Masing suggests setting up of Resettlement ministry

KUCHING: Sarawak’s Land Development Minister James Masing has called for the setting-up of a new ministry to deal with the resettlement of the natives affected by the displacement of the construction of dams.

“This ministry must have the authority to apply for allocations for engaging experts in looking into issues related to resettlement as well as the power to negotiate for terms for those affected,” he said to newsmen.

“Currently there is no ministry which has ‘resettlement’ in its job description despite the fact that resettlement in itself is a highly complicated matter that needed much attention. This is especially so in terms of financial and social aspects where there must be proper dealing with the villagers who are involved in the resettlement process.

“Now we are only asked to act on an ad hoc basis. I have been asked to help up in the Bakun dam resettlement because my wife is an Orang Ulu who comes from there.

“As an anthropologist, I don’t mind undertaking the resettlement projects. However, without the proper setting up of a ministry, I was neither the authority to apply for allocations for engaging experts to look into the resettlement issues nor the power to negotiate better terms of the affected people.

“These people were asked to move not that they chose to it. To me, they should be provided with basic facilities including housing, water and electricity free in the resettlement area rather than asking for it,” he said.

The needs for the setting up of the ministry are now greater in view of the fact that the state government is going ahead with the construction of more dams in the state, he said, pointing out that the state government should follow what was being done in China.

Masing, who recently visited China’s Three Gorges Dam, said that the project involved the resettlement of one million inhabitants and it has been done well because the resettlement budget took up as high as 45 percent of the construction cost.

“The dam costs US26 billion and 45 percent of it has been allocated for resettlement purposes. As for the Bakun dam, the cost of the dam is RM7.2 billion but only RM500 million has been used for the resettlement programme,” he said.

On top of that, he said, the people have to pay half of the amount back to the government for the housing and other facilities built for them.

“To me the cost of resettlement should be added to the cost of the construction of the dam,” he added.

Masing said that the government should have learnt lessons from its first Batang Ai dam built in 1982 that has flooded an area of 21,000 acres, involving in the resettlement of 3,000 Ibans in an area of 8,000 acres.

Presently, there are two on-going resettlement projects namely the Bakun and Bengoh dams. The Bakun dam was constructed for renewal energy which resettlement programme involved 10,000 natives from the Orang Ulu communities.

The Bengoh dam involved the resettlement of 1,600 Bidayuhs from four villages of Kampung Taba Sait, Kampung Rejoi, Kampung Bojong and Kampung Semban.

Masing admitted that the problems of relocation and resettlement programmes of the natives living within the affected areas have not been fully resolved due to the dissatisfaction among those affected.

Now Bidayuhs’ lands are also submerged

The Upper Bengoh friends took a group photograph after filing their suit.

KUCHING - Six Dayak Bidayuhs of Kampung Bojong and Kampung Rejoi, Upper Bengoh on 12 October filed a legal action against Naim Cendera Sdn Bhd, Kuching Division Superintendent of Lands and Surveys, the State Government of Sarawak and the Government of Malaysia to stop them from continuing the construction of Bengoh Dam as it affects their NCR land.

“We want a prohibitory injunction restraining the first defendant (Naim Cendera) and or its employees, servants and or agents from trespassing, clearing, using or occupying their NCR land.

“We want a mandatory injunction against the first defendant and or its employees, servants and or its agents to cease operations and remove all structures and their equipments or machineries from their said NCR land forthwith,” they said.

The six, Simo Anak Sekam, Tasek Anak Ayau, Eddie Anak Aheng, Bodui Anak Dayu, Bungai Anak Bengem and Sirus Anak Jon filed the suit at the Kuching High Court Registry this morning on behalf of themselves and 25 other families, proprietors, occupiers, holders and claimants of native customary rights land situated at Kampung Bojong and Kampoung Rejoi, upper Bengoh.

The villagers were accompanied by Lawyer See Chee How of the Baru Bian Advocates and Solicitors.

In their writ, they want the Court to declare that this native title and or rights preclude the third defendant (State Government) and fourth defendant (the Malaysian Government) from impairing or abridging the plaintiffs’ said rights and or constructing and completing the proposed Bengoh Dam, which affects their said native and or rights.

They want also the Court to declare that the acts of the first and the fourth defendants with the ostensible consent permission and authorization of the third defendant to construct and complete the proposed dam, in so far as they impair the plaintiffs’ native customary rights over the said NCR land, is wrong, illegal, unlawful, bad and or void.

The villagers also want a declaration order from the Court that the contract between the fourth defendant and the first defendant to design and construct and the construction of the proposed dam in as far as the extent of that area under the said proposed dam overlaps and or covers the plaintiffs’ NCR land is unlawful, improper, unconstitutional and therefore null and void, for want of extinguishment of plaintiffs’ native customary rights over the said NCR land.

Alternatively, they want a declaration that the contract between the fourth defendant and first defendant to design and construct and the construction of the propped dam is subject to the to the native title and native customary rights and or usufructuary rights of the plaintiffs in or over the said NCR land and that the contract and the construction of the proposed dam do not affect the plaintiffs’ said title and or therein.

The villagers claim that the construction of the dam impairs the plaintiffs’ rights to property in a manner which is discriminatory and unfair and based on criteria which are not made applicable to the right to property acquired and held by non-natives. In the premise, the construction of the dam by virtue of any legislation or any process exercised pursuant to it in so far as it affects the plaintiffs’ rights is unconstitutional and invalid as being violative of Article 8 of the Federal Constitution (equality before the law.)

Further and in the alternative, they said the contract between the fourth defendant and the first defendant to design and construct and the construction of the dam was unconstitutional as it was issued on violation of Article 13 of the Federal Constitution (no confiscation of property without adequate compensation.)

The villagers claim damages, exemplary damages; alternately aggravated damages, interest, costs and such further or other relief the Court deems fit and just.

The villagers use historical information and documents to back their claims.

The proposed Bengoh Dam which costs RM310 million is expected to submerge an area of about 1,600 hectares affecting four villages – Kampung Tebak Sait, Kampung Bojong Pain, Kampung Rejoi and Kampung Semban, involving some 394 families.

Once completed, the dam is able to store about 144.1 million cubic metres of water which will be supplied to Batu Kitang treatment plant. The plant’s current capacity of 786 will be increased to 2047 mega litre per day (MLD) for use by consumers of Kuching City and Kota Samarahan.

These families will be resettled at an area of 3,000 hectares near Kampung Semadang not far from Bau. According to Lawyer See Chee How, the area has now been leased to a company known as Salcrajaya Sdn Bhd, a two RM2 company with Deputy Chief Minister Alfred Jabu listed as one of the directors.

The other director is Salcra general manager, Vasco Sibat Singkang. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

(The story has appeared in The Malaysian Mirror news portal. It has been updated for The Broken Shield)