Native Land owners have the last laugh

Pic taken from www.dayaknation.com/blog

The State government has to spend colossal amount of money unnecessarily on court cases and land compensations to be paid to native land owners who have sued the government for illegally taking away their land and leasing them to companies for the planting of trees or oil palm.

Such court costs and compensations for a land case may run to one million ringgit or more as they have to pay for damages to the land, the destruction of fruit trees and cash crops, the demolishment of their houses and loss of incomes. Imagine the amount of money the government has to pay for the 20 cases that the natives have so far won. The amount could be over RM20 million.

Of course the companies which were given the provisional leases have also come up with compensation money.

And there are 203 cases pending in the Court.

The latest victory (on 23 February 2010) involved land owner Agi Anak Bungkong and 196 Iban families of Selezu, Setulai and Sepadok in the Sebauh District, Bintulu when they successfully won their case against the State Government and company which had applied for stay of execution against a High Court decision on 21 January 2010.

The land owners from 15 longhouses were represented by Messrs Baru Bian Advocates and Solicitors, Kuching, while J.C. Fong represented the government.

The land owners had sued the government and company over native customary rights land in and around their longhouses in Selezu, Setulai and Sepadok in the Sebauh District, Bintulu.

They claimed that they had native customary rights over those lands which were not merely lands. Lands, they said, constituted their life, and from where they derived food, valuable medicines, wildlife and natural produce fore their livelihood and sustenance.

They cultivated padi, fruit trees, rubber, cocoa and other essential trees and crops on those lands. Hence, they argued that native customary rights land, comprising lands and forests, were not just a source of livelihood but life itself.

They said that their NCR over their lands was recognised in and by law and expressly acknowledged and honoured by the government of the day.

However, possibly due to an act of recklessness and negligence of the 4th defendants (Land and Survey Department) and the 5th defendants (the State Government) or in disregard of the plaintiffs’ acquired, vested or accrued rights in the native customary land, two provisional leases over Lot 2 Block 4 Selezu Land District and Lot 2 Block 34 Kemena Land District were issued to the 2nd defendants (Lembaga Tabung Haji) and 3rd defendants (Semai Mekar Sdn Bhd) on 2 December 1996.

The said provisional leases covered and included a substantial part of the plaintiffs’ said native customary rights land.

High Court Judge David Wong granted that the plaintiffs have native customary rights over the lands they cleared on 21 January 2010.

The judge ordered that the NCR lands should be ratified and excluded from the provisional leases.

The plaintiffs must be given vacant possessions forthwith, he said.

The judge ordered that damages for the plaintiffs to be assessed 4% interest per annum from the date of encroachment to the date of judgment and 8% from the date of judgment to the realization of the payment.

Costs to the plaintiffs are to be assessed by the Court.

Against this decision, the State Government and company applied for stay of execution.

In today’ hearing, High Court Judge Linton Albert dismissed the government’s application and awarded costs to the land owners.

Following the Court decision, See Chee How of Baru Bian Advocates and Solicitors said the company must completely vacate the land and deliver the same to the plaintiffs.- The Broken Shield

Source: www.thebrokenshield.blogspot.com

Emulate the Spirit of Rentap

According to The Eastern Times of 23 December 2009, the Deputy Director of (Administrative and Development and Transformation) of Malaysian Administrative Modernisation and Management Planning Unit (MAMPU), Abdul Rahim Md. Noor urged all civil servants in the State to have the “Rentap Spirit” to bring the nation to greater heights.

He said that Rentap had a special character, who had the spirit and the courage to fight and to defend his people, and was thus worthy of emulation by all civil servants in the state.

“Rentap was willing to sacrifice his own life for the sake of his people. In fact there are many people in Sarawak who have this kind if spirit. The Sarawak Rangers and the Ngap Sayot are a few of the examples. They all have very strong fighting spirit.

“It is time for us to revive this kind of spirit and instill it into our civil service, and if we can do that, I am sure that we will be able to achieve a world class civil service by 2015,” Abdul Rahim said.

The Broken Shield’s comment:

We have now and then been reminded by our leaders to emulate the spirit of Rentap, who was one of Sarawak’s earliest freedom fighters more than 160 years ago against the “evil and cruel” White Rajah and his army.

Despite the odds against him, Rentap had never surrendered and had for a time was able to defend Bukit Sadok, Ulu Layar, Betong Division in battles in 1857 and 1858 and in 1861, he and his army were over run. He retreated to Ulu Wak where he was believed to have died.

Branded as rebel, Rentap was a fearless fighter and fought gallantly defending his territory and his people against the intruders (the White Rajah and his army).

The natives especially the Dayaks should emulate Rentap’s courage and spirit to defend in Rentap’s case his territory against the intruders (the White Rajah) and for us our NCR land against Sarawak’s new Rajah and the intruders (big plantation companies).

Thousands of acres of NCR land are being declared “State land” and then are being leased to big plantation companies. The land owners not only lose their land, their fruit trees and cash crops, but many also have lost their longhouses. But the natives, like Rentap, fight back; some put up blockades against these powerful “new Rajah” and his big plantation companies. And many have landed in jail. And They are the real “Rentaps” .

Our YBs who dare not speak for the people who voted for them against the intruders are not “Rentaps”. They are only the great pretenders. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Sarawak has a new Rajah

KUCHING – Chairman of Sarawak PKR Baru Bian has claimed that Sarawak is now under a new “Rajah” who has controlled the State for the last 27 years where he gets almost everything from forests, land, government contracts, and prime city land like Batu Lintang area in Kuching city down to the collection of rubbish.

“We are under a new colonialism, far worst than before we joined Malaysia,” he said in a key note address at a one-day PKR convention on Sunday 13 December 2009.

“Because of this new colonialism, we, the sons of the Land of the Hornbills, must work together and dispose this dynasty.

Pointing out that Sarawak has come to a political cross-road, Baru said: “A new hope is dawning in Sarawak.

“Parti Keadilan Rakyat which is under the leadership of Anwar Ibrahim is here and it will help us get rid of this new colonialism.

‘Notwithstanding the bleak situation that we Sarawakians are in today, I see hope, new hope rising in the horizon. This hope must be polished and nurtured by all the people of Sarawak.

“It is the hope promised by Pakatan Rakyat, aggressively promoted by PKR, a paradigm shift from inward and selfish attitude of championing a particular race and religion to a focus on the common people cutting racial and religious prejudices to birth a new Malaysia and a Malaysian race where none will be left behind where all shall be treated equal citizen of this beloved country,” Baru said.

He said that he had read the Cobbold Commission Report, which disclosed the findings of the commission on our people before the formation of Malaysia. And one part of that report stated that many of the people were weary and anxious to join the Federation because they feared that the wealth of this State would be siphoned to Kuala Lumpur and we the people of Sarawak be left high and dry.

“Today this is a reality. But the sad fact is this, that not only are we left high and dry by Kuala Lumpur, even our own leaders here in Sarawak have robbed us of the share of our wealth, robbed us of our land, robbed us of our opportunities in business by getting most of the big Government contracts for themselves and their family members,” Baru said.

He said that many people from Sabah and Sarawak saw their status today as no more than “anak angkat” (adopted children) of the federation because of the treatment given to them as compared with other States in the Peninsula.

“At other time we the people of Sabah and Sarawak feel that we are being colonialised,” he said. Forty-six years down the road of independence, he said the people are proud to say that Malaysia is a developing country, a democratic government, a civilized and opened society governed by the rule of law.

“Yet, today in the same breath we use draconian laws like ISA and the like to oppress our citizens, pervert justice and suppress the truth.

“Enforcement Agencies like MACC, the Police and the AG Chambers have lost all credibility because of their apparent unprofessionalism and selective prosecution focused only on the opposition, the weak and the defenseless while the politically linked, rich, powerful and mighty are free to instill fear upon the ordinary people like you and me.

“You are not permitted to speak your mind, to offer your opinion and to reveal the reality of things. So the truth is often times intentionally concealed, hidden and even manipulated by the power that be, to preserve the status quo or prolong the agendas of the corrupt and the unjust,” Baru said.

He explained that one of the reasons why Sarawak and Sabah agreed to the formation of Malaysia was that our people of the eastern States could merge and flow together in the main stream of national development promised by the Federal Government then, with the sincere hope that they and the generations after them could better their lots in every sense of that phrase ‘national development’.

Our forefathers, he said, were promised that they would be elevated to a better life, improved standard of living, better educational opportunities and share equally the riches and wealth of our Nation.

“Today, after 46 years Sarawak joined Malaysia, the dreams of our forefathers to be on equal footing with Malaya, as it were, is far from being a reality.

“The Government builds one of the tallest buildings in the world, yet we are unable to provide homes and basic amenities for the poor and needy among us in particular the rural Dayaks of Sarawak. Studies show that many people in Sarawak in particular the Bumiputras are among the poorest in Malaysia.

“The Government boasts in sending a medical doctor and astronaut flying into space, yet they fail to continue and maintain the Flying Doctors Services to the rural places of Sarawak which has been a source of great relief to many of the frail and the sick deprived of proper medical assistance all their lives, due to greed and business rivalries at the expense of our poor and needy.

“The Government boasts in our national car-making achievements and records, yet many of our rural areas in Sarawak are still inaccessible by proper roads. Don’t talk about manufacturing national cars when the rural poor have yet to see any road to their villages.

“Vast areas of Sarawak after 46 years within Malaysia are still accessible only by the most expensive means of transport, air, the most dangerous, logging roads, the most arduous, rivers and the longest and time consuming, on foot.

“Our priorities are misguided, our focus distorted and our vision blurred; misguided because of insincerity, distorted because of corruption and blurred by material greed.

“We pride in the spirit of Malaysia Boleh, yet often time that spirit is motivated and inspired by racial and religious sentiments not towards a true spirit of 1Malaysia, but leading us down the path of national disintegration, polarization and suspicion. And those who advocate these despicable things are protected and sheltered by the present BN Government,” he said.

Baru went on to say: “The Government boasts in the fact that we are on the road to a developed nation status stirred by a perfect Vision 2020, yet we are blind to the vast majority of us in Sarawak who have lost their only earthly possession, their very source of life, the land, the forests and the environment to rich logging companies, plantation owners and investors, and where poverty rates equal of that many African Nations.

“Where basic amenities are rare commodities and that the very existence of a community is threatened in the name of development,” he lamented. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Native laws need to be reviewed

KUCHING - The Chief Judge of the High Court of Sabah and Sarawak Tan Sri Datuk Seri Panglima Richard Melanjun suggested that the current set of native laws should be reviewed in order to keep up with the time and modernisation.

He said that the native courts of Sabah and Sarawak are still active, but the laws need to be relevant in modern society.

“The native laws are good for the rural folks so that they do not have to go to town to acquire justice,” he said at the launch of a ‘Business Law’ textbook and stressed that the native laws must be maintained to preserve native cultural heritage in Sabah and Sarawak.

Native laws have been around for quite awhile, but they have not been taken care of, he lamented.

“We need to refurbish the native laws, keep the good ones and put aside others. If they are not reviewed or updated, people may not use them anymore one day,” he said.

The native courts in Sarawak were divided into Headman’s Court, the Chief’s Court, the Chief’s Superior Court and the Native District Court.

(a) A Headman’s Court may be constituted by a Tuai Rumah sitting with two assessors. It may impose fines not exceeding RM300 (three hundred ringgit).

(b) A Chief’s Court may be constituted by a Penghulu sitting with two Tuai Rumahs to assist him. It has power to impose imprisonment not exceeding six (6) months and a fine not exceeding (RM2,000) two thousand ringgit.

(c) A Chief’s Superior Court may be constituted by a Temenggong or a Pemanca, or both Temenggong and Pemanca sitting in either case with two assessors. It has power to impose imprisonment not exceeding one (1) year and a fine not exceeding RM3,000 (three thousand ringgit).

(d) A District Native Court shall consist of a magistrate and two assessors. It has power to impose imprisonment not exceeding two (2) years and a fine not exceeding RM5,000 (five thousand ringgit).

Jetty’s comment: We agree that the Native laws need to be updated and the Native courts to be given proper respect. I have bitter experiences with a Chief’s Court in Simunjan way back in 1996/1997. A Penghulu, who presided the case and assisted by two Tuai Rumahs, did not know his law. He told me “alah nuan” (you lost the case). No reasons were given why I lost the case. “Nuan enda puas ati, nuan tau ngapil” (If you are not satisfied, you can appeal).

Later I found out three things why I lost the case regarding our land, which was claimed by someone else. One, he was a PBB man as he was appointed by PBB to be a Penghulu and as a PBB man he would rule against those who were in the Opposition; two, he was given some money by my opponent and three, he was not conversant with native laws.

I lodged a complaint with the District Officer, Simunjan and his Penghuluship was terminated. Luckily he was not charged in court for corruption. My case was then heard by the Chief’s Superior Court. Of course I won, because the land is really ours.

In another case in the Chief’s Court, a friend of mine lost the case simply because the Penghulu did not dare to make a decision, so the case was neither win nor loss (sama-sama menang tauka sama sama kalah). The case happened in 1998. My friend appealed to the higher court that is the Chief’s Superior Court. He paid the deposit. Until today, more than 10 years nothing is heard of the appeal.

I have heard there are literary several hundreds of cases pending appeal in Simunjan alone. I am sure there are also unsolved cases in other districts.

Is this justice? How can we have respect for the Native Courts when those presiding such cases do not understand the native laws? No wonder the Chief Justice wants review to be carried out in the Native Courts and the native system of laws. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

SADIA asks for help

KUCHING – The Sarawak Dayak Iban Association (SADIA) wants the manipulation and violation of the native rights in Sarawak to be brought to the attention of a United Nation Convention to be held next month in Copenhagen.

“SADIA is not invited to the convention, but please help us to highlight the manipulation and violation of our native rights by timber and plantation companies in Sarawak,” said SADIA President Sidi Munan.

He made the appeal after briefing a high powered delegation from Bangladesh on problems affecting the indigenous people of Sarawak at the SADIA headquarters on Wednesday afternoon (11 Nov 2009).

As guests of the association, the 11-member delegation was in Kuching to study problems faced by the indigenous people in the State.

Led by State Minister Dipankar Talukdar, the delegation which included Members of Parliament, a judge and an UNDP representative had met native leaders in Sabah and Orang Asli in the peninsula for a similar fact finding mission. They will proceed to Jakarta and West Kalimantan on Friday.

Sidi said: “Since your country is going to attend the convention, please help us to highlight problems, the violation, manipulation and exploitation of our native rights which have become very acute in the last five years by plantation and timber companies.

“Not only our catchment areas and our rivers have been polluted, our NCR lands have also been encroached into. Many of our natives have been arrested and jailed for defending their land and their rights,” he added.

He said: “In the meantime, the natives have taken their cases to court, but for their cases to be solved, it would take one year to 10 years. And by that time, there is nothing left of native rights. Thus, the only way open for them is to put up blockades against these companies.”

Sidi said SADIA has been trying to help by highlighting and bringing to the attention of international bodies regarding the problems faced by the natives.

Speaking on behalf of delegation, Dipankar Talukdar said that not much was known about the natives of Sarawak but after they had been briefed and seen a documentary film on the plight of the natives they were now enriching their knowledge.

“Exploitation of natives is a world-wide phenomenon and nobody pays any attention to them,” he said, adding that his country did not have such a problem now as the present government’s policy to help the indigenous people was supported by the majority of the non-indigenous people.

“But let us all, the indigenous people of the world be united in order to ensure a better future,” he said.

After the briefing, they left for a longhouse, Kampung Temiang in Simunjan, where they stayed for the night.

(Note: The story was first published by The Malaysian Mirror and it is reproduced here for the readers of The Broken Shield)

Taib challenges NGOs to form political parties

KUCHING – Chief Minister Abdul Taib Mahmud has challenged NGOs to form their own political parties in order to confront him over land and environmental issues.

Launching Sarawak Forestry Corporation’s Orangutan Adoption programme over dinner on Friday night (13 Nov '09), Taib said he was unhappy with some agencies and NGOs which had constantly raised issues pertaining to wildlife and environment in the State.

Taib particularly singled out Human Rights Commission of Malaysia (SUHAKAM) which is supposed to fight for human rights, has a lot of issues on land, which later jumped into orangutan talks.

“Why don’t they just form a political party rather than fighting in disguise?” he asked.

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What the Malays say: "Cakap tidak serupa bikin". This expression is aptly applied to Taib. When a group of Dayaks wanted to form a political party way back in 2005, Taib, according to the Registrar of Societies was among Sarawak leaders who strongly objected to the registration of Malaysian Dayak Congress (MDC). Here he wants NGOs to form a political party.

His Deputy Alfred Jabu, who had earlier on welcomed any one to form “a political party, or any party or even a tea party ka” labeled MDC as “mai Dayak charut”. Apparently because of Jabu’s remarks, the Federal authorities refused to register MDC on grounds of security that it (MDC) would bring chaos to the country. What stupid reasons for the authorities not to register MDC!

The question we want to ask is: Does Taib really mean what he says and supports the registration of any political party in the State in the near future either by any of NGOs or a group of people? - The Broken Shield

Source: www.thebrokenshield.blogspot.com

Let us discuss Dayak Dilemma

KUCHING – Former president of Sarawak Dayak National Union Datuk Daniel Tajem has called all Dayak non-governmental organisations (NGOs) such as the Sarawak Dayak National Union (SDNU), Sarawak Dayak Iban Association (SADIA), Dayak Bidayuh National Association (DBNA), Orang Ulu National Association (OUNA), Sarawak Dayak Graduates Association (SDGA) and Dayak Chamber of Commerce and Industry (DCCI) to organise a seminar on the Marina issue as well as on Articles 161a of the Federal Constitution.

“Let us discuss these issues and submit resolutions to the government especially on the clear definitions of Dayak, Iban, Bidayuh and Lun Bawang in the Federal and State Constitutions as well as in the Sarawak Interpretation Ordinance,” said Tajem, who is a lawyer of some standing.

“We must come together and discuss these issues which are very important to our survival and the privileges and rights that should be accorded to us under the Constitutions.

“Otherwise we will be further marginalized, suppressed and oppressed in the country of our birth,” he added and called on the Dayak NGOs to accept the challenge posed by him.

Marina Undau is not alone. Tens of thousands of other natives in Sarawak who come from mixed marriages cannot be classified as natives (bumiputra) even though their fathers are Dayaks, if the Article 161a (6) (a) Federal Constitution is to be imposed.

161a(6) says that in this Article ‘native’ means (a) in relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and (b) in relation to Sabah, a person is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.

(7) The races to be treated for the purpose of the definition of ‘native’ in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabit, Kayans, Kenyahs (including Sabups, and Sipengs), Kajangs, (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowit), Lugats, Lisums, Malays, Melanaus, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.

Since Marina’s story was highlighted by a local newspaper on 29 October that she was not a native (bumiputra) even though she was born to an Iban father and a Chinese mother, thousands of the off-springs from these mixed marriages are worried as they will not (from now onward) be entitled to privileges as spelt out in Article 153 of the Federal Constitution. Their investments in ASB, their privileges of scholarships, applications to study in UiTM, special rates to buy houses, special consideration in business and contracts, native customary rights over land, and etc may not apply to them.

Debates and discussions on the issue in coffee-shops, in offices, in newspapers and internets, in some cases bordering sedition, have sprung up from various quarters including Chinese, Malay and Dayak leaders. While some have put the blame on the Ministry of Education, others put the blame on our political leaders. There are those who also blame the pioneers of the Malaysian Agreement.

Deputy Minister of Information, Communications and Culture Joseph Salang, described as “narrow-minded” the officers who rejected Marina’s application to enter a matriculation programme by citing the provision in the constitution.

Salang, who is Publicity Officer of Parti Rakyat Sarawak (PRS), said that Malaysia could do without these officers who were creating tension and disunity in the country.

“Whoever cited the provision does not understand it well. These officers need further education,” he told a local paper.

The MP for Serian, Richard Riot, used equally strong words to describe the rejection of Marina’s application as a “sick policy stuck in a time warp”, viewing the case as “very serious, because if the policy is allowed to remain in place it not only will make a big joke of the 1Malaysia concept, but many children of such mixed marriages are going to lose their Bumiputra status, despite the facts that they are Dayaks and live the life of Dayaks.”

“This is one unhealthy development that I see is a step backward, while the nation seeks to unite Malaysians through all kinds of means like creating the National Unity and Integration Department, celebrating open houses, encouraging Malaysians to mix and mingle and lauding the many mixed marriages among Malaysians.

“The Federal Constitution needs to be amended. Bidayuh people like me, who are proud of our race and are strong supporters of Barisan Nasional, will go extinct if this is allowed to continue,” he said.

PRS president James Masing, who is Land Development Minister said that it was shameful that admission into local universities is still based on race rather than merit.

“Such methods do not sit well with Prime Minister Najib Razak’s concept of 1Malaysia,” he said.

Peter Minos, chairman of Bun Bratak Heritage Association, on the other hand believes that Marina is an Iban and Bumiputra, saying “this is universally the case, law or law or if the law is silent. Someone in the Ministry of Education is very wrong.”

Marina is a Dayak Iban, Minos said, and she should be given access to the best education. She is able and willing, like all the struggling Bidayuhs and Orang Ulu from the rural areas, to further her education.

“It is scandalous to deny a poor Dayak kid a good life through education,” he said.

The newly appointed Chairman of Parti Keadilan Rakyat Sarawak and a lawyer, Baru Bian said that all Sarawakian children should be given free education up to university level irrespective of their racial background.

“It is a shame for Sarawak with its wealth and abundant natural resources that children of low income earning families are deprived of education due to financial constraints,” he said, accusing the Barisan Nasional’s racist policies they profess are causes of increasing racial division in the country.

Deputy Dewan Rakyat Speaker, Wan Junaidi Tuanku Jaafar said that huge political and social-economic ramifications if the Bumiputra status of children in Sarawak, who are born to Bumiputra fathers and non-Bumiputra mothers, are not ratified.

These privileges included land purchases, holding Bumiputra shares in Amanh Saham Bumiputra (ASB) besides education, he said.

But Erang Ngang, Sarawak National Kenyah Association Vice chairman said: “Do not blame the Education Ministry’s officers for rejecting Marina’s application for university matriculation. It is the fault of the Federal Constitution.”

Erang who is married to a Chinese and his son who scored 8A1 and 1B in SPM 2003 was denied a scholarship for reasons which he suspected, is the same as Marina’s.

“The education officer who handled Marina’s application did nothing wrong as the definition of Bumiputra in Sarawak is very clear in the constitution. If this definition is not amended, children of mixed parentage will continue to suffer discrimination in terms of business, government jobs, promotions and other privileges reserved for Bumiputras alone,” he said.

Commenting on the Marina issue, former State Attorney General JC Fong highlighted three points: Firstly, that the Federal Laws are supreme and prevail over state laws. Secondly, the Sarawak Interpretation Ordinance defines the term ‘native’ the way as the Federal Constitution. And his third point, he said that it is possible to change both constitutions through proper procedure.

What are the solutions?

Many talk about amending both the Federal and the State Constitutions as the way to ensure that children born from Dayak fathers and non-native mothers be considered as natives or Bumiputra. This should be easy if there is a political will as both BN and Pakatan Rakyat will certainly support the move. Parliament needs a two-third majority to amend that part of the Constitution.

Salang said that he had written to Deputy Prime Minister Muhyiddin Yassin to recommend Article 161a of the Federal Constitution be amended, otherwise it may cause social and economic complications in the future.

“The time has come to amend Article 161a of the constitution. As society progressed and strived towards achieving the 1Malaysia concept, the issue of ‘Bumiputra’ and ‘non-Bumiputra’ should no longer arise in the future particularly in matters concerning educational opportunities and welfare assistance,” said Deputy Chief Minister George Chan.

Chan, who is also President of the Sarawak United People’s Party, said that if the country keeps on having these sorts of different directions, then our country cannot progress. As Malaysian citizens we must think like 1Malaysia.”

In Sarawak as revealed by Dr. Masing there exists a Cabinet Committee for endorsing Bumiputra status, and the committee which meets once a year and chaired by Chief Minister Abdul Taib Mahmud has so far approved hundreds of applications with the only criterion that one of the parents must be a native.

The committee gives final endorsement to the applications of those who applied to be natives. But the question is whether what the committee has done so far is in violation of the laws.

Another solution is through Native Court declaration. “We have done it before and many of my relatives who are coming from these mixed marriages have now become natives,” said Tajem.

“You apply to the Court to be declared a native,” he added.

He said: “Our problems today were the result of not properly looking into the contents of the Federal and State Constitutions by the British authorities when we first joined Sabah, Singapore and Malaya to form the Federation of Malaysia.

“Our Attorney General at that time was a British and he should have seen that our rights are properly protected and the word Dayak should be properly defined,” he said, pointing out that they could not blame Sarawak’s founding fathers for these “faults”.

“There is no clear definition as to who are Dayaks in Article 160 of the Federal Constitution. There are only words ‘Sea Dayak’ and ‘Land Dayak’. So whether Dayak part can be called Dayak and whether all natives can be defined as Dayaks?’ he asked.

“Dayak is a Bidayuh word means people, and so is the word Iban, a Kayan word, also meaning people,” he said.

The word ‘Iban’ was adopted in place of Sea Dayak during the 1957 Penghulu Conference.

Tajem said that the Federal and State Constitutions as well as the Sarawak Interpretation Ordinance need to be amended together, he said. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Adit and his clowns

KUCHING - Ngemah State Assemblyman Gabriel Adit, who has declared he is “no more supporting PKR” on Tuesday morning, met a handful of his supporters at a restaurant to discuss the possible line-up of protem committee of his proposed party.

But an inside source said that Adit is yet to come with the line-up.

“Every thing is hush-hush. Even the name of the party is yet to be known,” said the source, admitting that he himself was still in the dark.

“We are only told that we have some big guns behind the proposal to form the party,” he said.

Meanwhile, Adit was seen sitting together with Prime Minister Najib Tun Razak in Kuala Lumpur a few days ago, prompting speculation that Adit has the blessing of UMNO and Najib to form the party.

If Najib is indeed supporting Adit’s move, then the next State election is going to be very interesting, confusing and complicating for the State Barisan Nasional, said Granda Aing, a PKR leader.

He asked: “In the next State election, where does Adit’s party come in especially if he is pro-BN? Will Parti Rakyat Sarawak or Sarawak Progressive Democratic Party allow him to contest in Dayak-majority constituencies?

“Certainly no. Maybe his party can contest in Dayak seats controlled by SUPP,” he said.

Granda saw the end of Adit’s political career, adding that Adit’s immediate concern is to settle some of his personal problems that have bogged him down all this while.

Wishing him good luck, Granda said: “We are happy that he has left us. It is a blessing for us, otherwise he would be a burden to PKR,” said Granda.

Commenting on Adit’s move, a DAP leader and state Assemblyman for Batu Lintang, Voon Lee Shan, said that it is his democratic right to form a party, even though voters have expected a two-party system.

“Another party will make it more difficult to topple the State Government,” he said and added: “It seems that Opposition politicians nowadays are more interested to become party presidents which in turn give them the chief minister’s post if the opposition forms the next government.

“It seems that the chief minister’s post takes precedence over the wishes of the voters,” he lamented.

A PRS supreme council member, Joseph Allen said that if it is true that the Prime Minister is supporting Adit’s move to form a political party, then it seems that the Federal government wants to split the Dayaks further and enhance the interests of certain group.

“I hope the Dayaks will know which party to support,” he said, and expressed the hope that Adit’s party will have no impact on the Dayak community, because they know who Adit really is.

“He is being used as a clown in the political arena holding a picture of himself with the Prime Minister, hoping to get the attention of the spectators,” said Allen.

(This story first appeared in the Malaysian Mirror and has been updated for readers of The Broken Shield) – The Broken Shield

Source: www.thebrokenshield.blogspot.com

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)

Is Adit serious in forming a new party?

Gabriel Adit (pic above), State assemblyman for Ngemah and a leader of Sarawak PKR has been rumoured to be the leader of the rumoured formation of the new party, Pakatan Rakyat Malaysia, a supposedly a multi-racial party.

Many do not take him seriously judging by the conflicting statements he made to the Press in Sibu on Wednesday night during which he was to announce the protem office-bearers. Apparently he could not announce the names of the protem office-bearers when the response to the gathering was only a small group of 40 people. Here again, the majority of those present were his supporters from Ngemah.

He would have expected hundreds of people to come after he made telephone calls to many of his colleagues in PKR as well as to those ex-PBDS members who have remained partyless for the past five years or so. But these people either took him lightly or did not want to join him.

In his statement to The Borneo Post, he said the gathering in Sibu had nothing to do with the formation of PRM; it was to form a committee in preparation for the next state election.

To a question about his future in Keadilan, he said: “Today (Wednesday) I am still a PKR man. I don’t know about tomorrow. You will have to ask me again tomorrow.”

In The Eastern Times, Adit said: “When it is time, I will make the announcement. I will alert the Press.”

Some of those who are close to Adit say that he is leaving for Kuala Lumpur on 11 October presumably to hand over the application to form PRM to the Registrar of Societies and he should be back on 15 October and if every thing goes well to announce the formation of the new party.

He has even told a friend to ready a banner with the words “Welcome Adit, the PRM leader to Sarawak”.

Adit was said to have told a few close friends that the constitution and the logo of the party have been ready for some time. He said he has a “big” sponsor for the party, someone who is close to the corridors of power in Kuala Lumpur.

“Definitely, he is not Sng Chee Hua,” he said.

“This time it is not Sng Chee Hua. You believe me,” he assured his friends.

Many of his friends have been taken by surprise when Adit’s name was mentioned to be the leader of the new party. Because all this while, we have heard him bringing a “few thousands of my supporters” to join PKR and that he spoke among the loudest of all the PKR leaders in Sarawak. “Help PKR to get rid of Taib,” he often said. He is known to be an ardent member of PKR.

I am reminded of what my brother told me that we must be wary of those politicians who speak the loudest, the longest and the most critical, because they will be the ones who will become the first to become “political frogs”. My brother was referring to Johnichal Rayong, the SNAP state assemblyman for Engkilili when he was about to “jump frog” to SPDP in 2006.

I told my brother “cannot be, as he was the one who spoke the loudest, the longest and the most critical against Alfred Jabu at Kaki Wong in Betong before the State election.” So he replied: “We must be wary of those who speak the loudest, the longest and the most critical.” It seems that my brother has been proved right once again. (Sorry to digress a bit.)

But one may ask why is Adit making a 360-degree turn? I was told he met Anwar Ibrahim, the de facto leader of Parti Keadilan Rakyat recently. He was reported to have told Anwar that if Pakatan Rakyat were to topple the state government, then they have to need a large sum of money for each constituency.

“What large money, rupiah?” Anwar jokingly asked him. Anwar’s reply and how Anwar treated him all this while made him angry and said to a friend: “Ila asai, tetudok iya ila.”

Anwar does not see any leadership quality in Adit especially after an incident at the Crown Tower when he was drunk and came to the stage to utter very unpleasant words regarding remarks about 'drinking ribena'. PKR President Wan Azizah Wan Ismail was there. Daniel Tajem was the guest of honour. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Is Nyarok going to defend his seat?

Is Peter Nyarok (pic above) defending his deputy president’s post when Sarawak Progressive Democratic Party (SPDP) holds its elections in December this year?

This is the question being asked by many of his supporters and friends in view of his silence over speculations that he has offered to step down in order to make way for the Bintulu MP and treasurer general Tiong King Sing.

Even SPDP president William Mawan is unsure of Nyarok’s position; however he includes Nyarok in his line-up hoping that there will be no contests for the top posts.

Speculations have been rife among the members that Nyarok has negotiated with Tiong over the possibility of Tiong taking over the number two post as he wants to retire from politics.

It is learnt that the majority of the party’s supreme council and members are wary of Tiong’s intention to be the two of the party and thus they have held discussions to carry out “Plan B” whereby they want to challenge Tiong, and if need be Mawan’s leadership should he take Tiong as his running mate.

Of course Mawan is hoping that every thing will remain status quo. But Nyarok’s silence seems to confirm the rumours of his stepping down and this will inevitably open the way for the top posts to be contested.

Dr. Tiki Lafe, vice president of the party has already talked about the new line-up, when he said: “There is likelihood that even the top posts will be challenged including his own vice-president post. We are talking of a Plan B now and a new line-up.”

“What some of the us fear is that if Tiong becomes the number two, it will be a matter of time before he takes over the leadership of the party. If this happens, then there are bound to be troubles in the party,” said another member of the supreme council who requested not to be quoted in view of the sensitivity of the issue.

Several reasons they do not want Tiong to be the number two. Firstly, they see Tiong as the stumbling block for Dayak unity through merger between SPDP and Parti Rakyat Sarawak (PRS). The merger talks have been initiated five years ago and nothing concrete has come out of the proposal. Tiong has been known to be not in favour of the merger.

Secondly, they see Tiong and his company Kuala Dimensi Sdn Bhd are allegedly involved in the PKFZ scandal. The latest news about the scandal is that KDSB account to the tune of RM140 million has been frozen pending investigations into the case. The SPDP supreme council members fear that if any thing happens to Tiong, they do not want the party to be dragged along.

Another reason, and the most important one, is that they do not want Sarawak National Party’s history to be repeated. SNAP was saddled with crisis after crisis since James Wong took over the leadership of the party beginning in 1981. During his presidency, Dayaks’ interests and voices were suppressed.

He treated the party as his own company and did not tolerate any criticism; anyone who disagreed with him was expelled from the party. Daniel Tajem, the late Joseph Samuel and Patau Rubis were among victims of Wong’s dictatorial rule in the party. And even Tiong was a victim in the 2002 crisis which led to split in SNAP and resulted in the formation of SPDP in November 2002.

Some of the current SPDP’s supreme council members had bitter experiences in SNAP and they do not want the same thing happens to SPDP.

One among them is Nyarok, the retired school teacher, who came into prominence when he played a leading role together with Mawan and seven others in the 2002 SNAP crisis in which they disagreed with the SNAP president’s expulsion of Tiong from the party. Their disagreement led to them leaving the party and forming SPDP.

Upon the formation of SPDP, Tiong was given the post of treasurer general, while Nyarok upon the death of Peter Tinggom one year or so later was elevated to the post of deputy president.

“It is in this light that we oppose Tiong taking over as deputy president of the party and we will oppose him by challenging him,” said a SPDP leader who also refused to be identified.

“Moreover, Tiong has become too powerful in the party and has antagonized many supreme council members,” he said, adding that Tiong has been treating them with little respect.

According to him, Tiong rebuked them during last month’s supreme council meeting. He said: “Abis kami ditelanjai ka iya”. (Literally it means Tiong completely stripped them off).

Although Tiong’s outbursts did not go down well with some members of the council, they refused however to argue with him. Instead they preferred to keep silence, but his outbursts caused some fears and worry among them.

As they want to fight Tiong at all costs, many are worried about the consequences and Mawan must realise that four or five of SPDP’s State assemblymen are known to be leaning towards Parti Bumiputra Bersatu (PBB), the backbone of the State government, which was responsible for their candidacies.

As claimed by a leader who is one of the initiators of “Plan B”, most of the elected representatives are in the second list.

“It all depends on Mawan. He must make a choice. Either he supports Tiong or supports Dayak unity. If he is supportive of Tiong, then he will be challenged,” said a senior member of the party.

Meanwhile, Party Rakyat Sarawak (PRS) which will hold its delegates conference later is watching with great interest what is happening in SPDP especially in respect of Tiong’s possible election as his party’s deputy president.

“If that happens, we know that the proposed merger between the two parties will not take place in the immediate future as we know that Tiong is against the merger,” said Tedewin Ngumbang, a member of PRS supreme council. - The Broken Shield

(Note the article was first published by the Malaysian Mirror and has been rewritten to suit the readers of The Broken Shield).

TYT’s NCR land is not spared

It is not only the Dayaks’ NCR lands that have been leased to companies, but native customary right land belonging to our present beloved Governor (TYT) has also been leased to a company for prawn farming, said Baru Bian (pic below), a prominent NCR land lawyer.

“It is not only the Dayaks NCR lands are affected; in fact all the natives of Sarawak NCR lands are affected.

“I wish to state that even a NCR land belonging to our present beloved Governor was affected by the issuance of a Provisional Lease to a company for prawn farming, as revealed in one of the cases I handled, a decision, which is still pending in the High Court at Kuching, Sarawak,” he said in a statement.

“Such is the unbridled power of the present State BN Government of which these Dayak leaders are proudly part of. If the top civil servant’s NCR land can be affected, none of the ordinary Sarawakians NCR lands is protected and safe from such an abuse of power today.

Picture Credit: http://www.malaysianmirror.com

“How I hope that these Dayak leaders spent more of their political energies addressing pertinent issue like the deprivation and encroachment of NCR over land rather than a political rhetoric,” he said when commenting on remarks made by PAS president Abdul Hadi Awang.

Hadi was reported to have said that the voters of Batang Ai did not know how to vote as they were still wearing loin clothes.

Bian who is a PKR leader in Sarawak said: “Some Dayak leaders who appear to have been angered and offended by such disparaging remarks should equally, if not be more moved with fervour and zeal in defending a more fundamental issue or rights affecting our Dayak community today, that is, the deprivation and encroachment of Dayak NCR lands and forests all over Sarawak by various companies.”

“This is more pertinent and crucial issue as the deprivation and encroachment of NCR lands threatens the very life and our existence as Dayaks and other natives of Sarawak, as land and the forests are the very source of their livelihood.

“To this day, none of the present Dayak leaders in the State BN Government dares to speak out on this very issue. Instead they have been found to echo the voices of their political master, Chief Minister Abdul Taib Mahmud that the State Government does not grab or take any NCR lands belonging to the natives of Sarawak.

“I respectfully ask these so-called Dayak leaders to go to the ground and see for themselves how hectares and hectares of NCR lands had been given out to big investors and companies for oil palm plantations, tree plantations, timber licences, quarry licences and replanting licences from Lundu to Lawas,” he said.- The Broken Shield

Source: www.thebrokenshield.blogspot.com

Blame Masing for Hadi’s remarks

A Sarawak PKR leader and former Sri Aman Member of Parliament Jimmy Donald has put the blame squarely on Parti Rakyat Sarawak (PRS) president James Masing for remarks alleged to have been said by PAS president Abdul Hadi Awang.

Hadi was reported to have said that Pakatan Rakyat lost the Batang Ai by-election on 7 April this year because the voters did not know how to vote as they were still wearing loin clothes (cawat).

“In all previous by-elections the results were favouring Pakatan. Only in Batang Ai we lost because the voters did not know how to vote as they are still wearing loin clothes,” Hadi had said on the run-up to Manek Urai by-election recently.

Donald, who was ex-colleague of Masing in PRS said: “I would like to put the blame squarely on Masing who was once the state minister of tourism. He spent time and money travelling overseas promoting Sarawak by showing Lemanak Ibans wearing loin clothes in order to attract tourists to the state.

“In my visits to European countries, I saw with my own eyes photographs of Ibans wearing loin clothes appeared in their televisions.

“If you are using Iban culture as tourist attractions, who is to be blamed?” he asked and pointed out that Hadi’s remarks could be traced back to Masing who used the Iban wearing loin clothes as a tourist attraction.

Stressing that he did not condone any insults on any community by anybody, Donald said: “To me this is a small issue, but Masing used it to hide bigger issues where Dayaks have been short-changed.

“As a minister of land development, Masing should ensure that NCR lands are not taken away from the owners. These are the bigger issues that affect the lives and the livelihood of the Dayaks,” he said and hoped that one day he would not look back in later years blaming other people for the loss of NCR land.

He also questioned why Masing had not taken any action against his deputy Joseph Entulu who wanted to obliterate the word ‘Dayak’ as it implied the Dayaks were uncivilized, uncouth and low class.

“All these issues are much bigger than issue of Iban wearing loin clothes,” he added.

Meanwhile, there appears to be a concerted effort by the State BN particularly PRS to arouse anti-PAS feelings among the Dayaks in Sarawak as pro-BN newspapers keep on highlighting comments from Dayak leaders and politicians on remarks made by PAS president Abdul Hadi Awang.

Just as Teoh Beng Hock’s death has been an issue by the Pakatan Rakyat against the government in the peninsula, Hadi’s remarks have been capitalized by BN especially PRS to arouse anti-PAS feelings among the Dayaks.

Since Hadi’s remarks were made public by Masing last Friday, one by one of the Dayak politicians came out to condemn Hadi and demand he apologise to the Dayak people especially Ibans.

Masing felt that such remarks reeked of PAS’ especially Hadi’s ignorance and arrogance, pointing out that his comments meant that the Batang Ai voters, the majority of whom are Ibans, were uncivilized.

“Such comments can stir racial tension in the country,” he said and added: “Calling Dayak voters uncivilized are uncalled for. It shows just how ignorant PAS is of the situation in Batang Ai. It is ignorant about the fact that the people there are well-educated and civilized.”

Masing advised Hadi to go to the longhouses and see the situation himself.

Malcolm Mussen who won the Batang Ai by-election on 7 April 2009 said that Hadi’s remarks were an insult not only to the Ibans, but Sarawakians as a whole.

PBB Deputy President Alfred Jabu who has returned to work after more than two months of sick-leave joined other Dayak leaders in condemning Hadi and accused him of being an “armchair” politician who did not know what was happening on the ground.

His remarks were not only damaging, but derogatory also to the people of Lubok Antu, added Jabu who said that any sensible person would apologise because such remarks were untrue and if he did not apologise, then the people knew what kind of a person he was.

Jabu said that if anyone was to go to Batang Ai, one would find every body there wearing normal clothes and that they would only wear their traditional attires during festive occasions.

Another PRS leader Mong Dagang labeled Hadi as a typical narrow-minded politician who should resign as PAS president who was not interested in other parts of Malaysia, except his own kampung.

PRS women chief Doris Brodie said that Pakatan Rakyat should forget about making any headway in Dayak majority constituencies, its leaders continued to talk like Hadi.

“They can forget about making their existence in Sarawak especially in Dayak majority constituencies as they are not ethnic-sensitive. On top of that, such remarks can stir racial tension,” she said.

Hadi’s remarks are sure to be used by BN leaders as an effective tool to frighten Dayaks from supporting Pakatan come the next election.

In fact the state BN had already used Hadi’s remarks to warn voters in the rural areas not to support the opposition. – The Broken Shield