyawa mereka semasa era konfrantasi tersebut yang dikenali juga sebagai “Ganyang Malaysia” oleh pihak Indonesia. Menurut Ladong, ada antara renjer yang telah terkorban semasa perang dengan pihak musuh.

Menurut Milang lagi, beliau telah memasuki renjer dalam bulan Ogos, 1963 sehingga Ogos 1970. Antara tempat – tempat yang beliau perkhidmat adalah di Long Jawe’, Belaga, Sarawak dan Long Jelangai juga di Belaga, Sarawak.

Seorang lagi veteran renjer, Encik Ladong Anak Ranggau,  67 tahun, yang menyertai renjer pada 10 Oktober 1963 sehingga 10 Oktober 1973, yang kini merupakan Timbalan Tuai Rumah di sebuah rumah panjang di Baleh turut menceritakan betapa beliau bersama renjer yang lain telah mempertaruhkan nyawa bukan hanya dari serangan musuh Negara tetapi juga serangan pihak komunis yang masih berleluasa di Sarawak ketika itu. Antara lain tempat-tempat yang dikawal oleh Encik Ladong adalah Lubok Antu, Kapit dan Katibas.

Kedua – dua Encik Milang dan Encik Ladong pihak kerajaan dapat mempertimbangkan pemberian insentif RM3,000.00 tersebut kepada mereka dan juga merayu agar pihak renjer-renjer era konfrantasi yang lain di seluruh Negeri Sarawak termasuk mereka yang telah terkorban  turut dipertimbangkan.

Untuk  sebarang pertanyaan berkaitan perkara ini boleh hubungi Encik Abun Sui Anyit di HP 0168881502. Lot 1046, 1^st Floor, Shang Garden Commercial Centre, Jalan Bulan Sabit, 98000 Miri, Sarawak.

Abun Sui Anyit

Setiausaha Cabang PKR Hulu Rajang

Pengarah Biro Integrasi PKR, Sarawak