
Tuesday, May 22
Majority of rural folks earn below RM850

Wednesday, November 23
Ali Biju expresses concerns on perimeter survey

KUCHING: The much touted perimeter survey is not only confusing the native landowners by the intention of this new initiative but it is also worrying them over the long term legal implications, said Ali Biju, Krian assemblyman.
“Section 6(1) of Land code mentions that any area of state land may be turned into Native Communal Reserve. However, all of the land surveyed now is NCR land.
“Does NCR still exist inside the Native Communal Reserve?
“What might happen to the NCR land outside the perimeter survey?
“Is it going to be the final survey? What is the status of 'pulau galau' and 'pemakai menoa' under this new initiative?” Biju asked during the debate on the state budget.
He quoted Section 6(3) of the Land code pertaining to Native Communal Reserves which clearly states that ‘any such land shall continue to be state land, and the native community for whose use it was reserved or any members thereof acquiring any rights therein shall hold the same as a licensee from the government, .... the issue of any document of title in respect thereof shall be in the absolute discretion of the Director’.
“In plain language, Native Communal Reserve is in actual fact state land,” said Biju.
He said that Section (4) states that if the Minister satisfied that any area under Native Communal Reserve is required for public purpose, that area to be resumed by the government and compensation to be paid as confirmed by honourable minister.
“However, does the government compensate affected natives for their trees, crops and dwellings? Is it possible to register agro-based business entity using Native Communal Reserve as an official address?” he asked.
Biju said that as a result of these confusions, native landowners still prefer their land to remain NCR land as it is now, pointing out that perimeter survey does not enhance the value of NCR land.
“What the native landowners really request for is that their NCR land be surveyed directly under Section 18 of the Sarawak Land Code, not Section 6.
“A good example is the big area of NCR land of the Iban community at Entebu/Selambong/Muton area which was excluded from Lots 489 and 480 Block 18 Awik-Krian Land District gazetted as Native Communal (Agriculture) Reserve (Swk. L.N.50 dated 29.3.2011.
“The government must clarify whether the NCR land outside the Communal Reserve is state land or NCR land,” Biju demanded.
The perimeter survey was initiated just before the State election to survey all NCR land belonging to the natives with an initial fund of RM20 million.
Later another RM60 million was added to the fund.
So far 27 areas in every division had been surveyed, and 30 more areas to be covered by the end of the year.
It is reported that there are 1.5 million hectares of NCR land throughout the state.
Saturday, September 10
Govt trying to hoodwink landowners
KUCHING: A Sarawak PKR leader today accused the BN government of trying to hoodwink and mislead the indigenous communities so as to maintain their electoral support by saying that the declaration of native communal reserves is a confirmation and a statutory recognition of native ownership over their NCR land.
“There is no truth and substance in the statement of the lands and surveys that a declaration of native communal reserves is a confirmation and statutory recognition of native ownership over their NCR land,” said Ali Biju, vice-chairman of Sarawak PKR.
Ali, who is also the state assemblyman for Krian, was commenting on a statement issued by the lands and surveys which dismissed Ali’s earlier claim that the perimeter survey and the declaration of NCR land under section 6 of Sarawak Land Code as native communal reserves will downgrade the NCR land status.
“Contrary to Ali’s claims, rights over the land gazetted as communal reserve land was administered and regulated by the native system of personal law of the native communities concerned,” said the statement.
“This means the acquisition, usage, transfer or transmission of rights and privileges over land, buildings or any structure thereon shall be governed by the customary law of the native communities for whose benefit the communal reserve is declared.
“Lands within a native communal reserve are not held by the natives on trust for the government as alleged by YB Ali Biju.
“The native communities having a native communal reserve have control over their land and will also be able to detect and prevent any unlawful intrusion or encroachment upon their land because the gazette will describe clearly land within the declared native communal reserve and refer to an official plan to define the precise boundaries thereof,” said the statement.
In countering the statement, Ali said: “The BN government is trying to hoodwink and mislead the indigenous communities so as to maintain their electoral support by saying that a declaration and a statutory recognition of native ownership over their NCR land.
“There is no truth and substance in the statement of the lands and surveys,” he said.
Section 6 (3) of the land code which concerns native communal reserves provides that ‘such land (native communal reserves) shall continue to be state land, and the native community for whose use it was reserved or any member thereof acquiring any rights therein shall hold the same as a licensee from the government....’
Ali said: “There is no difference from the presently native in occupation of NCR land without a document of title, that they are ‘deemed to be holding by licence from the government’ according to section 5(1)(i) of Sarawak Land Code.
“The land code is in need of a total revamp, in view of the authoritative judicial interpretation and elucidation of the meanings and scope of NCR, to be of relevance and proper and legal application,” he said.
“The perimeter survey works carried out by the government is a relegation and unlawful confine of the NCR, benefiting only those ‘BNputras’ who are prying on NCR land for their own financial gains, through their control of state government and state machineries,” Ali claimed.
The perimeter survey is a project of Prime Minister Najib Razak to win over the hearts and minds of the native communities.
It was launched just before the state election in April when he announced an allocation of RM20 million to carry out the project.
Another RM60 million was added to the amount during the campaigning period.
There are more than 1.6 million hectares of NCR lands which were hot issues during the state election especially when the Opposition accused the government of taking away the lands and leased them to oil palm conglomerates and timber companies.
Unhappy landowners have sued the government. Currently there are more than 200 cases pending hearing in the High Court.
Monday, August 29
NCR Land perimeter survey: Ali Biju questions Government’s real intention
KUCHING: The state government’s real intention of carrying out perimeter survey of native customary rights (NCR) land is being questioned by a PKR state assemblyman for Krian, Ali Biju.
“Perimeter Survey, on the surface, looks like the Government is pretending to solve NCR problems, but in actual fact it is the Government which is actually creating the problem in the first place.
“Is this what Barisan Nasional is all about, hoodwinking the poor natives and robbing them of their ancestral lands in the name of development?” asked Ali, who is Sarawak PKR vice-chairman.
The PKR leader was commenting on a news report regarding NCR lands at Entebu, Selambung and Bajau Saratok covering an area of 1,024.8 hectares that have been declared as Communal Reserve Land under Section 6 of the Land Code effective from April 7, 2011.
The Section 6 status was granted to the natives in these areas after Perimeter Survey was conducted earlier this year on these lands.
“The natives of Entebu, Selambung and Bajau Saratok must be enlightened on the practical aspect of Section 6. They must be educated on the real worth of the land as Communal Reserve Land as compare to a titled land under Section 18 of the Land Code,” said Ali.
He said: “The danger of Section 6 which many native NCR landowners are not aware of is that once notice is issued under Section 6, the title issued is under the name of the community, not individual landowners.
“And effectively the land is held in trust for the Government by the community.
“Once this happens, this gives the Government the right to extinguish the rights of the landowners at any time and then pay them peanuts as compensation.
“This effectively downgrades NCR status,” Ali warned.
Directing his questions on the Minister in charge of land, Ali said: “Now, how about the rest of the much bigger NCR lands adjacent Entebu, Selambung and Bajau Saratok which are outside the Communal Reserve Land that have just undergone perimeter survey?
“Can the native landowners now feel relieved thinking their NCR lands are outside this perimeter survey? Or are these State lands by virtue of the perimeter surveys?
“Can Provisional Licenses be issued by the Government at its whims and fancies?”
“The rural folk of Krian who have legitimate rights over their lands demand answers, and it is my duty as their representative to demand these answers from the ruling government,” insisted Ali.
Do other Dayak YBs in BN really know the real aim of the perimeter survey? Or are they pretending to be ‘deaf and dumb’?
Sunday, June 26
Debate Speech by Ali Biju
Debate Speech by Ali Biju, ADUN N34 (Krian), on Motion To Appreciate the Speech by the TYT Governor
Datuk Sri Speaker Sir,
I rise to join my honourable colleagues in this august House to participate in the debate in respect of the Motion to appreciate our TYT’s address.
Whilst TYT’s speech encompasses numerous issues, touching on the socio-economy of Sarawak, I shall raise some issues pertinent to my constituency N34 Krian in particular and Sarawak in general.
Datuk Sri Speaker, Sarawak’s rural population has been in acute poverty since independence. The World Bank confirmed late last year that Sarawak has achieved the dubious distinction of being one of the poorest states in Malaysia. The Director General of the Economic Unit Datuk Dr. Sulaiman Mahbob disclosed that the poorest people in Malaysia are indigenous communities living in Sarawak and Sabah and that a high level of income disparity contributes to a high level of poverty since a smaller share of income is obtained by those at the bottom of the income distribution. According to the IMF and the World Bank, the causes of inequality are: (i) improper government policies and (ii) exploitation by government agencies and businesses with power and influence.
Land Development Policies - Plantation
At Krian Ulu, many landowners have participated in SALCRA (Sarawak Land Consolidated and Rehabilitation Authority) schemes to develop their land for the last 15 years with high hopes of getting benefits in terms of dividends. SALCRA has land coverage of 48,721 ha of oil palm estate. Early this year SALCRA, through the Minister of Agriculture, announced the amount of dividends in the sum of RM74, 260,000.00 to be distributed to participants for 2011. Landowners were very happy and excited to hear this good news since it means on average, each participant could receive about RM1,500.00 per ha. However, the participants at Krian Ulu received almost nothing. So, I strongly demand that SALCRA, in particular, the Minister in charge, explain to the affected landowners the reasons they got almost nothing.
If during this period of high commodity price of palm oil, SALCRA is still not making profit, may I suggest that SALCRA revert and return the cultivated land back to landowners immediately and not wait for the agreed period of 25 years? I believe many of the participants are in better positions to manage their own land profitably.
Some SALCRA land areas are not even planted yet with oil palm. I have also received the Statement of Account for the Year Ended Dec. 31, 2009 of SALCRA which states that the net profits for “authority” and “group” are RM12, 775,332 and RM22, 475,081 respectively. So, when the Minister cum Chairman announced dividends of RM74 million, I wonder where the profit has come from. The Minister should furnish us with the Statement of Account Ended Dec. 31, 2010 to explain this disparity.
Another agency that is involved in land development is PELITA which is under the Chairmanship of the Chief Minister. PELITA has been cultivating land under “New Concept” in many areas of Sarawak such as Kanowit, Meruan, Dijih and Mukah. PELITA also has about 9,000 ha of provisional lease of NCR land in Kabo-Awik-Budu area. In reference to this type of development and poor testimonials of PELITA, the majority of landowners in my constituency particularly in Kabo-Awik-Budu areas do not want to participate in this so called New Concept JV land development.
Any proposed agreement to develop land through this New Concept between PELITA and community leaders like Tuai Rumah, Penghulu or Pemanca is legally null and void because community leaders are in neither legal nor traditional positions to represent anybody with regard to private land ownership. As such, there must be no coercion or intimidation or pressure at all on those who refuse to participate. The names of native landowners who refuse to participate in Kabo-Awik-Budu scheme will be submitted to PELITA soon.
Instead of participating in large scale “New Concept”, mono-crop land development, the landowners prefer to develop their own land through agencies of their choice like RISDA, smallholdings under RME-Rubber Mini Estate or Palm Oil Mini Estate concepts. Smaller scale land development is more environmentally friendly since not all areas are cultivated. It is also sustainable in the sense that it guarantees that our future generations will have land to live on.
The IFAD (International Fund for Agricultural Development) Rural Poverty Report 2011 highlights changes in agricultural markets that are providing new opportunities for smallholders to increase productivity. The report emphasizes “there remains an urgent need to invest more and better in agriculture and rural areas” based on a new approach to smallholder agriculture that is both market oriented and sustainable. The report makes it clear that it is time to look at poor smallholders in a completely new way as people whose innovation, dynamism and hard work will bring prosperity to their community. The report also states that low levels of investment in agriculture, weak infrastructure, low production and lack of financial services make it hard for smallholders to participate in the agricultural market.
It is to my dismay that the State Government closed an office of the Agricultural Department at Ng Budu.
I also believe that the Farmers Organization is sliding backward and not of any assistance to the farmers anymore.
It is of paramount importance that the authorities concerned should deploy more resources and relieve the situation through technical measures such as:
(a) Introducing the new concept of agro-enterprise;
(b) Promoting agricultural development on mini-estates or smallholdings for crops like rubber and oil palm with infrastructure assistance from the government; and
(c) Providing more allocation for agencies such as RISDA and MPOB.
Landowners want to control and manage their own land in their own style. If they cultivate a few hectares of rubber trees or oil palm with proper guidance or assistance from the government, which many of them are capable of, they should be able to get quite a decent income of RM2, 000/month. If they can make RM2, 000/month, a lot of rural people who are working at various parts of Malaysia such as Johor and KL will be willing to go back to their longhouses to cultivate their lands. In this way, we will be able to reverse the rural-urban migration which has created many socio-economic problems in the city and rural community as well. Currently, general labourers in oil palm plantations are paid a daily wage of RM17-RM20, amounting to around RM450/month, which is far below the poverty line RM750/month.
According to Robert Pringle’s authoritative book “Rajah and Rebels” written and published in the 1970s, more than 2 million rubber trees were officially planted in Krian area during a brief period of colonial time which covered areas totalling more than 5,000 hectares. Total cultivated areas including unrecorded areas were probably double that figure, being close to 10,000 hectares. A lot of rural communities participated actively and rubber was the major contributor of cash income. Some of them, by their own initiative, even managed to cultivate bigger areas to become mini-estates of sorts and employing many rubber tappers from outside. This was possible due to assistance and advice given to planters by the government of the day.
Sadly, more than 2 generations later, the livelihood of these members of the rural community still depends very much on these rubber trees that were planted by our late grandparents. So far, the government has cultivated approximately 3,500 hectares of rubber trees in the last 15 years in the Krian area. Considering the population growth during the last two generations, this quantity is not sufficient. If you visit longhouses in Krian constituency and ask them where their income comes from, do not be surprised if they say 70%-80% of longhouse dwellers depend on rubber from their grandparents’ trees to survive.
Provisional Licences for Plantation
The state government has issued provisional leases within Krian constituency which overlaps with NCR land:
(i) Lot 410 Blk 18 Krian Awik LD to Kenyalang Resources Sdn Bhd (now known as THP Saribas Sdn Bhd) in the area of Bajau-Selambong-Sedan-Jenggara
(ii) Lot 3 Blk 16 Krian Awik LD to Kenyalang Resourses Sdn Bhd (now known as THP Saribas Sdn Bhd) in the area of Sg Gruyu
(iii) Lot 155 & 156 Kalaka LD to Kenyalang Resources Sdn Bhd (now known as THP Saribas Sdn Bhd) in the area of Jln Pusa Sessang
(iv) Licence for planted forest to No. LPF/0034 to R.H. Forest Corporation Sdn Bhd.
The companies that have been given PL have encroached illegally into NCR lands of the native communities. This has resulted in disputes over rights to land and resources. Currently, there a a few cases where natives have initiated legal action against PL holders and Land Survey Department.
Logging
Tuan Speaker,
The government has issued many logging licences within NCR lands in my constituency. This has created a lot of animosity among rural community since most of them disagree with logging activity. Logging has destroyed our Pemakai Menoa and Pulau Galau which provide the natives with valuable construction materials to build longhouses, boats and other wooden amenities vital to our way of living.
It is very unfortunate that the state government has issued timber licences in my constituency without the prior informed consent of the native landowners. Listed are the known timber licences issued by the state government in Krian area without prior consent of native landowners.
(a) T/3436 – issued to Vita Hill Sdn Bhd which overlaps NCR land in the area of Dassey, Budu
(b) T/3463 – issued to Pelita Holding Sdn Bhd which overlaps NCR land in the area of Kabo-Awik
(c) T/8475 – issued to Syarikat Kayu Rimba which overlaps NCR land in the area of Mapar-Babang
(d) T/3431 – issued to Tunggal Enterprise which overlaps NCR land in the area of Mudong
(e) T/3497 – issued to Solid Sunshine which overlaps NCR land in the area of Awik-Seblak.
(f) Timber licence also issued to Sebetan area.
All of these licences were issued without prior consent of native landowners. As such, the State Government must withdraw the licenses.
For example, Rh Gayan of Dassey, Budu, in my constituency has been affected by Vita Hill Sdn Bhd’s logging activity. Various complaints had been made to the authorities. However, no action was taken. Left without an avenue for redress, the Rh Gayan community took the matter to High Court and legal process is still ongoing.
The State Government has issued timber Licence No. T/8440 to a RM2 company namely Budimar Sdn Bhd. Its subcontractor is Rimba Jaya Lumber Sdn Bhd at the vicinity of Bukit Pengajar. The company is in the process of constructing a logging road from the Ulu Krian road towards the concession area through lands of the Iban community particularly in the Sg Pilai area. If the company proceeds with this plan, besides doing damage to environment, biodiversity and ecosystem, logging trucks will totally destroy the roads of Ulu Krian and Rimbas roads, which are already in poor condition.
Infrastructure, Amenities and Utilities
Tuan Speaker,
Basic requirements such as road, water and electricity are basic human rights. Any government of the day must provide these necessities to all its people regardless of their political affiliations.
Road : The road system in the Krian constituency is in a very bad shape particularly roads to Ulu Krian, Kabo, Budu, Awik, Bajau, Engkudu, Ibus and Babang. Ulu Krian Road and Awik Road were Federal roads constructed more than 30 years ago but their condition is similar to that of logging roads. I urge the government to ensure tar-seal to be implemented immediately as promised by the PM during the last state election.
Electricity : The majority of my constituents do not have electricity. Only recently we noticed that power posts have been erected along roads in Krian, Budu, Kabo, and Awik. I urge the government to speed up the work to get power supply to every longhouse, school and clinic in my constituency.
Water : Clean water is also a major issue in my constituency as many longhouses are still getting drinking water from rivers or unreliable gravity water. The water is not hygienic and contains germs and bacteria that can cause diseases. I urge the government to carry out the construction of a new dam at Kaki Wong to start immediately as promised by the PM during the last state election. On top of that, the current water supply from Lichok Water Treatment Plant is not capable of providing the water needs for all people in Saratok areas. During the dry season Lichok WTP runs out of water. What is the state government doing about this?
In conclusion, Datuk Sri Speaker, I urge this august House to seriously look into the matters I have raised. These issues are not mere political rhetoric. These are bread and butter issues affecting the peoples of Sarawak and it is the ultimate responsibility of this House to take these matters seriously and it is incumbent upon the respective Ministers in charge to act accordingly to alleviate the suffering of the rakyat. Demi Rakyat.
Thank you Datuk Sri Speaker Sir for giving me this opportunity to air my views.
Friday, April 15
Latest news from Saratok
Cerita keterubah ianya, lebuh maia udah ngantung nama, dia deh siko ari YB ari Selangor ianya Dr. Xavier Jayakumar lalu ngambat kami ti udah nganjung En. Ali Biju ti udah ngantung nama ba Dewan Perpustakaan di Saratok.
Lebuhmaia YB Dr. tu datai ba mua pagar, enda mukai – mukai Calon BN Peter Nyaruk mansa ia lalu nyebut jako ti pemadu ia ka jai ngagai Dr. Xavier, ianya '...... I will cop off your head......'.
Reti nya ia deka mumpung pala Dr. Xavier enggau bala ia ti datai ari Semenanjung. Ia Nyaruk) madah ka sida ari Semenanjung sengaja datai ke Sarawak laban ti deka ngacau sereta ngasut rakyat di N 34 Krian.
Ti nitih ka adapt demokrasi di serata dunya, kitai enda tau meri jako ti kelalu jai bakanya. Kami kempen ari PKR, nadai sekali-kali kami bejai ka Calon BN, kami nadai kala meri 'personal attack’ ngagai ia, tang Nyaruk selalu mengancam kami ditu kelebih lebih agi orang ti kereja perintah enggau orang ti udah pencen.
Ia selalu nganu tuai raban bansa (Tuai Rumah), enti sida enda ngundi BN, sida ia deka dibuai nyadi tuai!
Nyentuk ka diatu, maioh amat bala tuai-tuai rumah di kawasan N. 34 Krian takut ketegal jako ianya, lalu enggai meda kami ti kempen ari PKR enggai parti pembangkang ti bukai.
Siti cunto ulah sida BN ti enda manah ianya, lebuh maia sida BN kempen di Rh. Buchai Kedoh, Roban, dia deh siko ari Ketua Wanita SPDP ti benama, Dios anak Kusam, lalu ngeruntun sereta encharik ka poster calon PKR lalu diindik ia. Bala penyokong PKR maioh amat enda puas ati ketegal pengawa sida ia. Aku agi besabar, ti nitih ka gaya, aku tau ngaga polis report, tang aku enda ngaga report laban ti agi ngenang diri sama diri ti deka begulai sejalai, lebih-lebih agi orang ti nyukung BN sama-sama orang kami ditu. Kami bebasa ke sida, tang sida enda bebasa ka kami!
Cunto kedua, ia nya enti kitai mansang ngagai pasar Saratok diatu, kitai ulih meda 3 iti tempat ti dipasang ”Giant Poster” (Bill Board), ti diempu ulih Calon PKR En. Ali Biju. Tang maioh orang enda lantang ati meda utai ti ngemesainya, lalu malam 10.4.2011, kami bisi nerima siti report madahka, bisi orang deka niki tiang ti kena ngantung poster nya lalu deka encharikka sereta deka menconteng poster nya. Kebuah ia dipelabaka aku, laban 11.4.2011 Najib bisi nemuai ngagai Saratok .
Penyokong BN enggai ngasoh Najib meda poster nya enggai ka ia malu. Belabuh ari sari nya Calon PKR terpaksa ngaji orang nyaga poster nya tiap-tiap malam.
Dini endur adat enggau basa penyokong BN Krian ?????
Nyentuk ka saritu, kami nadai kala mantah ulah bala penyokong BN, laban kami agi bebasa ka pangan diri. Tang kami arap ka sida (BN) ulih ngubah runding sida ti enda manah ngagai kami.
Nya aja, arap ka nuan ulih mansut ka ceritatu.
Enti agi bisi cerita ila, kumeri ngagai nuan baru.
Thanks.
Bungan Ekie
Setiausaha PKR Cabang Saratok