A prominent native customary rights land lawyer has called on the government to survey native customary rights land according to the interpretation and decision of the Federal Court.
“The Federal Court’s interpretation and decision based on Madeli bin Salleh case against the state government in 2007 which was based on the Nor anak Nyawai case in 2001 is that native customary rights land includes ‘pemakai menua’ (territorial domain), ‘temuda’ (farms) and ‘pulau galau’ (communal forests),” said Baru Bian, who has been defending NCR land on behalf of the natives.
“And for the Malays, the Kuching High Court in the case of Haji Rambli bin Kawi against the superintendent of lands and surveys has decided that swampy areas close proximity to their kampongs to be their native customary rights land,” he said.
“This is the land that they must survey and give titles,” Baru, who is the chairman of Sarawak Parti Keadilan Rakyat said, pointing out that the state government has a different definition of customary right lands as has been implied all these years.
“What I want to hear loud and clear now from the chief minister is to make an undertaking to the people of Sarawak to survey all NCR land. This is what we want to hear from the State government.
“There should be no political rhetoric. The Dayaks have been revolting,” he added and called on the government to allocate more money as the amount of RM20 million is insufficient to carry out survey works.
Baru was commenting on a statement made by Prime Minister Najib Tun Razak in Miri yesterday that NCR land in Sarawak would be surveyed.
Najib had said that the federal government has allocated RM20 million for Sarawak to survey the perimeters of native customary land and will set up a delivery management office (DMO) to supervision all programmes utilizing land.
These new initiatives, he said, supported by the state government, would help resolve native land issues.
Meanwhile, the Sarawak Dayak Iban Association (SADIA) which has been in the fore front in defending native customary rights land from being encroached by big oil palm companies questioned whether Najib’s motive since land is under the State administration.
“If Najib is genuine in helping the NCR land owners, we should welcome his move. But if it is a mere political statement, then we question his motive, because we are too obsessed with political statements regarding the survey of NCR land.
“We have been promised that our land will be surveyed since the time of Naib’s father Tun Abdul Razak as Prime Minister,” said Mujah, Sadia secretary general.
Mujah added: “But why is the government so concerned now? Is it because of the court interpretation of NCR land? Or will it just, as the government’s usual practice, only to survey the ‘payung rumah’ (surrounding of longhouse)?
“If the government is really genuine, then it should accept the people’s community survey which the court has accepted,” he said.
Mujah called on Najib to revisit the formation of Malaysia and the 20-point agreement and to sign the UN declaration on the rights of indigenous peoples (UNDRIP), he said.- The Broken Shield
Source: www.thebrokenshield.blogspot.com
“The Federal Court’s interpretation and decision based on Madeli bin Salleh case against the state government in 2007 which was based on the Nor anak Nyawai case in 2001 is that native customary rights land includes ‘pemakai menua’ (territorial domain), ‘temuda’ (farms) and ‘pulau galau’ (communal forests),” said Baru Bian, who has been defending NCR land on behalf of the natives.
“And for the Malays, the Kuching High Court in the case of Haji Rambli bin Kawi against the superintendent of lands and surveys has decided that swampy areas close proximity to their kampongs to be their native customary rights land,” he said.
“This is the land that they must survey and give titles,” Baru, who is the chairman of Sarawak Parti Keadilan Rakyat said, pointing out that the state government has a different definition of customary right lands as has been implied all these years.
“What I want to hear loud and clear now from the chief minister is to make an undertaking to the people of Sarawak to survey all NCR land. This is what we want to hear from the State government.
“There should be no political rhetoric. The Dayaks have been revolting,” he added and called on the government to allocate more money as the amount of RM20 million is insufficient to carry out survey works.
Baru was commenting on a statement made by Prime Minister Najib Tun Razak in Miri yesterday that NCR land in Sarawak would be surveyed.
Najib had said that the federal government has allocated RM20 million for Sarawak to survey the perimeters of native customary land and will set up a delivery management office (DMO) to supervision all programmes utilizing land.
These new initiatives, he said, supported by the state government, would help resolve native land issues.
Meanwhile, the Sarawak Dayak Iban Association (SADIA) which has been in the fore front in defending native customary rights land from being encroached by big oil palm companies questioned whether Najib’s motive since land is under the State administration.
“If Najib is genuine in helping the NCR land owners, we should welcome his move. But if it is a mere political statement, then we question his motive, because we are too obsessed with political statements regarding the survey of NCR land.
“We have been promised that our land will be surveyed since the time of Naib’s father Tun Abdul Razak as Prime Minister,” said Mujah, Sadia secretary general.
Mujah added: “But why is the government so concerned now? Is it because of the court interpretation of NCR land? Or will it just, as the government’s usual practice, only to survey the ‘payung rumah’ (surrounding of longhouse)?
“If the government is really genuine, then it should accept the people’s community survey which the court has accepted,” he said.
Mujah called on Najib to revisit the formation of Malaysia and the 20-point agreement and to sign the UN declaration on the rights of indigenous peoples (UNDRIP), he said.- The Broken Shield
Source: www.thebrokenshield.blogspot.com
14 comments:
yes, the state government should give their views regarding NCR Land and not mix it with state land.Please start the survey work soonest otherwise these is only a political gimmick since election is around the corner.
Jabu said the government would give priority to survey the `matured` NCR lands, which have been developed and given income to the landowners.
In this context, how about the `dispute or controversy` NCR lands which have been developed by plantation companies? I am sure he will urge L & S Dept to start in Betong first.
trust me,the survey will only be done on NCR land that are to be taken by the state government under the pretext of joint venture ,etc.Since when has Taib been genuine in his action when it comes to Dayak interest and since when has Jabu been really care of the Dayak cause?Yes,some will be surveyed but the government will impose all sort of conditions;it will forever a one sided terms.Further,if only block survey is done,the heirs to the land involved will quarrell in the future as they do not have the individual title of their own.i,for one,had never and will never trust a PIRATE to do noble things,a penyamun will take all.
Don't jump for joy yet. Even if they did a survey, future generation will be deprived of further land claims especially if there is no title to them. It could mean also that any other piece of unclaimed land will ended up in cronies hand.
Taib would rather let those surveyor in the Land and survey sleep. To survey the NCR land will create more problems for the investors and for the state gov't. If any development encroach into the surveyed NCR land, there will be serious trouble. For now the natives can do nothing if there is any intruder.
So if the natives want their NCR land survey, then the only way is to vote in PR. Anwar have promise many times that if voted in, he will do all he can to have the NCR land survey.
So why not take it as face value. Give Anwar the chance to do it or otherwise throw him out in the next election.Fair!
[..."Priority will be on areas which are matured for development. This is because we want to see that the surveying of NCR land is related to income and economic generation which will be good for the state and the land owners themselves. ..."] - The Borneo Post.
This sounds just like a general information and is not even a declaration of sorts of public notice. The PR people might like to somehow legitimize this in a DUN bizness resolution.
The tone and meaning of "good for the state and the land owners" belies the principal or principled objectives. His emphasis is on "State income" which translate to cronies interests and his personal own.
PBB/BN leaders are trapped in feudal notions of what the State or the rakyat really is. It's common grudges that State as commonly understood by kampung people are ruling politicians, cronies. And so too are rural rakyat. To undo this PR people have an enormous task that even having won seats, further community and citizen education are badly needed.
As of now with community self-rule of Heads/Chiefs under the Government's thumb, the challenge is enormous but not unattainable.
This survey will only solve part of the problem and maybe create other problems. The real problem is the Sarawak Land Code, which only recognizes NCR land prior to 1958. In other words, land settled and cultivated by natives after 1958 is NOT recognized as NCR land. Natives settling and cultivating those lands AFTER 1958 are regarded as squatters and trespassers on State land. Is Taib willing to recognize NCR land after 1958 and will the boundary survey take this into account? Will the Sarawak Land Code be amended to conform to recent court decisions or will the BN government continue to ignore the plight of the people? THAT is the issue!
For Taib's perspective on NCR issues, for a start see this article at The Broken Shield: http://thebrokenshield.blogspot.com/2008/11/taib-blames-dayak-shifting-cultivators.html.
My reply is here: http://sarawakheadhunter.blogspot.com/2008/11/you-see-they-taib-gang-have-7-million.html.
If anyone wants to know what it is all about, read this: http://sarawakheadhunter.blogspot.com/2009/03/what-is-true-value-of-all-ncr-land-in.html.
Who do you think will benefit the most from any declassification of NCR land, the Dayak "trespassers" and "squatters"?
Jabu is already salivating: "We wish to thank the federal government for allocating RM20 million to Sarawak and the main focus will be to develop NCR land that are ready for development."
The question again is, WHO WILL BENEFIT?
Lastly, read this: http://sarawakheadhunter.blogspot.com/2008/10/brief-history-of-ncr-land-use-in.html.
For one solution proposed by a friend, see: http://sarawakheadhunter.blogspot.com/2009/01/sarawak-ncr-foundation.html
When your right hand does one thing which is inconsistent with the action of the left hand, how do you interpret that? Must the Sarawak state government withdraw its appeals first against the high court ruling which grant ownership of NCR land to those who had sued the BN government before they talk about surveying NCR land? It is better to change the BN government and correct all the wrongs than to be cheated once again just because state election is due soon.
Harap diaorang bikin serupa cakap la...
I think the survey work will start in Betong first as we all know that most of the land in this division were not surveyed and no title of course, for Spaoh Sub-District only those at Batang Paku have been issued with the title but none from Sg. Anyut consists of 6 longhouses only and part of Btg. Layar or perhaps Btg. Padeh.
http://www.malaysianmirror.com/columnists/mariam-mokhtar/47062-when-the-hunter-becomes-the-hunted
We are busy arguing about NCR problem, yes i do think it is important but did we realise that now there are more indonesian buying our NCR lands or developing forest reserved in sarawak?? Currently thre are 3 "perkampungan" Indonesian clearly in sarawak. How the hell that this people can own our land here??? should our NCR be surveys, i would suggest that we should have a body responsible in developing this NCR and our leaders should work aggresively in helping our community.
If ever there is any` pinch of sincerity on the part of PBB, the NGOs on Penans can assist PBB Youth fact finding team and should also invite Al Jazeera to interview the Penan community. It was a gross insults for PBB and BN lawmakers to label the Penans as good story tellers and that they were a promiscuous tribe. Only yesterday, we read a newspaper report that in Petaling Jaya, a school bus driver raped a primary school girl in broad daylight inside the bus parked by the side of the road in full view of other shocked pupils. So can we imagine how easy it would have been for some sickos to commit rapes and other crimes in the deep interior of Sarawak on those helpless and unprotected Penans and their young daughters?
An average of 20 people were reported raped or molested every month in the first four months in Sarawak.Yet the CM, his deputies and cabinet ministers were all in denial on crimes committed against Penan girls. All right thinking Dayaks must be united in their Christian faith to vote out the highy corrupted and abusive UMNO controlled BN government in the coming state election and in GE13.
wake dayaks! najib statement is just another sweet talk to gain vote for beend. najib has no business over land in sarawak as its a state matter.
and dont ever believe what the sarawak minister say, they just want to polish najib only ma...
dont ever believe whaever the beend said until they do it. once all ncr land received the long overdue title then you believe them otherwise vote for change...
hello batang ai folk, so what improvement in term of economic and lifestyle have you guys received after the last election???
please tell me man..
even if you put a cow again beend candidate, i will still vote for the cow atleast the cow dont eat money and my land...
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