Should the contractors to be blamed?

Second Minister of Planning and Resources Management Awang Tengah Ali Hassan was quoted by The Borneo Post today (Tuesday, 2 March) as saying that contractors appointed by the provisional lease (PL) holders to be blamed for encroaching into some native customary right (NCR) lands.

He said that even though it was obvious that they could not enter NCL, they just bulldozed their way into the area.

He explained that land claimed as customary land would be omitted when the authorities issued PLs.

“This condition must be adhered to, and normally it is the contractors appointed by the PL holders who bulldoze, and this creates problems.

“They just bulldoze even land which come native customary rights,” he told reporters after officiating at a seminar on land and economy for Parti Pesaka Bumiputra Bersatu (PBB) delegates at the Borneo Convention Centre Kuching here on 1 March.

Tengah was asked to comment on what a delegate termed as “PL disease” during the question and answer session in the seminar.

“I urge Penghulus to ensure that the appointed contractors would ensure that land which are being claimed as NCR land would be omitted unless they (land owners) ask for the contractors for assistance,” he said.

He said that PL holders had been reminded to ensure that their appointed contractors carried out their tasks in an ethical manner.

Deputy Chief Minister Alfred Jabu was among those present.

Awang Tengah now seems to be very sympathetic towards the NCR land owners. Could be that the State election is coming and NCR land problems will be major issues in the campaigns.

But I still remember when he answered a question in Council Negeri a couple of years ago that “All untitled lands including NCR lands belong to the Government.”

He has been warning Penghulus and Tuai Rumah not to endorse any NCR land claim by the land owners otherwise they will face troubles.

Now if it is true that contractors are to be blamed for bulldozing NCR land, destroying fruit trees, cash crops, longhouses and farm houses, why are staffs of Land and Survey Department supported by the Police helping the contractors to destroy the fruit trees, cash crops and longhouses?

Why are NCR land owners being detained for defending their NCR lands? Why are the State Government and the Land and Survey Department being sued by the NCR land owners? And so far why are the NCR land owners winning their court cases against the State Government and the Land and Survey? And why is the State Government using the tax payers’ money to pay millions of ringgit worth of compensations to the land owners and to the lawyers? Why? and Why? And there are so many “whys”?

Awang Tengah is not telling the truth. In countries in Europe, South Korea and Japan, Awang should be asked to resign. Should the contractors alone be blamed? – The Broken Shield

Source: www.thebrokenshield.blogspot.com

NCR Land owners’ biggest dilemma?

PANTU - Tuai Rumah (longhouse headman) Masa and 700 NCR land owners of Kampung Tekuyong, Empaling, Gayau, Isu, Abok and Kerangas have called on Land Development Minister James Masing and chairman of NCR land task force Alfred Jabu Anak Numpang to stop Tetangga Akrab Pelita Pantu selling their NCR land within the company’s plantation.

Tuai Rumah Masa has also lodged a Police report against the sale of their native customary rights land within the plantation belonging to Tetangga Akrab Pelita Pantu at the Pantu Police station on 2 December.

It was reported in the New Straits Times that a plantation group Kim Loong Resources Berhad plans to buy a 60 percent stake in Sarawak’s Tetangga Akrab Pelita (Pantu) to increase its land bank for oil palm plantation.

Some 2.02 million shares of RM1 each in Tetangga Akrab Pelita are being sought, while the remaining of 40 percent owned by Pelita (10 percent) and the rest by NCR land owners through a joint venture scheme.

The agreement is expected to be signed next month.

“Our NCR land is not for sale as it is on which we the natives will survive and work on for our livelihood,” said Tuai Rumah Masa angrily.

“Please help us to stop the sale,” he said, asking Masing, Jabu, William Mawan (Minister of Urbanisation and Social Development) and other Dayak elected representatives to help stop the sale.

“Without your help, we will lose our land to another peninsular company,” he stressed.

It is learnt that as of 31 October 2009, Kim Loong has made advanced payments totaling RM11.43 million for the acquisition of the Tetangga Akrab Pelita plantation.

It is also reported that for the past three years the company had been losing some RM3.151 million due to immature plantations.

The company which has planted about 6,283 ha of land, the bulk of which is native customary rights land, has been given licence to plant oil palm in some 10,471 ha of land held under NCR land in Sungai Tenggang and Bukit Begunan.

Jetty’s comment: Tetangga Akrab cannot sell NCR land. Firstly, the lands are still under dispute and they have filed a legal action against Tetangga Akrab in 2006 for planting oil palm in their land without their permission. The case is pending.

Secondly, any NCR land cannot be sold to non-natives. There is a law in the Land Code preventing the sale to non-natives. (I am not sure of the Section, but I know there is a law. Any non-native who buys NCR land will stand to lose as the purchase will not be approved or recognised by the Lands and Surveys Department. Usually non-natives used the names of natives to purchase NCR land.)

But Taib’s government is smart. First he declares that NCR land is a State land. After that the land is leased to their cronies to develop. These cronies, in the case of Tetangga Akrab will sell it to another company in order make fast money.

Anyway, once the NCR land has been declared State land, it is incumbent on a landowner to prove that the said land is NCR land. His Aki (grandfather), the creator of the rights, has long gone. He cannot defend on any Tuai Rumah and other community leaders to help him provide proof of ownership as they have been warned by Awang Tengah (aka as Awang Tanah), the most powerful second minister of planning and resource management not to endorse any claim of NCR land. Otherwise, they will lose their allowance of RM450.00 a month.

Isn’t this the biggest dilemma faced by NCR land owners nowadays? - The Broken Shield

Source: www.thebrokenshield.blogspot.com

See related links on this issues >

http://dayaknation.com/blog/?p=3043

http://dayaknation.com/blog/?p=3024

Awang Tengah criticised

KUCHING – Sarawak Opposition leaders and activists today criticised Awang Tengah Ali Hassan, Second Minister of Planning and Resource Management for asking the Auditor General to amend its Annual Report for 2008 as the report cited Sarawak along with Kelantan, Pahang and Johor to have poor forest management that led to river pollution, erosion, landslides and destruction of flora and fauna.

The report which also mentioned illegal logging, logging in forest reserves or national parks and poor enforcement as some of the factors responsible has made the minister unhappy and demanded that the report be corrected.

A DAP leader Voon Lee Shan, who is the Batu Lintang State assemblyman said that Police and MACC reports should be made against the minister for trying to influence the Auditor General to change the report.

“This is an abuse of power and intimidation against the Auditor General. Police reports as well reports to MACC should be made,” he said, pointing out that the AG made the report based on the principle of authority and accountability.

The AG, he said, should be firm and should not be influenced by any quarter.

A PKR Sarawak leader and State Assemblyman for Padungan Dominique Ng accused Awang Tengah of trying to fiddle with the report. The AG, he said, has certain procedures and guidelines to follow in making their reports

“Unless the Sarawak Government is saying that the reports are without any basis and are wrong, then the minister is questioning the credibility of the AG.

“The Sarawak Government should spend time and effort to find out the truth instead in a denial mode. Didn’t they also deny the Penan rape cases?

“They are only trying to cover up atrocities now being committed in our lands,” Ng stressed.

Harrison Ngau, chairman of Sarawak Indigenous Lawyers Alliance (SILA), said that Awang Tengah should not attempt to question let alone dictate how the AG which is an independent body carries out his works or functions.

“If Awang Tengah wants the AG to change or amend its reports on the subject of forest management in Sarawak, other parties such as the native communities who live within or around the logging areas would also want their views to be included in the AG reports.

“I would also want to suggest to the AG to look into the reasons why environmental impact assessment study on loggings in Sarawak as required under the Natural Resources and Environment Ordinance was never carried out by the logging companies in the State?

“I wish also to challenge Awang Tengah to furnish to the AG copies of all the areas in Sarawak which have been licensed out for logging since 1981 and to reveal the names of the companies granted the licences.

“He should disclose all these to the AG to enable him to also study and annex the maps and the names of the companies in the AG reports so that the public can also make their assessment and give their views to the AG concerning the management of our forest in Sarawak.

“If Awang Tengah is so confident that AG was wrong in concluding that the management of our forests is poor, he should therefore have the courage to disclose all these,” Harrison said.

The Secretary General of Sarawak Dayak Iban Association (SADIA), Nicholas Mujah called on MACC to investigate Awang Tengah as there seems to be fishy elements on his call on the AG to amend his report.

“MACC must look into Awang Tengah’s call,” he said.

Meanwhile, Awang Tengah who is the most powerful minister after Chief Minister Abdul Taib Mahmud, demanded the Auditor General to make correction with regards to its reports on Sarawak’s sustainable forest management as it was misleading and incorrect.

“The Auditor General has to make the correction for fear that outsiders may use the report to tarnish the image of the state,” he said, adding that the final report was based on their (AG’s) own interpretation and not based on the reports, findings and comments from the Forest Department.

“If they want the interest and image of the State not to be affected internationally, they should make the necessary correction,” he said.

He said that the National Audit Department had actually requested for comments from the various departments before the AG made the final report.

“But in the final report they simply set aside whatever comments that we have gathered. The Forest Department was even not consulted when the final report was published.

“We do not question their competency on financial management such as how projects are implemented as that is their expertise. But to comment on certain things like sustainable forest management, I don’t think they have the expertise. They cannot come to the conclusion based on their own observation. For instance just because the water is muddy they blame it on illegal logging and pollution. You can’t make that kind of conclusion,” said Awang Tengah angrily.

“If they have the expertise to make the comment, it is okay, but I believe they don’t have it,” he said, pointing out that Sarawak had been practising sustainable forest management since the formation of the Forest Department and had been credited by international organisations, ITTO, and the United Nations.

Meanwhile, Prime Minister Najib Tun Razak has announced the setting up of a high powered task force to study the 2008 Auditor General report and initiate appropriate actions against those responsible for financial irregularities and abuse of power mentioned in the report.

“The committee will not only look at the abuse of power and initiate action against those found involved in financial irregularities but also take administrative actions against those found guilty but could not charged in court fro various reasons,” he said.

The task forced to be headed by the Chief Secretary to the Government Mohd Sidek Hassan would also include the Finance Secretary General Wan Abdul Aziz Wan Abdullah, Public Services Department Director General Ismail Adam and the Auditor General Ambrin Buang himself.

They would have the power to rope in Attorney General Abdul Gani Patail and the Malaysian Anti-corruption Commission (MACC) if the need arose, he said.

Following Awang Tengah’s complaints against the AG, don’t you think Awang Tengah or someone from the Forestry Corporation to be interviewed by the task force for possibly abuse of power? - The Broken Shield

Source: www.thebrokenshield.blogspot.com