Plant oil palm in your own land, owners advised

Sarawak Native Land Owners Network has warned NCR landowners not to allow their land to be developed through Land Custody and Development Authority.

Nicholas Mujah who sits as an adviser of the board of Sarawak Native Land Owners Network said that land owners have bitter experience in dealing with LCDA.

“All the disputed cases between the natives and LCDA are due to the fact that LCDA is not transparent in its policies.

“Let us look at all the court cases pending in the High Court which have been triggered by the LCDA’s lack of transparency policies,” he said, giving an example of land owners in Kanowit who are forced to take legal action against LCDA, which they alleged, has failed to protect their interests.

Although LCDA promised to pay dividends to the scheme participants in Kanowit after four years or so of operations, the natives until now have not been paid any dividend by the company that was developing their land more than 10 years ago.

“There are more cases of this nature coming up in the Court in the next few months” he said.

Mujah, who is Secretary General of Sarawak Dayak Iban Association (SADIA), was commenting on Taib’s statement regarding government’s intention to introduce a new land development scheme in order to enable the natives to earn bigger incomes through the development of their NCR land.

Taib had said that among the ideas being mulled was to create estate share exchange which would be handled by LCDA and with this kind of scheme to be implemented within the next 10 years, the people in the rural areas would feel reasonably comfortable with their earnings.

Mujah suggested that it is better for the land owners to develop or plant their own land with oil palm as they would gain much better profits than through a joint-venture with LCDA or even Salcra.

Most land owners receive between RM300 and RM1,000 per year in JV with companies and LCDA (Pelita) where as if they plant oil palm on their own land, they will earn at least RM1,000 a month or about RM12,000 a year.

He said there are examples of smallholders who are very successful in their undertakings such as David Kalom, Cobbold John, Tuai Rumah Masa and Jawah Gerang to name a few.

According to Mujah, each one of them earned between RM10,000 and RM20,000 a month.

He also advised land owners to seek advice from those who have been successful as well as from the Malaysian Oil Palm Board. - 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

The PKR pledge on NCR Land

A Sarawak PKR leader has warned the Bidayuhs that the land on which they are standing now may be taken away from them.

“Be careful if anyone takes away your land, you will have no more land on which you stand,” said Baru Bian, a member of PKR political bureau at a dinner last night at a Bidayuh village in Bau.

"Like Lun Bawang which means natives of the country, Bidayuh as he is given to understand means someone standing on the land. But one day, Bidayuhs will have no more land on which they can stand as their land may be taken away. They will stand on the air” said Baru who is a Lun Bawang from Lawas.

He said that land especially the NCR land issue is a very hot issue now as the government is leasing them to giant companies for the planting of oil palm. And as a lawyer, he said he is currently handling more than 100 court cases against the government.

Altogether there are more than 200 cases pending in the High Court, he said.

“So we have to be very careful, as there are companies which want to take away our land. Even the governor’s NCR land is being taken,” he said, adding: “Land is our life. Without land we will die.”

Baru said that PKR had now made its own land policy when it took over the administration of the State government.

“First, we will survey all NCR lands and declare them as NCR land reserves. This is to be done along the line the Malay Land Reserves are being done in the Peninsula. No non-natives can buy or deal with them.

“Secondly, any NCR land owner wants his land to be surveyed and given title, the PKR government will comply with his request. This is being done in the States under the administration of the Pakatan Government,” Baru said.

He said in Sarawak the State government refused to survey NCR land saying the government had no money.

“That is not the reason. The reason is that government fears that once NCR lands are being surveyed, the whole of Sarawak will be under the NCR land,” Baru said.

He called on Bidayuhs to work together with PKR to see a new dawn is coming to Sarawak.

The dinner which was attended by 2,000 Bidayuhs from the three parliamentary constituencies of Mas Gading, Mambong and Serian was organised to welcome the visit of Anwar Ibrahim to Bau.

Datuk Sri Daniel Tajem, the former president of the defunct Parti Bansa Dayak Sarawak was also invited to the dinner where he met Anwar who called him “Chief” and Chua Jui Meng who described Tajem as the “greatest”. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

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

S'wak land owners resist joint-venture 'land grab' ~ Malaysiakini

Source: http://www.malaysiakini.com/news/108602


Native Customary Rights (NCR) landowners from some 60 longhouses in the Lower Julau and Upper Bintangor areas in the Sarikei Division have registered their strongest yet objection against the inclusion of their plots as part of an oil palm plantation joint project by the Land Custody and Development Authority (LCDA) and Sime Darby Plantations.

In a statement emailed to Malaysiakini, TAHABAS (Jaringan Tanah Hak Bangsa Asal Sarawak) or Sarawak NCR landowners network secretary Nyumbang Anak Barau said that the landowners who attended a dialogue session on July 9 had told LCDA and Sime Darby Plantations to exclude their land.

However, despite their protest, a memorandum of understanding (MOU) was signed between Sime Darby plantations and the LCDA to develop 20,000 hectares of NCR land.

The landowners from 109 longhouses were represented by the LCDA.

Sarawak's land development minister James Masing witnessed the signing of the agreement.

Nyumbang said: "I wish to reiterate our stand as the affected landowners that we are against the implementation of this NCR land development policy in our areas, where LCDA and Sime Darby respectively own 10 percent and 60 percent shares in a joint-venture company (JVC).

He said that the remaining 30 percent is supposed to be "owned by us, the landowners who have not agreed to this policy".

Major points of discontent

"We are not against NCR land developments through oil palm schemes per se, but we cannot accept this particular land development policy," he said and outlined the main points of disagreement.

He said: "We are not confident that LCDA can competently and impartially protect our rights in the JVC. We see LCDA has vested interests, and the mechanisms to be employed are not convincing enough to protect our rights;

Secondly, he said, the LCDA is being given an equivalent of "dictatorial power which is too strong for our liking, while our rights are unfairly and vastly diminished."

Thirdly, they do not trust LCDA, and “we are against LCDA becoming our Trustee. LCDA's records as known by us have failed to dispel our fear of not receiving fair bonuses and dividends later."

He said that so-called 30 percent share that is offered to may not eradicate poverty but "we may even become poorer by losing our lands forever after signing the trust deed".

Nyumbang said the current policy does not satisfactorily provide a guarantee to return those lands to their heirs upon the expiry of the joint venture after 60 years.

"This fear is genuine and not unfounded. And this is reflected by over 200 cases in our courts involving NCR lands. With such numbers, why are we not to worry?" he asked.

"Incidentally, the people from over 60 longhouses living in Lower Julau and Upper Bintangor and those along Kanowit-Julau-Durin road formed an action committee in 2007 to counteract an earlier attempt to extract timber on these same lands by a company issued with a provisional lease by the government," he said.

Loss of land

Nyumbang said that in the event that the joint-venture company fails to settle its debts by a certain period, the land owners will then be forced to use their land as collaterals.

"We could lose our land," he said and that working as a labourer earning a rate of RM15 per day or RM330 per month is hardly sufficient. It is well below the poverty line."

He said due to the absence of land titles, some of the idle NCR lands may not seem to offer them much profit. But they are a source of unpolluted vegetables, meat and fish in addition to giving them priceless building materials and other jungle produce.

"Moreover by safe-keeping these lands temporarily, we can therefore hope that one day our next generation with better education and means will be able to develop them better," he said.

Can Ibans play smart politics?

For the past 46 years of our so-called independence, the story is the same in all the 19 Iban majority state constituencies: complaints of no basic amenities like clean water, electricity, road and clinic not to mention major projects that can generate incomes and thereby uplifting their living standards. Instead their NCR lands are forcibly taken away from them and leased to big plantation companies.

And yet in every election, the Iban voters continue to vote for the “dacing” symbol after the BN has promised them all these, knowing that the same promises have been made over and over and again and again.

The famous quote by US President Abraham Lincoln that “you can fool some of the people all the time, and all the people some of the time, but you cannot fool all the people all the time” cannot apply to the Iban voters. It appears that “all the Ibans can be fooled all the time” by BN and worst still through Iban representatives.

After each election, the BN government has forgotten them. No doubt one or two of our elected YBs did ask for funds for projects in their respect constituencies, but they are not forceful enough. Many a time their requests are ignored. In other words, the government does not really respect them because they are weak, fragmented and found in every political party. If Abdul Taib Mahmud or even Awang Tengah were to be an elected representative in the Iban constituency, that constituency would have certainly undergone tremendous development and progress.

For now, even if you are shouting at the top of your lungs, nothing will come out; nobody will listen. State assemblyman for Meluan Wong Judat’s speech during the recent Council Negeri meeting clearly shows the disrespect the BN has on the people.

He said: “The Rakyat in my constituency are thinking that the government only knows how to make promises come election time to fish for votes.” And what made him say such statement like an Opposition elected representative was the delay in the construction of the long-awaited Nanga Entabai-Rantau Limau ulu road and the 29km Pakan-Engkamop road had not been tar-sealed for a long time.

It was not just the roads, but also the construction of suspension bridges across Kanowit river (from Julau town to a Chinese settlement and another suspension bridge to SK Nanga Luan).These had not been implemented although the cost had been determined at RM1.8 million.

He said he had raised the issue with the relevant authorities numerous times and each time he asked the ministry concerned, the reply was that funding from the federal government was insufficient.

“We the people of Meluan have waited a very long time, our patience is running low. The projects have been proposed since the seventh five-year Malaysia Plan and it was brought forward to the eighth Malaysia Plan and then to the ninth Malaysia Plan. Now the ministry could bring it again to the tenth Malaysia Plan.

“I want to know in which Malaysia Plan can the government have enough allocation to finance these projects considering they have been proposed a long time ago (more than 15 years). I do not want my people think that the government is only making promises during election,” he said.

Wong who is Sarawak Progressive Democratic Party supreme council member also spoke of the people’s dilemma in 30 longhouses, individual houses, three primary schools and Nanga Entabai clinic which are in dire need of clean water and electricity supply.

Likewise, the Kapit MP Alexander Nanta Linggi has bemoaned the absence of funds for the construction of Kapit-Sibu trunk road. Nanta’s grandfather, Tun Temenggong Jugah made the call more than 40 years ago, and the call was echoed by his father, the two-term MP for Kapit and it was repeated by the former MP for Kapit James Jimbun. Now Nanta is the fourth generation of MP for Kapit and hs been making numerous requests for funds for the Kapit-Sibu trunk road. Until now the requests have fallen on deaf ears.

So what are the solutions in order that our YBs can be an effective voice of the people? Could form a new political party specifically catering for Iban interests of any help? Or better still if SPDP, PRS, SNAP and Pesaka can form a merger called Iban National Front?

Never mind about the comments against it, but just imagine the impact if our elected 19 state representatives can come together – segulai-sejalai-sepenemu - under one political banner from Balai Ringin, to Bukit Begunan, Engkilili, Batang Ai, Layar, Bukit Saban, Krian, Pakan, Meluan, Machan, Ngemah, Ketibas, Baleh, Pelagus, Tamin, Kakus, Sebauh, Marudi, and Batu Danau and 11 Iban MPs.

This is not a racialist move, but rather that we take care and put our own house in order first before thinking of others. Let charity begin at home.

We do not aim to put our man as chief minister; neither do we want to frighten other communities. Whoever is the chief minister be he Malay, Chinese or Bidayuh or Orang Ulu as long as long as he respects our rights of existence, respect our NCR land, be fair in terms of distributing development, business opportunities, in education, and so on, we will support him.

Certainly with the 19 elected representatives and 11 MPs our voice is not only strong, but they (the government be it BN or PR) cannot simply ignore us. In other words, we will play the role of “king maker”. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

100 families against DD Plantations developing their land

A 64-year old grandmother, Daha Ak Penghulu Nunsang has been having sleepless nights since 29 April 2009, the day when DD plantations and Pelita holding announced that they had signed agreement with 94 longhouse chiefs to develop some 9,629 hectares of land in the Kpg. Samalatong/Kpg. Isu/Kpg. Kepayang area.

The wife of the late school teacher Adun anak Buang, Daha is not the only one worried, as there are over 100 families from six longhouses having the same worry – that their lands have been signed away by a few community leaders to DD plantations for the planting of oil palm without their knowledge and agreement.

What makes Daha very angry is that Temenggong Anthony Ngipa, the leader who signs the people’s land with DD plantations is her brother-in-law, who is married to her younger sister.

It is understood Daha confronted Temenggong Anthony and asked him why did he want to “sell” their land to DD Plantations? She asked him to go back to his own village at Sebangan and not to speak on their behalf regarding their land.

“You have no right to sell our land,” she was reported to have told him in front of so many people.

There are five or six persons believed to be involved in this scheme whose real aim is targeting the communal forests behind the longhouses. These communal forests are part of the NCR land as decided by the Federal Court. Any one taking away these communal forests is committing a serious offence against the interests of the natives.

Colluding with Temenggong Anthony are Tuai Sebeli of Kpg. Sibau Rumbau, Tuai Rumah Najib of Kpg. Samalatong (Melayu), Pemanca Muit and Tuai Rumah Uja, both of Kpg. Kepayang.

They are not only PBB members, but the “kaki” (side kicks) of YB Naroden, the state assemblyman for Simunjan who is allegedly owned DD Plantations together with a Chinaman from Sebauh, Bintulu. Naroden is known in Simunjan as the local “oil palm king” owning several companies to plant some 50,000 acres of land, the bulk of which is NCR land.

Temenggong Anthony, a retired teacher, is ardent supporter of Naroden who appointed him as a councillor for Simunjan and when a vacancy existed for a Penghulu, he was also appointed a penghulu at the same time. After three years or so as a Penghulu, he is now promoted to be the Temenggong.

Daha has approached a lawyer to write to Pelita and DD Plantations that she did not want her land in 10 places totaling some 100 acres to be developed by them, and if they persisted of getting her land she would sue them in court. The strongly worded letter was copied to her brother-in-law.

Meanwhile, six Tuai Rumah (longhouse chiefs) had sent a joint letter to the minister of land development, Dr. James Masing and the chairman of the NCR land development task force, Alfred Jabu ak Numpang, saying that they did not want their land to be developed by DD Plantations and Pelita.

A copy of the letter was sent to SALCRA general manager, Vasco Sabat Singkang inviting him to have a dialogue with them in order to open their land for oil palm cultivation.

The six Tuai Rumahs represent some 100 families owning some 2,000 hectares of NCR land. There are other longhouse folks from Keniong, Sangkalan, Munggu Ai, Gayau and Kepayang who refuse to surrender their land to DD Plantations.

All these longhouse chiefs are watching the DD Plantations and Pelita closely before making further moves including holding demonstrations and bringing them to court. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Najib's assurance on NCR land 'too little, too late' ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/106904

Sarawak’s leading NCR lawyer Baru Bian has described Prime Minister Najib Tun Razak’s assurance that the Sarawak Barisan Nasional government will not take away NCR land from the Ibans as coming “too little and too late”.

“The fact and the truth is that the people’s land, in particular the native customary rights land have already been taken, grabbed and snatched under the BN government," he said in a press statement to Malaysiakini today.

A local English daily The Borneo Post quoted the prime minister as saying in its front page report on June 19 that the BN government will not take away the native customary landsof the natives of Sarawak.

The prime minister was also quoted as urging the people to “... have confidence in the Barisan Nasional government. We have no intention of grabbing anybody’s land. The Ibans should not worry. The BN government will not snatch your property.”

Baru, who is also a member of PKR political bureau and supreme council, said that the fact that Najib had to make the statement shows that the people, in particular the natives, are complaining that their NCR lands had been taken away summarily all these years.

He added: “The fact that my legal firm is handling over one hundred cases of NCR - related cases show proof that NCR land have been taken, grabbed and snatched all these years, under the BN government, headed by the present Chief Minister Abdul Taib Mahmud.”

Baru said despite the landmark decision in the case of Nor Anak Nyawai which was affirmed by Madeli Salleh’s case in the Federal Court, the present state BN government of Sarawak refused to accept the said court’s decision that NCR land includes not only “temuda” (secondary forest) but it extends to their “Pemakai menua” (territorial domain) and “Pulau” (reserved or preserved virgin forests).


Return NCR land to the people

“This refusal to accept the court’s decision is reflected in the state Attorney-General’s chambers’ defences representing the state government, in the cases now pending hearing in the various High Courts throughout the state of Sarawak," he pointed out.

He urged the prime minister to order, instruct and/or at least advise the present Sarawak BN government through the chief minister to return to the people all the NCR land that had been “taken, grabbed and snatched” summarily all these years by revoking timber licences, provisional leases and replanting permit or other licences that includes and/or encroaches onto NCR lands.

Secondly, order that an independent Land Commission of Inquiry be set up to investigate all these violation of claims of NCR lands in Sarawak, including the abuses by the police force of complainants relating to NCR disputes with companies, to show to the people of Sarawak, and Malaysian at large that the prime minister walks the talk.

Baru said this Land Commission of Inquiry should also look into all the hundred over cases now pending in the High Courts in Sarawak, thus helping in the backlog of cases in the High Court.

“If the above proposal is not done within one month from today, I am afraid these statements are mere political gimmicks just to mislead the people, in particular the natives of Sarawak that this BN government is now concerned with their affairs and problems", he said, adding that these are but signs of the impending state general election now looming in the horizon.

It was also reported that “the prime minister said from his discussions with the chief minister, he was convinced that the state’s model of native customary rights land development would ensure a better future for the Dayaks, particularly the Ibans”.

The Orang Ulu NCR lawyer said the state’s model of native customary rights land development referred to is the “new way” of developing NCR land popularly referred to as “The New Concept” or “Konsep Baru” - the idea of the present chief minister.


No confidence in 'Konsep Baru'

Under this “Konsep Baru”, the landowners would have 30 per cent shares equity, the developer 60 per cent and the state government 10 per cent.

“I am sad to say that the very first project launched in Kanowit based on this concept is a total failure. After 10 years of its launching, the developer is still unsure whether they can break-even in the years ahead thus causing much anxiety and trepidation to the natives who were lured into participating in this project years ago.”

He had been instructed by some of these natives to take legal action against the state government to protect the natives’ right over their NCR lands, as they have no confidence in this so called “Konsep Baru”.

“I dare say in the light of my knowledge of these issues, the statements made by the prime minister are mere political rhetoric, unless and until we can see in one month’s time, my suggestion referred above are implemented; i.e. the return of NCR lands that had already been taken away and the setting up of a Land Commission of Inquiry to investigate these complaints of violation of NCR land in Sarawak.”

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PRESS STATEMENT

It was reported as front page news in the Borneo Post on the 19th June 2009 that the BN Government will not take away the native customary lands of the natives. The PM was quoted to urge the people to “...have confident in Barisan Nasional (BN) government. We have no intention of grabbing anybody’s land. The Ibans should not worry. The BN government will not snatch your property.”

In reply I wish to say that this assurance if true, come too little too late. The fact and the truth is that the people’s land, in particular, the natives’ customary lands had already been taken, grabbed and snatched under the BN government. The fact that the PM made this statement today shows that the people in particular the natives are complaining that their NCR lands had been taken away summarily all these years.

The fact that my legal firm is handling over one hundred cases of NCR related cases show proofs that NCR lands had been taken, grabbed and snatched all these years, under the BN government, headed by the present CM Pehin Sri Abdul Taib Mahmud. Despite the landmark decision in the landmark case of Nor Anak Nyawai which was affirmed by Madeli Salleh’s case in the Federal Court, (the highest court in Malaysia), the present State BN Government of Sarawak refused to accept the said Court’s decision that NCR Land includes not only “temuda” (secondary forest) but it extends to their “Pemakai menua” (territorial domain) and “Pulau” (reserved or preserved virgin forests). This refusal to accept the Court’s decision is reflected in the State Attorney-General’s Chambers’ defences representing the State Government, in these cases now pending hearing in the various High Courts through out the State of Sarawak.

I therefore urge the Honourable Prime Minister, to order, instruct and/or at least advise the present BN State Government through the CM Pehin Sri Abdul Taib Mahmud to return to the people all the NCR lands that had been “taken, grabbed and snatched” summarily all these years by revoking timber licences, provisional leases and replanting permit or other licences that includes and/or encroaches onto NCR lands. Secondly, order that an independent Land Commission of Inquiry be set up to investigate all these violation of claims of NCR lands in Sarawak including the abuses by the police force of complainants relating to NCR disputes with companies, to show to the people of Sarawak, and Malaysian at large that this PM walks his talk. This Land Commission of Inquiry should also look into all the hundred over cases now pending in the High Courts in Sarawak, thus helping in the backlog of cases in the High Court. If the above proposal is not done within 1 month from today, I am afraid these statements are mere political gimmicks just to mislead the people in particular the Natives of Sarawak that this BN Government is now concerned with their affairs and problems. I believe these are but signs of the impending State General Election now looming in the horizon.

Lastly, it was also reported that “The Prime Minister said from his discussions with Chief Minister Pehin Sri Abdul Taib Mahmud he was convinced that the State’s model of native customary rights land development would ensure a better future for the Dayaks, particularly the Ibans.”

I believe that the State’s model of native customary rights land development referred is the “new way” of developing NCR Land popularly referred to as “The New Concept” or “Konsep Baru” the ‘brain-child’ of the present CM. Under this ‘Konsep Baru’, the landowners would have 30% shares equity, the developer 60% and the State Government 10%. I am sad to say that the very first project launched in Kanowit based on this concept is a total failure. After 10 years of its launching, the developer is still unsure whether they can break-even in the years ahead thus causing much anxiety and trepidation to the natives who were lured in participating in this project years ago. I have been instructed by some of these natives to take legal action against the State Government to protect the natives’ right over their NCR lands, as they have no confidence in this so called “Konsep Baru” or as the PM said the “State’s model of native customary rights land development” referred in the news report.

I dare say in the light of my knowledge of these issues, the statements made by the Honourable PM are mere political rhetoric, unless and until we can see in one (1) month time, my suggestion referred above are implemented; i.e. the return of NCR lands that had already been taken away and the setting up of a Land Commission of Inquiry to investigate these complaints of violation of NCR over lands in Sarawak.

So Honourable PM, prove to us natives of Sarawak, that you walk your talk in these matters!

Dated this 20th June 2009

MR. BARU BIAN

NCR LAWYER CUM PKR POLITICAL BUREAU & SUPREME COUNCIL MEMBER

PM not told the truth about NCR ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/106788

The Sarawak government has been accused of deliberately misinforming the prime minister on the row over native customary rights (NCR) in the state.

“I am sure the prime minister has been ill-informed on the true situation of NCR land issues,” said Sarawak National Party’s Stanley Jugol in responding to a statement made by Najib Abdul Razak on the issue.

Najib, who was on a two-day visit to Sarawak, had assured the Ibans in Lubok Antu that the government would not snatch their land away.

“We have no intention of grabbing anybody’s land. The Ibans should not worry. The BN government will not take away your property,” he had told a huge gathering in Nanga San, Lubok Antu, about 250km from state capital Kuching.

“We want to ensure the future of the Ibans and we will solve the land problem that I know you are concerned about. You can have confidence on the BN government.”

However, Stanley pointed out that there are currently hundreds of disputes over NCR land before the courts.

“What will happen to the NCR land that has been taken away from the natives? The proof of this is the fact that there are more than 200 cases of NCR land filed by the natives against the government and companies. These cases are pending hearing.”

“I am sure the state government leaders are not telling the truth when they briefed the prime minister,” he said.

Native customary rights to land in Sarawak is a system of land tenure based on ‘adat’ (native customary laws), allowing the natives the right to cultivate the land and to benefit from the produce of the jungle, including hunting and fishing.


Stringent opposition to state’s NCR model

Under a government scheme, more than one million hectares of land - the bulk of which is NCR land - have been leased to companies for 60 years for the planting of oil palm.

Najib said that from his discussions with Chief Minister Abdul Taib Mahmud, he was convinced that the state’s NCR model would bring development to the Dayaks, particularly the Ibans.

But what Najib was not told was that there has been stringent opposition from the natives to the NCR land development promoted by the state government.

Under that scheme, only 30 percent of the equity is given to landowners, while state government-linked company Pelita Holdings has 10 percent, and the lion share, 60 percent, goes to investors.

Moreover, although the landowners hold 30 percent, they are in the dark about the management of the plantations as they are not included in the decision-making of the company.

“The Ibans are against this concept,” said Stanley.

Dayaks in S'wak BN 'should join PKR' ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/106472

Sarawak PKR leader Augustine Liom wants Dayaks in Barisan Nasional (BN) to join Pakatan Rakyat to change the state government, so that native customary rights (NCR) to land can be protected.

“It is a matter of urgency that we put into power a government that is kind to us and which is protective of our rights especially land rights and the rights to property as guaranteed in the federal constitution,” he said.

“Any support to the BN and its component parties means only a support to maintain a status quo. We get nowhere. A handful of seats to Sarawak Progressive Democratic Party, a handful seats for Parti Rakyat Sarawak and a handful of seats to Parti Bumiputra Bersatu and Sarawak United People’s Party. That is all.

“We continue to be split, divided, ruled and manipulated and to gradually lose our lands. So we have no choice but to go for a radical or revolutionary change in our political approach.”

Liom, a former judge, was recently appointed to head the land and human rights bureau of the state PKR. He was speaking at a Gawai Dayak dinner organised by the PKR women’s wing in Kuching.

“Our Dayak friends in BN ought to now join us to make this happen to change the state government. Otherwise posterity will not judge then too kindly [...]

“Do not be overwhelmed by your comfort of office that you forget where you have come from. I say ‘comfort of office’. I don’t say ‘comfort of power’ because we know that they do not have that much power.

“Real and meaningful power is in the exclusive domain of chief minister and his handful of inner circle of confidantes. They will not be so kind as to share that power.”

Liom said the results of the March 2008 parliamentary elections have led Sarawakians to realise the political reality.

“The Dayaks now need a national party as their political vehicle. Sarawak National Party is nominally alive. Parti Bansa Dayak Sarawak is dead and gone. Malaysian Dayak Congress has not seen the light of the day.

“What we need is a political vehicle, that is PKR, and we need Malays like Anwar Ibrahim (right) to champion the Dayak cause, not Malays who will divide us or who will rob us of our NCR land.

“We place our trust in PKR and Anwar to champion the Dayak cause. This is a stark political reality we have to come to accept and to live with. There is now no alternative to that.”


‘Daylight robbery’

Liom said BN leaders have denied that the state government had robbed the people of their NCR to land.

“But when longhouse folks wake up one day to find tractors ploughing through their rubber or fruit trees on land they have toiled for generations and are told that the government had granted lease to their land to a logging or plantation company usually connected to people in power - is that not daylight robbery? That is what is happening in our midst,” he said.

He said the government would then tell the landowners to prove that it was NCR land, but that this is difficult when the original settlers have died and because landowners could not acquire NCR by purchase.

“So in effect, it means gradually and eventually NCR land will be no more. And that is the policy of the BN government,” he added.

“Have we heard any BN Dayak leader calling for a survey and for the issuance of titles to NCR land? No one in BN dares to make such a call. On such matter, only one man decides.”

PKR president Dr Wan Azizah Wan Ismail, who was present, said: “If we want to change Sarawak for the better, then it is now or never.”

At a press conference after declaring open the Batu Kawa PKR service centre earlier, she said the party had held discussions with a number of past and present BN leaders to join the party before the end of the year.

“I am not going to reveal names. Let there be an element of surprise,” she said, without dismissing the possibility that some of these leaders are from Sarawak.

Our wonderful gift for 2009 Gawai Dayak

Many do not realise that our wonderful gift for our Gawai Dayak 2009 is the recognition by the Federal Court of our Native Customary Rights (NCR) over our ancestral land, and the Court has clearly defined that NCR land includes 'Pemakai Menua' (communal land boundaries), ‘Pulau Galau’ (communal forests), ‘tembawai’ (old longhouse sites), ‘pendam tuai’ (old graveyards), farm land and ‘temuda’ land.

The decision of the apex court which was made early in May 2009 is going to open a floodgate of legal actions against government, which leases our land and companies which plant oil palm on our land.

Not only they took away our land by force, but they also destroyed our fruit trees, rubber and pepper gardens, padi fields, destroyed our communal forests, communal land boundaries and graveyards. Some time our longhouses were also destroyed. For all this, we must seek compensations as well as the return of our NCR land.

Thanks to our lawyers and Sarawak Dayak Iban Association (SADIA) for their courageous efforts in fighting for our NCR land. Finally we triumph. And for this Gawai Dayak we have every reason to rejoice and to be thankful.

To all readers of The Broken Shield, we wish to say:

“Selamat Gawai Dayak, gayu-guru, gerai-nyamai, chelap-lindap nguan menua, betuah-belimpah. Sida ke dara bulih laki, sida ke bujang bulih bini, beranak betelesak ngambika bala kitai Dayak maioh ka agi di menua Sarawak”.

We will be going to our village for our Gawai and any reader happens to pass by is welcome to our humble house at Kpg. Sungai Samabang, Jalai Punda, Simunjan. – The Broken Shield

Am I angry?

Am I angry when someone says that the Ibans are easily influenced by money during election times?

To be honest, no. I am not angry with the person who says it. But I am angry with the Ibans themselves, because Ibans do not know how to cheat. For example, if a candidate gives them money to influence them to vote for him, they will surely vote for him because of the fear of “tulah” (curse).

This the Ibans do not learn. They should emulate examples of almost all our YBs who promise the voters this and that. While we must admit that some promises do materialize, but the majority of them is empty. And yet they do not “tulah”. Instead of “tulah”, they become “kaya raya” taking away our NCR land.

I am just the opposite of Andrew Shilling, SUPP Sibu Bumiputra chairman. He is very angry with SUPP assistant minister and state assemblyman for Dudong, Soon Choon Teck who hinted that the Iban party members were easily influenced by money politics.

Soon said: “The socio-economic position of the Ibans is still behind others, and as such they could be easily influenced by money politics.”

Reacting to these remarks, Shilling who is also a political secretary to the chief minister demanded an immediate apology from Soon. And he led a group of Iban members from the State constituencies of Pelawan, Nangka, Bukit Assek, Dudong and Bawang Assan to ptotest against Soon’s statement that was carried out by the Chinese papers on Sunday.

He said to the press that the Iban members felt insulted and feared that the issue might divide party members into Chinese and Ibans.

When Soon failed to respond to his demand to apologise, Shilling, according to The Borneo Post today said that legal actions could be taken against him. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Natives welcome with Federal Court's decision ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/103985

Natives welcome with Federal Court's decision

The recent Federal Court’s decision on native customary rights (NCR) land will open a floodgate of legal actions against the Sarawak state government, a prominent NCR land lawyer, Harrison Ngau said today.

Ngau was commenting on the decision of the Federal Court which last Tuesday rejected the application of the Sarawak government to review the decision of the same court, i.e. earlier Federal Court, but comprising a different panel.

Among others, the Federal Court accepted the law on NCR land as stated by justice Ian Chin in the High Court in the Nor Anak Nyawai case in which he held inter alia that NCR land includes both cultivated or cleared land, for example "temuda", gardens, and burial grounds, former longhouse sites, and communal forests or "pulau galau" in Iban within the communal land boundary or antara menua of a longhouse.

In dismissing the said application, the Federal Court held that the earlier panel of the Federal Court did not commit any error of law or fact which requires or justifies a review.

“The significance of the Federal Court decision is that the NCR land of the natives covers or comprises all the land within the communal land boundary of their longhouses, i.e. both cultivated and forested areas therein.

“Licences for logging and planted forests and leases for oil palm plantations issued by the state which overlapped with the land within the communal land boundary of the longhouses do not or cannot extinguish the prior NCR of the natives.


Natives can sue the government

More than one million hectares of land, the bulk of which is NCR land, have been leased out over the past 20 years to many companies and state agencies.

“As such the natives can sue the state government for lawfully interfering or impairing their native customary rights and stop or blockade the companies issued with the licences or leases for encroaching onto their NCR land,” Ngau said.

He said the decision would also have some bearing on 203 NCR land cases which would start their hearing from September this year.

He suggested that the Sarawak government should now start gazetting the communal land boundary of the natives throughout Sarawak, what the Brookes and British governments did during their times.

During the Brookes times they even issued an official circular N0. 12 of 1939, directing district officers and land and survey department to record communal land boundaries of the natives. This had resulted in the compilation of the record of such land boundaries of the longhouses in the Baram district in the registrar of land boundaries now kept at the district office in Marudi, Baram.

Rights of natives over their land restored

Ngau said: “The native courts have upheld the land boundaries in many cases. Unfortunately, the Sarawak government failed to respect the NCR land of the natives as what the Brookes and British did. That resulted in the tragedy befalling the natives in Sarawak until today.“With this decision of the Federal Court, it is imperative for the Sarawak government to immediately give effect to it and stop arbitrarily issuing licences or leases over NCR land within the communal land boundaries,” he said.

Another NCR land lawyer, Baru Bian said that he was absolutely delighted as the decision of the Federal Court had finally sealed the finding of the High Court in the landmark case of Nor Nyawai that NCR land was not only confined to temuda land, but it included “pemakai menua” (territorial domain) and “pulau galau” (communal forests).

“This concept is now settled. This is because Nor Nyawai says common law recognises the pre-existence of adat and custom. Now it is a question of adducing evidence,” he added. In welcoming the Federal Court’s decision, the Sarawak Dayak National Union (SDNU) was happy that the Federal Court had put back the rights of natives over their land.


Be sensitive to needs of natives

Its publicity officer, John Anthony Brian, said that SDNU urged the NCR land owners to take this opportunity to move forward and develop their land.

“We hope the Dayaks can establish their own investment vehicle to develop their land into an economic enterprise so that we do not blame the government any more,” he said, and urged the government to be sensitive to the needs of the natives and support their efforts to develop their land in order to eradicate poverty.

Meanwhile, efforts to get the State Minister of Land Development James Masing and Minister of Rural Development, Alfred Jabu anak Numpang, who is also chairman of the NCR task force, to response to the Federal Court’s decision were unsuccessful.

Being Dayaks, both ministers should be the right persons to comment on behalf of the state government on the implications of the Federal Court’s decision.

It is understood that the state legal counsel, J.C. Fong, who represented the state government had briefed the chief minister Abdul Taib Mahmud on the decision.

Meanwhile, NCR land lawyers and NCR land owners are watching closely what the Taib government’s next move will be to avoid being sued.

S'wak gov't defeated in landmark NCR ruling ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/103680

The Federal Court has upheld the concept of native customary rights (NCR) to land as including not only one class of such land called "temuda" (cultivated land), but also "pulau galau" (communal forest) and "pemakai menua" (territorial domain).

The apex court delivered its ruling today in Kuching, in an application by the Sarawak government in a case initiated by local Malay Madehi Salleh to claim NCR rights over former Shell concession land in Miri.

Lawyers dealing in NCR cases were quick to point out the implications of the decision for some 200 land cases filed to date against the state government and companies that have obtained leases mainly for plantation and logging activities.

So long as NCR claimants can provide sufficient evidence to support their claims, logging and plantation companies may now find themselves in a quandary unless they are prepared to negotiate.

Madehi had taken the state government to court in 2007 over his rights to 6.6 acres of land and won the case.

However, the state government successfully appealed the decision in the Court of Appeal, following which Madehi turned to the Federal Court and won his case in October 2007.

The court recognised the pre-existence of NCR before the coming into force of any statue or legislation, in particular the Rajah Order of 1921. It said the reservation of the land under the Rajah’s Order for Sarawak Oilfields Ltd (SOL) did not have the effect of extinguishing NCR to the land.

There was no provision whatsoever in the Rajah’s Order that extinguished Madeli’s NCR to his tract of land, the judges said, noting that all it did was to reserve the land for SOL.

Furthermore, the Federal Court said native rights to occupy untitled land in accordance with customary laws subsisted in an area reserved for operation of SOL. Individual rights of natives were the same as communal rights, it added.

Application dismissed

The Sarawak government, unhappy with the decision, then applied to the Federal Court to review its own decision.

Today, however, the court disagreed that the applicants had met the threshold requirement and dismissed the review application with costs.

The Federal Court’s quorum comprised the Chief Justice of Sarawak and Sabah Richard Malanjun, Hashim Yusuf and Zulkifli Ahmad Makinudin.

Appearing for the applicants (Sarawak government) were State Legal Counsel JC Fong and his assistant Safri Ali. Miri-based lawyer Mekanda Singh Sandhu and his son Sathinda represented Madehi.

Sathinda told Malaysiakini later that the judgment can now be applied to all NCR land cases after this.

Millions of hectares of land have been leased out over the past 20 years to many companies and state agencies.

The Federal Court ruling re-affirmed a similar landmark finding in the Nor Nyawai & Others v Borneo Pulp and Plantation case in Bintulu in 2001.

Ibans mount blockade against Naroden’s companies

About 100 Iban land owners from Kpg. Sungai Lingkau, Melanjok and Sekendu in Simunjan today (5 May) mounted a blockade to prevent workers of Hydroflow and Melur Gemilang from entering their NCR land.

A manager from the company promised the landowners who maintained the blockade not to enter the area, and to bring out all the machinery.

The landowners expected the manager to lodge a report with the Police and they also expected to be arrested in the defence of their land from being encroached into.

Hydroflow and Melur Gemilang are owned by Yang Berhormat Naroden Majais, the Simunjan State assemblyman. He is known as the "Simunjan King of oil palm", owning more than 48,000 acres of land including NCR land of oil palm.

Meanwhile, six longhouses in the Kpg. Samalatong/Kepayang area will meet on Wednesday night to reject the offer of DD Plantations and Pelita Holdings Sdn. Bhd. to develop their NCR land. The agreement has already been signed between 46 longhouse chiefs with the DD Plantations and Pelita Holdings Sdn. Bhd.

But the landowners from these six longhouses prefer their NCR land to be developed by SALCRA where their equity participation is 70% as compared with 30% given by DD plantations and Pelita. - The Broken Shield

Jabu under fire over NCR scheme ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/103229

By Tony Thien Apr 28, 09 12:38pm

A Miri-based Dayak NGO has taken Sarawak's most senior Dayak minister Alfred Jabu to task for 'once again shortchanging the community' through one of the state government's most praised native customary land development schemes’ commonly known as 'konsep baru' or new concept.

It cited the latest incident which involved the Iban communities from Rumah Belili and Rumah Ranggong situated at Ulu Niah, Miri Division.

Borneo Resources Institute Malaysia (Brimas) executive director Mark Bujang said last Thursday, Jabu (right) handed out a total of RM436,708.20 in dividends and bonuses to 226 participants of the Ulu Niah NCR Joint Venture Project.

At first glance, he said, the total amount seems reasonable if the payment of dividends and bonuses are for the year 2008, but upon checking with the participants, it was learnt that this is the first time in 10 years that the JV project has paid out dividends or bonuses.

“If we were to make the assumption that the dividends and bonuses are divided equally among the scheme participants, each participant would receive about RM1,932,” he added.

Divide that by 10 years, he said, each participant would only get RM193 per year. This, he added, is a far cry from the government's promise that the scheme would uplift the socio-economic status of the Dayaks.

Snek Bagat, one of the residents of Rumah Ranggong, said: "I was looking forward to receiving the dividends and bonuses from our investment (in the JV project). But I was shocked to find out that our investment only yielded 50 cents per month after 10 years. Not enough to buy a cup of coffee."

Why the sudden need to do so?

Meanwhile, Bujang questioned the need to hand out dividends and bonuses after 10 years. "Why does the government and the JV company have a sudden interest with the NCR landowners after they have been neglected all these while?"

"Is it because that the community of Rumah Belili and Rumah Ranggong are suing the private investor BLD Resources Sdn. Bhd. for not keeping its end of the bargain?" he asked.

Previously, in 1999, a Memorandum of Understanding (MoU) was signed between BLD Sdn. Bhd (sister company of BLD Resources), Sarawak Land Development Board (SLDB) and the NCR landowners at Ulu Niah, where Rumah Belili and Rumah Ranggong were the participating longhouses, to develop the Ulu Niah NCR land based on the ‘konsep baru’ scheme.

Jabu and the then Sarawak Minister for Housing Celestine Ujang handed out the 10 percent upfront payment worth RM294,990 in 2001.

However, in 2008, a resident of Rumah Ranggong, Changgai Dali was sued by BLD Resources for allegedly trespassing into BLD’s plantation. When Changgai and his longhouse folks disputed this they discovered to their horror that their NCR JV project was cancelled - reason given was the government made a mistake saying the land is NCR.

Commenting on the dividends and bonuses received, Changgai said: "We thank Jabu for handing out the dividends and bonuses to us, but we are not happy with the amount."

"How come after all these years, this is all we get? Jabu not once mentioned the status of our land during the ceremony. When I asked Jabu if he could withdraw the provisional lease of the company, he replied that he does not have the authority," he added.

Problems in other schemes

In another case, Jabu also handed out dividends amounting to RM52 million to 16,480 participants for the year 2008 in another NCR land development scheme managed by another state government agency, the Sarawak Land Consolidation and Rehabilitation Authority (Salcra), where Jabu is also its chairman.

According to an article sourced from a blogsite, Anilnetto.com, Salcra should have netted profits amounting to RM292 million for 2008 taking into account the price of oil palm that year. Jabu announced that another RM22 million had been set aside for loan repayments.

The article went on to say that the net balance after dividends and loan repayments should have amounted to RM218 million, or RM13,240 per participant.

The article questioned Salcra on where the balance of the money went. The article went on to state that even if 50 percent is withheld to allow for reinvestment and replanting, that would still amount to RM109 million or RM6,620 per participant to be accounted for.

In another NCR JV scheme in Suai, Miri Division, the Penans from Kampung Ugos threatened to withdraw from the said scheme launched by Jabu himself in 1998 if the state government agency the Sarawak Land Development Board (SLDB) did not disclose transparently the official documents, records, JV agreements and statement of accounts of the company.

The Penans also complained that they do not know how SLDB arrived at the amount of dividends paid which is exactly RM500,000 and they do not know which private investor company is in the JV. Some of the scheme participants have died not knowing what will happen to their land and their investment.

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

Turmoil in Dayak longhouses ~ Malaysiakini

Taken from: http://www.malaysiakini.com/news/102716

The politicalisation of Dayak institutions have caused a major split in the Iban community, claimed Nicholas Mujah, secretary-general of Sarawak Dayak Iban Association (Sadia).

“The politicalisation of (the posts of) tuai rumah (longhouse chiefs) and penghulu - who these days are being appointed by politicians or political parties - is causing a big split in the longhouses," said Mujah .

“Previously, the selection of tuai rumah and penghulu was by the people, for the people and of the people. Unless Iban customs are upheld, there will be no unity (in the community).

”Mujah was responding to comments by Parti Rakyat Sarawak president James Masing who had said that politics within the Dayak community, particularly in the rural areas, has been “fluid until now because there is lack of the smart factor”.

Masing said this is evident among the rural Dayaks whose political stand is seldom firm. He urged educated and intellectual Dayaks to help educate the members of the community, so that they are not manipulated by others.

He claimed that some Dayaks intellectuals are going to the longhouses to incite the people to reject government policies, adding that their campaign of hatred has caused the Dayaks to be further fragmented in politics.

Mujah responded: “I am happy that Masing has realised the weaknesses of the Dayak leaders. The most important thing is that Masing and his group of Dayak leaders can rectify these weaknesses and go back to basics to learn from history.

“I refer in particular to the land (code) amendment in 2000. Despite knowing that the amendment would disadvantage the Dayaks, none of the Dayak legislators dared to oppose it or even felt concerned.”

Mujah rejected Masing’s accusation that Dayak intellectuals are inciting the people to turn against the government.

“I do not agree. I can say that these Dayak intellectuals are only advising their parents not to be cheated another time,” he said.

People confused

Commenting on the same issue, Sarawak Dayak National Union publicity officer John Anthony Brian said the rural people are confused as they cannot distinguish truth from propaganda.They did not know who to trust as some politicians do not tell the whole truth, he said. And because of conflicting statements, the people tend to be sceptical.

Citing the Sarawak Land Consolidation and Rehabilitation Authority (Salcra) as an example, Brain said certain politicians have claimed that Salcra provides many benefits to those participating in the land schemes. However, many have received only RM8 per day or very small dividends per year, he claimed.

Brian, who runs the Dayak Baru.com website, said: “The Dayaks want to see things happen in their area and want the government to deliver its promises. They have heard so many promises. As far as the people of Batang Ai are concerned, they have kicked the ball back to the government (to deliver its pledge of development projects).”

Lawyer and politician Baru Bian said the notion of being politically ‘smart’ is a subjective one.“I don’t think I subscribe to political smartness for the sake of political survival. I prefer correctness. But anyway (Masing) is wrong - as if Dayak leaders are not smart. They are!” he added.

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

Masing the leader of the ‘turncoats’?

In the 1980s, both James Masing (right) and Leo Moggie

were very critical of Abdul Taib's policies when they were still in PBDS.

Can we describe them as "turncoats" too?

President of Parti Rakyat Sarawak (PRS) James Masing has accused a group of people who once were with the government now are actively opposing it.

Describing them as ‘turncoats’ Masing said he was disappointed by these highly educated people who were former elected representatives and government retirees.

“The people are confused because when these same people were serving the BN government, they were saying many nice and good rosy things about BN and encouraging people to support BN.

“Today these turncoats are saying all the bad things about the government, dragging people here and there to follow their own personal political agenda,” Masing who is the Land Development minister said. (A turncoat, according to Reader’s Digest Oxford dictionary, is a person who changes sides in a conflict, dispute, etc.; renegade, traitor, betrayer, deserter, defector, backslider, snake in the grass, etc.)

I would have thought Masing himself was/is a turncoat. In 1983 he contested as a PBDS candidate and won the Baleh seat. PBDS joined the state BN government plus. In 1987 he and PBDS joined the Maju group to topple Abdul Taib Government. In 1991 when PBDS was severely defeated, Masing and PBDS applied to rejoin the State BN. Upon rejoining the State BN in 1995, Masing was initially appointed an assistant minister.

Like Masing, government retirees have their own reasons for being turncoats. When serving the government, they must be loyal to the government of the day, observe the general orders and other government regulations. They cannot have their personal agenda otherwise they must resign.

When they become retirees or pensioners, they are free to express their views either for or against the government. As a matter of fact almost 90% of them are critical of the government policies. Why?

Firstly, they could have been marginalised or sidelined in terms of promotion, because they did not know how to do the apple polishing of their bosses.

Secondly, they knew too well government policies that are detrimental to the survival of their people back in the longhouses. For example the policy on Native Customary Rights (NCR) land development when the authorities declared NCR land as state land and sell them to cronies of the powers-that-be and to big companies for oil palm plantations, they cannot stand idle. Their forefathers’ lands have being taken away from their families, their fruit trees and their crops destroyed.

So they better become “turncoats” and do something to defend the land. Some longhouse people will surely follow them because as government pensioners they know what is right and what is wrong. - The Broken Shield

Source: www.thebrokenshield.blogspot.com