SADIA to be deregistered?

KUCHING: The 28-year old Sarawak Dayak Iban Association (SADIA), one of the most effective non-governmental organisations, is facing deregistration following complaints by the Registrar of Societies for contravening the provisions of the Societies Act 1966.

In his show caused letter dated 23 August 2011, the registrar alleged SADIA of being involved in the Batang Ai by-election in 2008.

He also alleged that SADIA has contravened the Article VI clause 1 of the Societies Act and Regulations for not holding its triennial delegates conference. Its last meeting was held in 2006.

It has also failed to elect new office-bearers which should be held in 2009 as well as failing to submit its annual returns for the years 2007, 2008, 2009 and 2010.

SADIA has been given until September 23 to reply to the show-caused letter.

SADIA President Sidi Munan told SADIA members that he had replied to the show-caused letter, and the association is still awaiting the outcome of the ROS’ decision.

Judging by the tone of the show-caused letter which was signed by Deputy Registrar of Societies Malaysia, Haji Fison bin Haji Yahaya, there is the likelihood that SADIA is in real danger of being deregistered.

ROS Kuching Ken Leben was not available for comment.

The authorities have been targeting the association for the past five years after it was actively involved in defending the rights of natives and the indigenous people especially when the native customary rights (NCR) lands were encroached upon by oil palm plantation and timber companies.

Almost all of these companies have connections one way or another with the powers that be in the state.

The authorities are also fearful of SADIA as it is an accredited member of Economic and Social Council of United Nations (ECOSOC), and a member of the Indigenous Peoples’ Network of Malaysia or Jaringan Orang Asal Se-Malaysia (JAOS), an umbrella of 21 community-based non-governmental organisations that have the indigenous peoples’ issues as the focus.

It is also a member of Asia Indigenous Peoples’ Pact (AIPP), an organisation of indigenous peoples’ movement in Asia.

SADIA Secretary General Nicholas Mujah said that SADIA headquarters has been raided twice in the past two years, the latest was in June this year by officials from the Home Affairs Ministry, who have taken substantial amount of documents including court exhibits and affidavits.

Until now, SADIA staff members including Mujah have not been charged in court.

SADIA was registered in 1984 with the aim to promote the usage and the advancement of Iban Language, and its efforts which were supported by Iban officers in the Education Department resulted in Iban language being studied in Primary and secondary schools. Moves to study Iban in tertiary education are underway.

Its other objectives are to protect the Iban Adat, traditions and customs.

Lately it has been in the forefront in the protection of the native customary rights (NCR) land resulting in a number of its members being jailed for defending the NCR land.

And because of evidence given by SADIA officials, the majority of NCR land cases have been ruled in favour of the natives.

Ibans, Bidayuhs, Orang Ulu and even Malays have sought the advice and assistance from SADIA, which acts as their paralegal before the filing of any NCR claims against the government.

“I believe that SADIA’s involvement in defending the rights of the natives as far as NCR land is concerned is one of the real reasons why ROS is asked to cancel its registration.

“I believe that complaints come from some of the Iban leaders who are pro-BN,” said a senior member of SADIA who requested anonymity.

Iban farmer arrested for defending his NCR land

Matek Anak Geram, an Iban farmer, a member of TAHABAS (Sarawak Native Customary Rights Network) and Committee Member of Jaringan Orang Asli SeMalaysia (JOAS) was arrested by the police on 13 August 2009 for the crime of allegedly restraining the workers of an oil palm plantation.

Unarmed, he was taken into custody by 10- fully-armed police personnel at 8.45 am and detained for two hours at the Mukah Police Station and charged for allegedly wrongfully restraining the workers of an oil palm plantation company, Saradu Plantations Sdn. Bhd. under section 341 of the Penal Code before being released on bail.

For over a year, Matek and his immediate family have been guarding their property against Saradu Plantations who have been encroaching on their native lands.

In individual shifts, they have blocked an access road built on their land.

JOAS questions the heavy use of force and intimidation against one unarmed man and calls for neutrality of the state infrastructure in this legal dispute between the private company and indigenous peoples.

Saradu Plantation Sdn. Bhd. is a Sarawak oil palm company, which has been given 15,000 hectares of land by the state government to develop oil palm in Balingian.

Saradu is also linked to the Sarawak Chief Minister as his brother-in law, Robert Geneid and sister, Raziah Mahmud are majority shareholders of the company.

JAOS said: “Matek Geram’s case is just one of hundreds of land encroachment and conflict cases between indigenous peoples and oil palm plantation companies in Sarawak.

“In light of this, JOAS reiterates its support for the recent call from TAHABAS and other indigenous peoples organisations for a moratorium on plantation development projects.

“JOAS reiterates its position that the State Government-issued provisional leases are encroaching illegally into our constitutionally-recognised customary lands and forests.

“Until the government moves towards a meaningful solution with the full and effective participation and consent of indigenous peoples, incidences like Matek Geram will continue to take place throughout the state, to the detriment of the rights of indigenous Sarawakians, the sustainable development of the Sarawakian population and the image of the state of Sarawak and Malaysia,” it said.- The Broken Shield

Source: www.thebrokenshield.blogspot.com

Leasing NCR land to plantation companies is illegal

The acts of the state government in issuing provisional leases over NCR land to plantation companies are illegal without the prior consent of the land owners, says Michael Jok, who represents several indigenous peoples organisations.

The organisations included Jaringan Tanah Hak Adat Bangsa Asal Sarawak (TAHABAS), Jaringan Orang Asal SeMalaysia (JOAS), Borneo Resources Institute Malaysia (BRIMAS), PACOS Trust Sabah (PACOS), Persatuan Wanita Desa Sarawak (WADESA), Sarawak Dayak Iban Association (SADIA) and SPNC and Orang Asli community Reps (Peninsular Malaysia).

In a joint statement issued to commemorate the international day of the Indigenous peoples of the world on 10 August 2009 which was held in Miri, Jok said: “We call on the state government to stop large-scale plantations and other activities on indigenous lands until effective measurers to safeguard their rights and the environment are in place.

“We are deeply concerned that the state government has issued licences for planted forests plantation over as large as 1,397,644 hectares in three areas of Belaga, Kakus and Tutoh.

“This still does not include oil palm plantation. Some of these forest plantation estates are established within the NCR land and water catchment areas of the native communities,” he said.

Jok said: “We are calling on the government to stop this arbitrarily issuance of provisional lease to any private companies for the purpose of plantation development projects. The companies that have been given the PL have encroached illegally into the NCR land of the native communities.

“The effect of this has resulted in disputes over rights to the land and resources. The acts of the state government in issuing provisional leases over NCR land are illegal without getting the prior consent of the natives.

“We strongly urge moratorium on any plantation development projects and call on the government to immediately bring about meaningful solutions to all these land disputes and land rights,” he said.

On the exploitation of timber, Jok said that over the past decades our indigenous communities have faced turbulent survival as a result of our forests being continuously exploited by timber companies.

“Logging has destroyed our fundamental existence of living, the plant varieties including medicinal plants, animals and fish have either become threatened or extinct.

“The bulldozed forests cannot be planted with crops as soil is compacted and disturbed; crop harvests are reduced and rivers on which the people depend for water became polluted.

“Forests produce become scare which threatens the survival of the people who have depended on it for hundred of years,” Jok said, adding that in Sarawak, native communities are yet to face the worst in the future.

He said as the sunsets on the timber industry in Sarawak, the state government energetically seeks to diversify and broaden its revenue base via land development for oil palm plantation and large scale trees plantation.

“This land development means taking on time and again the various indigenous communities on their native customary rights (NCR) lands and forests within our respective ancestral territories,” Jok said.

The state government considered all NCR land as “idle land” in need of large scale development to be brought to the native communities in order to alleviate their poverty.

This argument, he said, was used to promote logging in the 1970s and is now used to justify the introduction of oil palm plantations and industrial tree plantation.

“After more than three decades of extensive loggings and deforestation why are that most of our people living in the interior are now worse off than before?” he asked. - The Broken Shield