Why are they scared of the truth?

On 1 March 2010, a special seminar on land was held for members of PBB delegates who were in Kuching attending the PBB general assembly.

Initially every one was encouraged to talk or raise questions. Encouraged by the atmosphere, one of the Iban delegates described the taking away of NCR land by big companies as “PL disease” (provisional lease).

Among those listening to the grouses by the delegates were Deputy Chief Minister Alfred Jabu Anak Numpang, (most powerful) Second Minister of Planning and Resources Management Awang Tengah Ali Hassan.

After the delegate described the taking away of NCR land as “PL disease”, the ministers and the organisers of the seminar did not allow the seminar participants to talk or raise questions on problems affecting the NCR land. They were only to listen to explanation from the government.

Many delegates from Kanowit, Selangau, Simanggang, Lubok Antu, Lundu, Simunjan, Bintulu and Niah wanting to know more about the “disease” were fumed with anger as they knew they were not told the truth about NCR land issues through JV.

Certainly delegates and land owners from Kanowit wanted to know why they have not been paid a single cent as dividend even though their lands have been planted with oil palm through a JV about 10 years ago.

While Jabu seemed to be quiet (according to delegates who talked to The Broken Shield), only Awang Tengah tried to explain the “PL disease” blaming the contractors appointed by the provisional lease (PL) holders for encroaching into some native customary right lands.

Have the NCR land owners been told the truth about the evil of joint venture schemes? – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Prove the land is yours, says Awang Tengah

Awang Tengah says that the government is recognizing native customary rights (NCR) lands as long as the landowners can come up with proof or evidence and the piece of land fulfills the existing land conditions.

“The evidence and conditions must be based on the research and record kept by Land and Survey Department,” the second minister of planning and resource management said.

He cited an agricultural development project purportedly to be implemented on the site where a longhouse, Rumah Chang in Niah, had been built.

Certainly we can prove that land belongs to the landowners based on the following pieces of evidence :-

>> The existence of pendam tuai (old graves) before 1 January 1958;

>> The existence of tembawai ( the sites where longhouses had been built) before 1 January 1958;

>> The existence of fruit trees, rambutan, durian, engkabang, rubber trees, (some of these trees are more than 100 years old);

>> The owners have been farming the land from generation to generation even during the Brooke regime (Tuai Rumah and Penghulu can bear witness. But the problem is that the Tuai Rumah and Penghulu have been warned by the government not to simply endorse such land as NCR land belonging to a certain person. The other problem with Tuai Rumah is that a number of them have become land brokers for certain YBs as in the case of Bau and in Lundu);

>>“Pemakai menoa” and “Pulau Galau” have now been declared by the Federal Court as part of NCR land and can be used as evidence of the existence of NCR land.

It must be admitted that it is not easy to reconcile our proofs with the evidence and conditions on the research and record kept by the Land and Survey Department.

>> Firstly, the department, if it is against us, will say that there is no evidence or record kept by them.

>> Secondly, the department may erase the evidence and record, so we will still lose to them.

From now on, we should wherever possible survey our own land using the GPS (Global Positioning System) and submit the surveyed land to the Land and Survey Department.

Although the government does not recognize it, we have at least a piece of evidence and the Court, however, recognizes our rights in the land. – The Broken Shield

News and Views: Land seminar

A two-day land policy and administration seminar is to be held at Parkcity Everly Hotel in Bintulu starting on 21 April. To be attended by some 400 participants consisting of Barisan Nasional politicians, Senators, civil servants and community leaders, it will aim to clarify common issues, rid suspicion and public confusion.

Awang Tengah Ali Hassan, second planning and resource management minister says it is equally important to enhance the understanding of BN politicians, civil servants and community leaders on land policy and administration.

Suspicion and confusion among the people, especially those in the rural areas, arose when interested parties exploited their lack of understanding and knowledge on land policy and administration. And the situation is made worse when the politicians, community leaders and civil servants fail to explain the policy satisfactorily to the people, Awang says.

He admits that half of the people do not understand some land policies and administration, and this has contributed to suspicion and confusion. Because of this the public are kept in the dark especially when their lack of understanding is exploited by certain quarters.

Six papers will be presented at the seminar: Roles and responsibilities of ministry of planning and resource management: An overview of land administration and policy in Sarawak; The new concept of development on native customary rights (NCR) land: Approaches and strategies; Evolution of land policy: Transforming the landscape of Sarawak; Laws and regulations governing land administration and policy in Sarawak; Native customary rights (NCR): Recognition, status, dealings, extinguishment and compensation; and the forests (planted forests) rules 1997.

It is sad that Awang Tengah does not want Suhakam, Sarawak Dayak National Union (SDNU), Sarawak Dayak Iban Association (Sadia) and other non-governmental associations (NGOs) to attend the seminar. If the government is sincere and has nothing to hide, why are these organisations being excluded? After all these are the organisations that always give the government a headache, as they, perhaps, “lack” understanding of the government’s policy and administration on land especially on NCR land.

But on the other hand, why invite community leaders like Tuai Rumahs as many of them barely know how to read and write, let alone understand the complex issues of NCR land administration? What we want is for some of the Dayak lawyers to attend the seminar so that they will be fully knowledgeable on land laws, regulations and policies.

Excluding these people can mean the government has an ulterior motive. We want to know why there is a need to keep on amending the Land Code and each time the amendment has serious legal implications on NCR land owners.

Since 1997, several amendments have been made, and the most damaging one was made in May 2000 with regard to Section 5 of the Land Code. Since this amendment, the NCR land owners have been criminalized for owning and defending their land. Many have been thrown into prison. Some have brought their cases to court. Up to this day, there are nearly 200 cases of land owners suing the government and companies for taking away and encroaching into their NCR land.

We know that this seminar is to tell the seminar participants the government’s side of the story. Perhaps the BN leaders have felt that they could not answer so many questions on NCR land issues during the recently concluded Batang Ai by-election, as they lacked understanding. Or perhaps the BN leaders are preparing for the answers for the coming State election?

Any way I would like to ask the following questions: Are we (including the Dayak politicians in BN, the Dayak civil servants and Dayak lawyers) going to stand idle when our parents’ and grand parents’ NRC land are being taken away and being sold to big companies for oil palm plantations? Are we? Don’t you feel sorry for your parents and grandparents who have been owning and farming the land for generations suddenly find their NCR land are being taken away by companies? – The Broken Shield