Two non-governmental organisations have slammed Assistant Minister for Public Health and Utilities Stephen Rundi for discouraging the natives from exercising their legal rights by taking their native customary rights (NCR) land disputes to court.
“The statement from Rundi shows how the state government under the current Barisan Nasional regime is not sincere about respecting and recognising the natives’ right to their customary land and resources and continue to make statements aimed to confuse the natives for their own selfish political agenda,” said Romuald Siew, president of Sarawak Native Customary Land Rights Network (Tahabas).
He was commenting on the statement by Rundi, who is the state assemblyman for Kemena that the best and the most effective way for the locals to claim Native customary rights (NCR) land is by submitting their applications to the government.
“Doing it through the courts would only benefit the lawyers,” he said, pointing out that he does not deny that the natives have rights to use the legal channels.
“But the best solution, which involves only a minimal cost would be to apply to the government,” Rundi said.
Responding to this, Siew said: “The natives have tried time and time again to get the government to recognise and respect our NCR, but most of the time the government could not be bothered.
“We have tried all the possible official channels including writing numerous letters, petitions and memorandums to get the state government to solve our land disputes and to get recognition and respect for our NCR.
"Some communities even did direct actions such as erecting blockades on their land or demonstrating peacefully, but until today, the government either ignores us or dismisses our claims,” said Siew.
“Now, where can the poor community seek redress for their NCR land problems? Of course, they have no choice but to engage a lawyer in order to seek redress through the legal channel.
“It is time consuming and costly for the natives, but what choice do they have when the government not only refuses to entertain their claims but keeps on arbitrarily issuing provisional leases to the big companies over their NCR land,” lamented Siew.
The Tahabas president said: “If the government is sincere, as a start Rundi should first look at the document titled, ‘Composite Plan Showing Distribution of Farming Land in Suai-Niah-Sibuti’ and use that as a reference to gazette the communal land boundaries of NCR areas in the Suai-Niah-Sibuti areas.”
Mark Bujang, Executive Director of Borneo Resources Institute (BRIMAS), pointed out that in the Baram District, the Brooke and British Colonial Administrations had recorded the communal land boundary of the NCR lands of the longhouses there in the ‘Register of Land Boundaries’ kept in the District Office, Marudi until today.
Mark also echoed the sentiments of TAHABAS to urge the government to also gazette the communal land boundaries immediately based on the records in the Register.
“As for areas where the communal land boundaries are yet to be recorded, the government should make its own efforts to go to the ground and assist the natives to record and gazette their boundaries,” said Mark.
Mark added: “Since the Courts have already decided that the communal land boundary of the NCR lands of the natives is based on or defined by the ‘antara’ or ‘garis menoa’ of their longhouses, the government should therefore comply with the said decisions by the Courts and immediately conduct joint ground surveys with the natives to identify and then gazette the communal land boundary of their longhouses.”
Can the government be charged for contempt of court when it (the government) refuses to comply with the court decisions? – The Broken Shield.
“The statement from Rundi shows how the state government under the current Barisan Nasional regime is not sincere about respecting and recognising the natives’ right to their customary land and resources and continue to make statements aimed to confuse the natives for their own selfish political agenda,” said Romuald Siew, president of Sarawak Native Customary Land Rights Network (Tahabas).
He was commenting on the statement by Rundi, who is the state assemblyman for Kemena that the best and the most effective way for the locals to claim Native customary rights (NCR) land is by submitting their applications to the government.
“Doing it through the courts would only benefit the lawyers,” he said, pointing out that he does not deny that the natives have rights to use the legal channels.
“But the best solution, which involves only a minimal cost would be to apply to the government,” Rundi said.
Responding to this, Siew said: “The natives have tried time and time again to get the government to recognise and respect our NCR, but most of the time the government could not be bothered.
“We have tried all the possible official channels including writing numerous letters, petitions and memorandums to get the state government to solve our land disputes and to get recognition and respect for our NCR.
"Some communities even did direct actions such as erecting blockades on their land or demonstrating peacefully, but until today, the government either ignores us or dismisses our claims,” said Siew.
“Now, where can the poor community seek redress for their NCR land problems? Of course, they have no choice but to engage a lawyer in order to seek redress through the legal channel.
“It is time consuming and costly for the natives, but what choice do they have when the government not only refuses to entertain their claims but keeps on arbitrarily issuing provisional leases to the big companies over their NCR land,” lamented Siew.
The Tahabas president said: “If the government is sincere, as a start Rundi should first look at the document titled, ‘Composite Plan Showing Distribution of Farming Land in Suai-Niah-Sibuti’ and use that as a reference to gazette the communal land boundaries of NCR areas in the Suai-Niah-Sibuti areas.”
Mark Bujang, Executive Director of Borneo Resources Institute (BRIMAS), pointed out that in the Baram District, the Brooke and British Colonial Administrations had recorded the communal land boundary of the NCR lands of the longhouses there in the ‘Register of Land Boundaries’ kept in the District Office, Marudi until today.
Mark also echoed the sentiments of TAHABAS to urge the government to also gazette the communal land boundaries immediately based on the records in the Register.
“As for areas where the communal land boundaries are yet to be recorded, the government should make its own efforts to go to the ground and assist the natives to record and gazette their boundaries,” said Mark.
Mark added: “Since the Courts have already decided that the communal land boundary of the NCR lands of the natives is based on or defined by the ‘antara’ or ‘garis menoa’ of their longhouses, the government should therefore comply with the said decisions by the Courts and immediately conduct joint ground surveys with the natives to identify and then gazette the communal land boundary of their longhouses.”
Can the government be charged for contempt of court when it (the government) refuses to comply with the court decisions? – The Broken Shield.
