More people from Baram voiced opposition to the proposed Baram Dam

Save Sarawak’s Rivers Network (SAVE Rivers)

Jaringan Selamatkan Sungai-Sungai Sarawak

Secretariat Office:

Lot 1046, 2^nd Floor, Shang Garden Shoplots,

Jalan Bulan Sabit, 98000 Miri, Sarawak, Malaysia

Tel: 085-423044 / Fax: 085-438580

        Email: saveriversnet@gmail.com

                            

25 June 2012

FOR IMMEDIATE RELEASE

More people from Baram voiced opposition to the proposed Baram Dam

MIRI – More than 200 people from Baram District as well as supporters from outside the district thronged into Telang Usan Hotel, Miri yesterday afternoon to participate in an open dialogue opposing the proposed Baram Hydro-electric Project.

The dialogue, which was jointly organised by Save Sarawak’s Rivers Network (SAVE Rivers) and the Baram Protection Action Committee (BPAC), is by far the biggest gathering of people from Baram who are living in and around Miri either for employment or studying.

“We did not expect the crowd to be this big, and I am truly flattered by the overwhelming support the participants of the dialogue gave us.” said Peter Kallang, Chairman of SAVE Rivers.

Equally grateful and encouraged by the support given by the participants, Philip Jau, Chairman of BPAC said, “BPAC together with SAVE Rivers and other NGOs and concerned individuals will work harder to get the government to scrap the Baram Dam project.”

During the dialogue, the participants were clearly upset about the Sarawak State Government and Sarawak Energy Berhad’s (SEB) plans to go forward with building the dam and trying to silence the majority of the people who are against it.

In a written statement addressed to the Chief Executive Officer (CEO) of SEB, Mr. Torstein Dale Sjotveit, the participants of the dialogue had stated unanimously that they disagree with these plans and strongly oppose the construction of the dam.

They also disagreed with the statements made by their community leaders headed by Temenggong Pahang Ding, their elected representatives i.e., YB Jacob Dungau Sagan, YB Dennis Ngau and Senator YB Lihan Jok and the President of the Federation of Orang Ulu Association Malaysia (FORUM), Mr. Gerawat Gala, saying which the Orang Ulu community in Baram have agree to the said project.

They were also not pleased with the announcement made by Sarawak’s Deputy Chief Minister, Datuk Patinggi Tan Sri Alfred Jabu that the resettlement site for the communities affected by the said project has been identified to be between Murum and Bakun, in the Usun Apau region, whereas the said project is still in the proposal stage and no decision had been made on its approval.

The participants refuted the statement made by SEB’s CEO which was published in a local daily last Wednesday which said that only a small number of activists are making ‘noise’ opposing the said project and that the Orang Ulu community are ignorant. However, the participants are claiming that the CEO himself is being ignorant to the concerns and pleas of the people of Baram who are going to be affected by the said project.

They reminded the CEO that a 3 day meeting with the Orang Ulu communities at Long Na’ah village during the dialogue and ‘Mayau Daleh’ ceremony organised SEB and the State Government last April is not the right gauge to say that all the people of Baram have agreed to the said project, as not all the people of Baram were present at that time.

The participants are demanding that the Sarawak State Government and SEB scrap the controversial project with immediate effect and halt all works at the proposed project site immediately and warned SEB and the State Government that they will not hesitate to take the necessary actions if their objections are not heeded.

- END -

Press Statement issued by:

Mark Bujang

Secretary,

SAVE Rivers

Baram voters want Iban as candidate

KUCHING: Nowadays Marudi Town is abuzz with rumours that Sarawak Parti Keadilan Rakyat is likely to nominate an Iban for the Baram parliamentary seat to challenge the incumbent Jacob Dungau Sagan, who has been named by Sarawak Progressive Democratic Party as the candidate to defend the seat for the Barisan Nasional.

The potential candidate has been identified as Patrick Sibat, a soil scientist, who is currently a supreme council member of Parti Rakyat Sarawak.

He is expected to resign any time from the party, said his supporters.

PKR has also identified another potential candidate Roland Engan, a lawyer.

Sibat’s supporters have been going around ‘selling’ his name among the voters in Marudi who are no stranger to him as he is not only from Marudi, but had one time stood as a candidate representing Parti Bansa Dayak Sarawak in the 1983 state election.

He was narrowly beaten by then a Sarawak National Party candidate the late Edward Jeli.

Sibat’s supporters have met with longhouse chiefs and even with supporters of Sylvester Entri, discussing with them the possibility of Sibat contesting in the coming general election.

Entri is the incumbent Marudi assemblyman, who was expelled from SPDP in October last year.

Recently they met with PKR leaders explaining some of the reasons why the party must pick Sibat if PKR wants to win the seat in the coming general election.

One of the main reasons is that the Iban community which forms the biggest group with 10,294 voters have never been given a chance to contest the Baram seat. The majority of them are from the Marudi constituency.

The other ethnic groups which are from the Telang Usan constituency are Kayans numbering 6,365 voters, Kenyahs and Penans accounting for 4,500 and 600 voters respectively.

Two Kayans namely Luhat Wan and Harrison Ngau and a Kenyah in the person of Sagan have represented the constituency for a period of more than 40 years.

The other reason is that the Ibans in Marudi who are strong supporters of Entri are not only angry with  SPDP but also have vowed to vote any candidate put up by SPDP in the Baram constituency.

In October last year, more than 30 longhouse chiefs had banned SPDP President William Mawan Ikom from visiting their area as his visit would further create disunity among the people.

Mawan’s visit was only made possible with the intervention of Deputy Prime Minister Muhyiddin Yassin.

Mawan had been warned of the consequences of his visit, but he ignored it; one of which was heightening the tensions between SPDP and Entri and his supporters.

Another factor that is favouring Sibat is due to the strong opposition by the Kenyah, Kayan and Penan communities against the construction of the Baram dam now in progress.

From past records, the Kayan and Kenyah communities were split with 55% voted for the Opposition, and 45% for BN. While more than 2,700 Chinese voters voted for the Opposition, the Malays numbering more than 1,600 voted for the BN.

Kenyahs from Sagan’s own longhouse at Long Anap are against the dam as almost all the Kenyah heartland will be flooded by the dam.

Seen from these perspectives, the Iban votes are considered to be the determining factor. This is how Sibat and his supporters see it.

Even if Roland Engan is to be the PKR candidate, he still needs the Iban factor to win. But will the Ibans vote for him, when they are clamouring for an Iban to be the candidate?

“This is a point that PKR should consider,” said Sibat’s former polling agent.

But Baru Bian, Sarawak PKR chief said that the problem with Sibat is that he is still a member of PRS which is a member of the Barisan Nasional coalition.

“We are not sure how serious he is,” Bian was reported to have told Sibat’s supporters.

Sibat was not available to confirm the story as he was away in Miri allegedly meeting his supporters.  

The Baram Parliamentary constituency has always been a Barisan Nasional ‘fixed deposit’ since 1970, except for a period from 1990 to 1994 when an environmental activist Harrison Ngau defeated BN-Sarawak National Party Luhat Wan.

But for the coming general election, the political situation in the constituency is very volatile due to the strong opposition of the local people against the construction of the Baram dam that will submerge more than half of the Orang Ulu heartland.

More than 20,000 native people will be displaced and their roots, heritage and culture and their longhouses will disappear.

Recently 150 representatives of the Orang Ulu ethnic groups met in Miri calling on the government to immediately stop the construction of the Baram dam.

This and the  native customary rights land-grabbing cases  are going to be the main campaign  issues in the constituency against the Barisan Nasional.

Don’t confuse us, say Penans

KUCHING: The Pelieran Murum Penan Action Committee (PEMUPA) together with 1,500 residents from seven Penan villages located at the Murum Hydro Electric Dam Project (HEP) demand that the Land and Survey Department immediately halts its current native customary land surveying works until clear and proper information are made available to them.

“We are making this demand because the information given to us by the Land and Survey Department is not clear and confusing to us, the Penans,” said PEMUPA Chairman Surang Alung.

He said in early August this year, a group of surveyors and officers from the Land and Survey Department started to survey and demarcate the land in the Murum HEP area.

The survey works which were done arbitrarily without the participation of the local residents became an issue to Penans when there is little or no information being given to them regarding the said works.

“Even if there is information given by the Land and Survey Department, it is very confusing, not consistent and at times conflicting. The information given differs from village to village.

“The officers of Land and Survey Department told us that not all of our lands will be surveyed even though it will be inundated by the waters of the dam later.

“They further went on to say that only three acres of land will be surveyed for each family, while some villagers were even told that only their fruit gardens will be surveyed,” Surang said.

“We were also told that only our temuda lands which we have cultivated before 1958 will be surveyed. All the temuda lands cultivated after 1958 belong to the state. Besides that, we were also told that aerial photographs will be used to demarcate our lands.

“We would like to state here that the areas which are affected and will be inundated by the Murum HEP are the native customary lands of the Penans.

“We have occupied and lived in the Murum, Peleiran and Danum since time immemorial. During all this time, our ancestors were living a nomadic life. Because of our nomadic lifestyles we have a lot of old camp sites (la’ lamin), historical sites, grave sites (tanem), sacred sites, etc all over the Murum HEP area.

“We have occupied this area before the arrival of the Brookes and continued to occupy this area up to the present government,” said Surang, pointing out that the Murum project will inundate 24,500 hectares of the Penan’s customary land.

“If the government uses the 1958 cut-off point as an indicator of native customary rights claims for our temuda and fruit gardens, then this is not fair for us. We cannot accept this cut-off point as it is not logical for us to lead a sedentary lifestyle before 1958 as we were still nomadic during that time.

“As long as our community is not given clear and proper information and our views and concerns are not taken into account, then the survey works for each Penan village will be facing more problems and the issue will not be solved,” he warned.

“We want to make it clear here that we want all our lands to be surveyed. It is important that our gardens, fruit orchards, temuda, pulau galau, communal forest, grave sites etc be included in the survey.

“We also want our tana pengurip (ancestral domain) for each Penan village which is going to be inundated by water to be surveyed,” he said.

The Penan villages affected by the Murum HEP are Long Wat (82 families with 339 people), Long Malim (45 families with 211 people), Long Singu (64 families with 265 people), Long Tangau (28 families with 107 people), Long Luar (52 families with 189 people) and Long Menapa (39 families with 167 people).

Also affected is the Kenyah Badeng village of Long Umpa (35 families with 197 people).

The angry gods?

Dr. Elie Luhat, chairman of the Bakun Community Security committee, said that the people in Belaga attributed the deaths of 10 persons in and around Bakun dam were due to the fact that the state authorities failed to pay compensation amounting to more than RM2 million for their ancestral lands and their graves which have been submerged under water.

“The money is needed by the local people to appease gods after the jungle, ancestral lands and graves have been submerged.

“We need to offer some offerings so that the gods do not angry,” he said. But the money has never been paid. As a result the ‘miring’ has not been performed.

Thus the spirits of the jungle and the spirits of the dead must be angry and curse those who do not respect them (spirits).

Adat (culture) is Adat. The government must respect the people’s Adat and belief whether they like it or not; or whether they share their belief or not.

And for James Masing, Land Development Minister urging the people not to believe that the deaths were due to the curse by the spirits was uncalled for, said a retired Police officer.

Masing said that the health department had confirmed that the deaths were due to melioidosis and leptospirosis and should not any way link to any spiritual belief.

“I believe that many of the Orang Ulu in the area are educated and should not believe the story,” Masing said.

“Let me remind Masing that his people of Baleh did perform ‘miring’ in December last year after the occurrence of logjam. I heard 14 pigs were slaughtered as ingredients of the offering (piring), with seven dead pigs were placed at each of the river banks. The people in the area should not pass the place within three days. That is Adat.

“These offerings were to appease gods or spirits after timber companies destroyed the jungle in Ulu Baleh and its tributaries. Because of this, landslides occurred causing logjam spreading from Kapit right up to Sibu. People lost their sources of income. Tonnes of fish of various species died due to suffocation,” said the ex-officer.

More than RM100,000 was spent on the ceremony.

Is it not strange for Masing to comment on a speck on someone else’s eye, when a big log is found in his own eye?

Like Dr. Elie, Masing is also a PhD holder, so the question of so many Orang Ulu in the area being educated and should not believe stories on spirits do not rise, said the officer.

Baram dam and politics

KUCHING: A total of 4,180 votes were cast against the PBB-BN candidate Dennis Ngau in protest against the construction of the Baram dam.

“These native people who voted against the BN government have clearly expressed their strong objection by voting for the Opposition during the recently concluded state election,” said Raymond Abin, the national coordinator of Sarawak Conservation Alliance for Natural Environment (SCANE).

“The government should heed the strong objection of the people who are going to be affected by the dam,” said Abin on behalf of SCANE which is a coalition of several non-governmental organizations, has called on the state Barisan Nasional government to stop with the construction of the Baram dam.

“The government should immediately stop the project,” he said, when asked to respond to remarks made by Peter Kallang, chairman of Miri Orang Ulu Association.

“Even though the PBB-BN candidate defeated the ‘hot favourite’ Harrison Ngau, his victory was due to the support given by 2184 Iban voters in the Lubok Nibong area.

“Furthermore, his victory was also the result of the split in the opposition votes,” he said, pointing out that those who supported the PBB-BN candidate were after immediate material and financial gains as well as promises made to them.

Even then the support among the PBB-BN hardcore members had also declined sharply, he said.

“But in the Kayan and Kenyah communities which are going to be affected by the dam, the PBB-BN candidate lost heavily.

“And with almost half of the 13,623 votes in the constituency cast against the government, the government should not proceed with the dam construction,” he said.

“This is the message of strong objection by the natives against the construction of the dam,” he declared, adding that the government better heed it.

The results of last week’s election showed that Dennis obtained 3,597 votes defeating Harrison by 845 votes.

Harrison received 2,752 votes, while Kebing Wan of Sarawak National Party obtained 705votes and an independent candidate Jok Din managed to get 623 votes.

Meanwhile, Kallang, the Miri OUNA chairman, warned the state BN government that it may lose the Baram parliamentary constituency to the Opposition if it does not heed the protest votes cast against it.

He said that the election results showed that all those living in areas affected by the construction of the dam had voted against the Barisan Nasional.

Twenty-five longhouses with a population of more than 20,000 natives comprising Kayans, Kenyahs and Penans will be moved out from the areas once the construction begins.

Kallang who is also the chairman of Sarawak Kenyah Association in Miri said that the government should stop the damp project.

“It is still not too late to stop the dam project and the government should listen to the people or else it will lose the Baram seat,” he said.

In the 2006 state election, Lihan Jok of PBB won the seat for the Barisan Nasional with a 2771-vote majority.

Lihan refused to defend his seat as he knew that he might lose the Telang Usan seat after he described the Baram dam as the “gift of God”.

His remarks irked the voters.

A letter from an Orang Ulu

By Burak Sem

My Brothers & Sisters,

I am now on my 'time-off', back to my second home, Bintulu with my family for about two months. In fact, I am already recovered from 'jet-lag' two days ago, and nevertheless, not forgetting of the delays in my emails, which have have fallen behind for almost 9 days.

It's great to be home again, with the weather, foods, friends, relatives, culture and driving on the left side of the road. I am planning to go back to my kampung in Telang Usan in couple of days and hope to catch up with the situations and get myself to well prepared for the upcoming state election.

Disgustingly, the Sarawak political system, from other countries has been tagged to be corrupt, hopelessness, vague and primitive since 29 years under the Barisan National government. Political system in this state of Sarawak is obviously unhealthy and people's rights are abused single-handedly by 'one evil man'. Social justice seems to be a far away dream. And the observance of the law seems ruthless.

It is a sad fact that Sarawak, although it has abundance in natural resources, vast area of lands, mighty rivers that could have placed abreast amount the world's richest countries have remained cellar dweller as among the poorest.

The reason is another sad fact, political career in the country is a very lucrative business that engrossed a lot of "greedy-white devils" lead by the “Old-Goat Father Abdul Taib Mahmud” and they spend a fortune, pour and mobilized out his greed just to grab posts, then recover their expenses with gargantuan profits out of Dayak's coffers and money spinning deals once elected. The end result, true welfare of Sarawak and its people for real leaps of progress does not happen, instead, the deplorable wealth these politicians amassed in just a few years becomes a common scenario.

As long as these traditional politicians in Barisan National reigns in power. As long as corruption is permitted by the top leadership and the political dynasty system continue to dominate, this country will continue to be buried under the ground. A country in misery, a country without hope, a country without future.

Hopes only prevail when we all Sarawakian decide and chooses a new and trust worthy leaders who struggle for our causes and who understands where we are at, this country Sarawak will have hope.

In a democratic society like in America and European countries, governance is always at the hands of the people. But, the state Barisan National lead by “Old-Goat Father Abdul Taib Mahmud” do not want us to know this facts about democracy, but continue to manipulate our minds to think, 'without Barisan National' there will be no hope of developments', 'maintaining stability and prosperity in the country', 'opposition cannot bring development to the people',

The Barisan National lead by “Old-Goat Father Abdul Taib Mahmud” and their dirty policy is slowly, but surely changing our cultures towards supporting their greed, regardless of our strong cultural background. They change our land codes in order to support their family members, elites' business empire, they change our traditions, cultures and corrupting our mindsets, to give us no choice but continually supporting them.

So why do Sarawakian keep silent? The simple answer is we have been taught by Barisan National on 'education and fear' and 'education depending their lies'. Our entire system and way of life are based on producing a feudal society, where the “subjects” are ruled by the “overlords.”

The overlords are the politicians in power, start from those small "Mao Ze Tung" in the civil service, the timber tycoons who benefitted from the "award-negotiated timber licenses”, "family members on free-share contracts".

I don't think it is necessary to change the culture of Culture and Tradition of Sarawak, what is necessary is to change the system within (governance) itself. Unless we will not change our attitude, this country will remain to be at the hands of opportunists, politician with self vested interests and robbers. What is happening in Sarawak, in my own view and what is happening in the state is not just a result of corrupt system and of poor managed government.

Therefore, the change must start within us, especially our youth, younger generations. The youth is said to be the catalyst of change. It is said that the youth is the hope of changing and bringing an ideal system. But how exactly can the youth change the present system when he is surrounded by a corrupt system? How can we do it when not all can study and get themselves involved in worthy activities? How can we do his advocacies when his freedoms are suppressed? How can the youth fight the pain of a corrupt system and maintain his idealism for an ideal system?

Choose Trust worthy YB

Soon we will go to the polls and select our new representatives; we must choose our candidates/YB wisely. We urge all eligible voters to consider their choices carefully because this is a crucial election.

The new set of candidates who will be elected into DUN or Parliamentary will be the ones who will guide this state through the major healing on the damages had caused by the incumbent governance.

Thus, voters must carefully assess the competence and track record of those running for the YBs. And not only that, we must assess their characters, honesty and background check as well.

Those who will be placed in positions of power must not only have the skills to govern but also the character, God-fearing, moral fortitude to be responsible and responsive to the needs of the people.

We urge voters to look beyond the candidates, the party's policies, principles and scrutinize the candidates on what they actually have to offer and what the candidate have done in improving the lives of the people.

We are hopeful that we have learned from our mistakes during the last state-election by voting a 'impersonator', 'thief', 'robber' and 'conman' in as our representative in Telang Usan, and will be better prepared this time.

Remember the following Ten (10) Rules, of a Poor and Immoral Candidate (YB):

1. Do not vote for candidate who cheats and taking monies from his people's MRP and use God's name to cover his guilt;

2. Do not vote for candidate who have track-record, swindle the school funds during his days as ruiral SRK teacher, that made the candidate being suspended by the Education Dept for a priod of time before posted at Ubong Emang School in Long Lama;

3. Do not vote for candidate, who hijacked people's 'belian licenses' and re-issue it under the wife's name;

4. Do not vote for candidate who involved in selling of Rumah Orang Ulu Kuching, (together with Abu Bakar @ Tom Belarek), God knows, how the money being divided between them?;

5. Do not vote for candidate who swindled Rm4 million, already allocated for Long San, Long Semiyang and Long Beruang's micro (mini) dams (needless to mention other monies swindled within the last 8 years);

6. Do not vote for candidate who caused disunity among his own people, even at his own long house in Long Bedian, which result they are having 2 Tua Kampung, 3 chapels, etc.;

7. Do not vote for candidate who swindled away part of the money suppose to be for the prices of 'ngajat' competition performed by our poor OU during Baram Regatta. The fist price suppose to be RM3,000 but somebody along the line gave to the 1st winner RM2,000. The same goes to 2nd & 3rd prices, etc. Again, God knows, where are the balance amount of the prices?;

8. Do not vote for candidate who never prepared his speeches and always talk 'rubbish', and also bluntly-challenged the people in Ulu Baram to build mega hotels at Usun Apau, without knowing there are no road excess to the plateau;

9. Do not vote for candidate who encourage 'Baram dam', in order to benefit his own pocket and personal interest, personal investment. That may cause major destruction to the people of the whole of Baram. Including drowning people’s NCR, cultures, traditions (languages/dialects), cemeteries, ecology/environment, etc.; and

10. Do not vote for candidate who is timid, suffering from inferiority-complex and who is also good "ball-polisher", "suka memuji dan memuja" the senior ministers in order to gain personal favor, which results in humiliating and despising the people who are under his constituency.
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This is not the time to be blinded by 'the voice of serpent of Eden about 'building Baram dam', before major roads will be build. We should be voting for the "best" candidate in lieu of political dictates. We must choose wisely and ensure that our interests — not the YB self interest. We must be reminded all the times that the incumbents, who are a bunch of conman, career opportunist, business politicians, got us into this total mess.

It is time to break the habit of the party line and open our eyes to what is best for this state. We need a government that wants to listen to the people. This is an election that could determine where our state of Sarawak will go in the near future.

Let's vote to ensure we can maintain our cherished Freedoms, Liberties and Rights. We pray, may GOD pours His Blessing upon us and guide us in the right path and show us His Lights and entrust us with His Wisdom.


The future of Sarawak is in our hand

DO NOT put our future in the hand of corrupt Barisan National YB, the “Old-Goat Father Abdul Taib Mahmud”, not YB Lihan Jok, Alfred Jabu or James Masing, because these names are no worse than "Nyihu-Aso-Menga Sihai" in Kayan, or in Kenyan "Cuk-Asu-Nganan Siyai", with similar meaning in BM "Harapkan-Pagar, Pagar Makan Padi".


VOTE FOR CHANGE, "IT'S NOW OR NEVER"

This verse is dedicated to the PR candidate of Telang Usan;

Psalms 1: 1; Blessed is the man, who walks not in the counsel of the ungodly, nor stands in the path of sinners, nor sits in the seat of the scornful; But his delight is in the law of the Lord, and in His law he meditates day and night. He shall be like a tree Planted by the rivers of water, That brings forth its fruit in its season, Whose leaf also shall not wither; And whatever he does shall prosper.

This verse is dedicated to the incumbent BN candidate of Telang Usan (YB Lihan Jok);

Psalms 1:4; The ungodly are not so, But are like the chaff which the wind drives away. Therefore the ungodly shall not stand in the judgment, nor sinners in the congregation of the righteous. For the Lord knows the way of the righteous, but the way of the ungodly shall perish.


To: Dennis Ngau, Baram PBB Youth Chief:

I am referring to your upcoming Seminar/Forum/Dialog or whatever your intention with our brothers/Pastors from SIB church in Miri, on November 15, 2010.

This verses is for you to reflect, look at yourself 'inside-out' before you bears false witness and sin against our brothers (SIB Pastors);

Proverb 25:18; "Like a club and a sword and a sharp arrow Is a man who bears false witness against his neighbour".

Colosians 3:9-10; "Do not lie to one another, since you laid aside the old self with its evil practices, and have put on the new self who is being renewed to a true knowledge according to the image of the One who created him".

Leviticus 19:12; "And you shall not swear falsely by My name, so as to profane the name of your God; I am the LORD".


'WE SHALL OVERCOME"

Regards
Burak S. Sem

Balan Seling helps change Dayaks’ political landscape

Image source: http://www.theborneopost.com/?p=16889

KUCHING - Joseph Balan Seling, who had a very colourful background as a politician in Sarawak, was buried on Tuesday 16 March 2010, leaving behind a “love-hate” legacy. He passed away early Sunday morning at the age of 74.

Many still remember him as a man who had contributed in part to the course of Dayak political history and landscape that the community is experiencing now.

Coming from an aristocratic Kenyah family in Baram, young Balan was thrown into the political limelight together with Liap Kudu, Nelson Kundai Ngaring, Michael Ben, Dunstan Endawie and Edward Jeli at the time when the tide of “Dayakism” was at its height following the dismissal of Stephen Kalong Ningkan as Chief Minister of Sarawak in 1966.

Trained as a preacher for the SIB church in Australia, Balan returned to Kuching in the mid 1960s and his qualities as a leader were discovered by the leadership of Sarawak National Party (SNAP). His first taste of politics was in 1970 when Sarawak held its first direct election. He was selected for the Telang Usan constituency, one of the two Orang Ulu seats. At that time, SNAP was in the opposition after it was kicked out of the Sarawak Alliance in 1966.

In 1974 SNAP picked him again to contest the same seat, but this time more young and educated Dayaks joined him, including personalities such as Leo Moggie, Daniel Tajem, Jonathan Sabai, Dr. Jawie Masing and Joseph Samuel. All in all SNAP won 18 State seats, making it one of the strongest parties in the State.

Balan who spoke fluent English and Bahasa Malaysia and his team gave the Coalition government hell in the Dewan Undangan Negeri.

Recognising the important roles the young Dayaks in the party were going to play in the State and national politics, Prime Minister Abdul Razak invited SNAP to join the Federal and State Governments. He sent Ghazali Shafiee to meet with Dayak leaders. James Wong, who was Deputy President, was in Kemunting Camp in October 1974 following complaints by Rahman Yakub (Chief Minister) that he wanted to sell Limbang to Brunei.

Anyway after serious negotiations, on 1 November 1977 SNAP formally joined the government. Endawie who had taken over the presidency of the party was appointed Deputy Chief Minister III and Minister for Local Government. Moggie, Secretary General, MP for Kanowit and State Assemblyman for Ngemah, was appointed Minister for Welfare.

Balan Seling was appointed Assistant Minister for Agriculture and Community Development. In 1978, Moggie was appointed as a Federal Minister, while Balan Seling was promoted to full-fledged Minister for Local Government.

Endawie’s resignation as SNAP president due to differences with Moggie and Tajem opened a floodgate of troubles in the party. Both James Wong, deputy SNAP president and Moggie contested for the top post, resulting in the party splitting into two. Balan was among those who supported James Wong. The split led to the expulsion of Tajem who together with other State Assemblymen and MPs formed Parti Bansa Dayak Sarawak (PBDS) in September 1983.

Balan was then appointed as secretary general of SNAP. In the 1983 election Balan again won his seat of Telang Usan.

But in the 1987 State election, which was called early due to a political crisis famously known as the “Ming Court affair” saw Balan together with Edward Jeli, Michael Ben and Geman Itam joining PBDS which then had left the Barisan Nasional. PBDS won 15 seats and its counterpart, Parti Permas won five seats.

With 20 seats, PBDS and Permas which formed an alliance known as the Maju group failed to dislodge Taib and his government. The Maju group then tried to buy over some of the “shaky” newly elected State assemblymen; and if they could get four of them to cross there would be a tug-of-war situation.

It was rumoured that RM4 million was made available. But their efforts failed. Instead five from PBDS leaf-frogged to Barisan and SNAP, one of them was Balan Seling. The others were Edward Jeli, Michael Ben, Sora Rosah and Geman Itam.

PBDS also later lost Bolhassan (Tatau), Gramong Juna (Machan) and Mikai Mandau (Batang Ai) to PBB.

Balan, Sora and Ben joined PBB, while Edward and Geman returned to SNAP.

Balan’s defection to PBB surprised not only PBDS, but also their supporters who condemned him for his “deeds of betrayal”.

Masing, who was then PBDS publicity chief, had said that there was no way these defectors could be disciplined, adding: “It is up to the voters to discipline the defectors. Their defections were the worst of gutter politics and people change their principle, their conscience at the snap of a finger.”

“Dayaks in this country do not deserve this type of politicians as their leaders. They moved out without discussing it with their grassroots supporters. So they moved as persons, leaving behind their supporters with PBDS,” Masing had said.

After he was dropped from contesting, Balan in 1998 was then appointed as a senator for a term; and he was also appointed as chairman of the Pepper Marketing Board.

Certainly Balan’s passing will be missed by many including his political foes and has been described as a big loss to the Orang Ulu community.

Deputy Chief Minister George Chan regarded him as a leader who put his people first and always looked after the community.

“That is his strong point and that was what he had taught us. All politicians should follow his example as he is the true epitome of a political leader,” said Chan.

Assistant Minister in the Chief Minister’s Department Daud Abdul Rahman said that Balan was a strong supporter of PBB. He was a good leader. His death was a great loss not only to society, but to the party as well. He would certainly not easily to replace.

There are people who still remember him as the man who betrayed the principle and the cause he wanted to serve – the cause of the Dayaks.

Many of his followers and supporters still remember Balan’s words when he attended a function in Bintulu after the 1987 state election, when he said: “We have lost a battle, but we have not lost the war. We are ‘lanun’ (pirates) and we only retreat to sea.

“When I was in the government I climbed in my political career until I reached the top as secretary general of SNAP. But because of my conscience and my ambition for the people, I have come out to fight the people’s cause and to do this I have to start from zero in my political career, that is, just as an ordinary member of PBDS.

“I do not mind sacrificing my secretary general post in SNAP. If I can do that, I believe you all, as my supporters will also be able to bear with me. One day, we will form the government if we all have the same spirit,” he had said.*

Yet on 14 July 1987 (about three months later), he forsook his ideal for a greener pasture when he defected to PBB taking along with him his seat of Telang Usan. Until today the seat is still “owned” by PBB.

His angry supporters accused Balan Sel(l)ing Dayak Orang Ulu to PBB.

“Certainly this is a black spot in his political history,” said a veteran politician, who was his colleague in the days of Sarawak National Party.

This is a legacy that he leaves for posterity, he added.- The Broken Shield.

* Reference page 156 of THE BROKEN SHIELD – The birth of Dayakism by Joseph Tawie.

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

Is Iban a Bumiputra or not?

The Borneo Post today (29 Oct 09) carried a very interesting story of an Iban girl who failed to secure a place in the university as she was considered a non-Bumiputra. Let me produce some relevant parts of the story here:

KUCHING: Getting her Sijil Pelajaran Malaysia (SPM) result was the best – and the worst thing that could happen to Marina Undau.

The 18 year old science stream student of SMK Simanggang scored 9As and 1B in the SPM examination last year.

She thought she was on her way to university, especially being a Bumiputra and all, but that was not to be.

Born to an Iban father and a Chinese mother, Marina’s life was turned upside down when her application to undergo a university matriculation programme was rejected by the Ministry of Education. The Ministry determined that she is not a ‘Bumiputra’.

He dreams were crushed and in the process she lost part of her identity and the drive that that made her a top scorer. With no chance of entering university for now, Marina has started Form 6 in her old school.

Asked what she thought of everything that was happening, she replied: “What worries me is that will this happen again when I pass my STPM next year?” And what confuses Marina more is how her elder sister could further her studies in Universiti Sains Malaysia in Pulau Pinang where she is now in her second year without ever having her identity questioned.

When Marina’s application was rejected, Undau (the father) contacted the Education Ministry’s Matriculation Department in Putrajaya on June 23 and was told that her daughter was not a ‘Bumiputra’.

Dissatisfied, the father, a government servant, wrote to the ministry on July 1 and the reply he got shocked him, and it bound to challenge the identity of many Sarawakians who are born of mixed parentage.

The ministry said in a reply on July 14 that Undau’s appeal was turned down because “the candidate is categorized as non-Bumiputra (father is Iban and mother Chinese)” based on a definition used by the Student Intake Management Division, Higher Learning Department and Higher Education Ministry.

Their definition is as follows:
# Semenanjung - If either parent of a candidate is Malay who is a Muslim/Orang Asli as defined in Article 160 (2) of the Federal Constitution, the child is considered a Bumiputra.

# Sabah – If the father of the candidate is a Malay/native of Sabah as defined by Article 161a(6)(a) of the Federal Constitution, the child is considered a Bumiputra.

# Sarawak – If the father and mother is a native of Sarawak as defined under Article 161A (6)(b) of the Federal Constitution, the child is considered a Bumiputra.

Article 161a of the Federal Constitution

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 a mixed blood deriving exclusively from those races;

• (b) in relation to Sabah, a person who 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 purposes of the definition of ‘native’ in clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kelabit, Kayans, Kenyahs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs dan Kanowits), Lugats, Lisums, Malays, Melanaus, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.

A spokesperson for the National Registration Department here said that in Sarawak, if a person is born to an Iban and his mother is Chinese, he is considered as an Iban according to the race of his father.
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If the Higher Ministry of Education really applies the ruling as it does to Marina, then many of those having native fathers with Chinese as their mothers in Sarawak will suffer. For Marina, her status as a Bumiputra is being questioned and it is made worse by the amendment to the Sarawak Interpretation Ordinance in 2004 when the State Government banned the use of the word “Dayak” in official communication. Thus “Sea Dayak” has been changed to “Iban”, “Land Dayak” has become “Bidayuh” and “Murut” to “Lun Bawang”.

The words “Iban, Bidayuhs and Lun Bawang” are not listed in Article 161a (7) and thus they are considered as non-natives under the Federal Constitution. The legal effects of these are many and Marina when she puts her race as Iban, she is not considered as native or Bumiputra, and should not be accorded any privileges given to natives.

Even now, there are efforts to say that Ibans do not have any native customary rights over land as they are not natives according to the law due to the amendment to the Interpretation Ordinance. When the bill was passed, our Dayak elected representatives including Alfred Jabu, William Mawan, Michael Manyin and James Masing were too eager in supporting the amendment in 2004. They did not realise the legal implications.

From now on, it is advisable for Iban when filling a form asking for race, to write down “Iban (Sea Dayak)” to ensure that they are not going to be disqualified. I believe Marina could have been a victim of the doing of our elected representatives.

Since the story has been highlighted by The Borneo Post, our leaders like Jabu, Masing and Mawan should do something to help her and many others by urging the authorities to relax the conditions of entry to matriculation, etc. These students really need their help since they (ministers and our elected representatives) are walking along the corridors of power and rub shoulders with the powers that be. If they can do this, then they really help Prime Minister Najib Razak in his campaign of 1Malaysia. Otherwise the 1Malaysia is a mere lip service.

These are the issues that our Ministers – Jabu, Mawan, Masing and Manyin – should be very vocal and firm in fighting for the rights, the future and livelihood of the Dayaks rather than shouting at the top their voices on petty issues such as “cawat” “sirat” (loin clothes) or Miss Dayak Borneo pageant contest.

Don’t you think so? – The Broken Shield

Source: www.thebrokenshield.blogspot.com