NGOs condemn the arrest of seven NCR land owners

SIMUNJAN: Four non-governmental organisations (NGOs) have condemned the Police for the arrest of an activist, four longhouse chiefs and villagers on Thursday (21 October) and described such action as an act of intimidation and abuse of power by the authorities.

”We in Borneo Resources Institute (BRIMAS) view the recent arrest of seven Ibans from Sebuyau as an act of intimidation by the authorities. We believe that Nicholas Mujah and the other six villagers are wrongly accused of mischief.

“This is not the first time that the indigenous communities in Sarawak are accused of committing such a crime.

“Why do the police only decide to act now when numerous police reports were lodged by the villagers against the encroachment of the logging company, and no action was taken then?” asked Mark Bujang, BRIMAS executive director.

Bujang called on the Malaysian Anti-Corruption Commission (MACC) to start investigating as to how the logging licence was issued to the company especially if it is true that Chief Minister Abdul Taib Mahmud's sister, Raziah Mahmud is involved.

The Natural Resources and Environment Board (NREB) should also check whether any Environmental Impact Assessment (EIA) study has been done and approved for the logging activities, said Bujang.

“We find it a bit suspicious about the burning incident when Quality Concrete logging licence is about to expire this November,” he said.

Romuald Siew, President of Jaringan Tanah Hak Adat Bangsa Asal Sarawak (TAHABAS) also condemned the arrest of the villagers.

"Our communities have been oppressed and our rights neglected and trampled upon for too long.

“This is just another example of where the rich and powerful are bullying the natives so that they can become even richer at the expense of the natives,” he said.

"We stand in solidarity with the communities in Sebuyau, and demand that the authorities would release the seven Iban villagers immediately," said Siew.

Adrian Lasimbang, President of The Indigenous People Network of Malaysia (JAOS), while condemning the arrest, said that the non-recognition of their rights to NCR land will cause the loss of biodiversity and deforestation.

Rundi condemned

Two non-governmental organisations have slammed Assistant Minister for Public Health and Utilities Stephen Rundi for discouraging the natives from exercising their legal rights by taking their native customary rights (NCR) land disputes to court.

“The statement from Rundi shows how the state government under the current Barisan Nasional regime is not sincere about respecting and recognising the natives’ right to their customary land and resources and continue to make statements aimed to confuse the natives for their own selfish political agenda,” said Romuald Siew, president of Sarawak Native Customary Land Rights Network (Tahabas).

He was commenting on the statement by Rundi, who is the state assemblyman for Kemena that the best and the most effective way for the locals to claim Native customary rights (NCR) land is by submitting their applications to the government.

“Doing it through the courts would only benefit the lawyers,” he said, pointing out that he does not deny that the natives have rights to use the legal channels.

“But the best solution, which involves only a minimal cost would be to apply to the government,” Rundi said.

Responding to this, Siew said: “The natives have tried time and time again to get the government to recognise and respect our NCR, but most of the time the government could not be bothered.

“We have tried all the possible official channels including writing numerous letters, petitions and memorandums to get the state government to solve our land disputes and to get recognition and respect for our NCR.

"Some communities even did direct actions such as erecting blockades on their land or demonstrating peacefully, but until today, the government either ignores us or dismisses our claims,” said Siew.

“Now, where can the poor community seek redress for their NCR land problems? Of course, they have no choice but to engage a lawyer in order to seek redress through the legal channel.

“It is time consuming and costly for the natives, but what choice do they have when the government not only refuses to entertain their claims but keeps on arbitrarily issuing provisional leases to the big companies over their NCR land,” lamented Siew.

The Tahabas president said: “If the government is sincere, as a start Rundi should first look at the document titled, ‘Composite Plan Showing Distribution of Farming Land in Suai-Niah-Sibuti’ and use that as a reference to gazette the communal land boundaries of NCR areas in the Suai-Niah-Sibuti areas.”

Mark Bujang, Executive Director of Borneo Resources Institute (BRIMAS), pointed out that in the Baram District, the Brooke and British Colonial Administrations had recorded the communal land boundary of the NCR lands of the longhouses there in the ‘Register of Land Boundaries’ kept in the District Office, Marudi until today.

Mark also echoed the sentiments of TAHABAS to urge the government to also gazette the communal land boundaries immediately based on the records in the Register.

“As for areas where the communal land boundaries are yet to be recorded, the government should make its own efforts to go to the ground and assist the natives to record and gazette their boundaries,” said Mark.

Mark added: “Since the Courts have already decided that the communal land boundary of the NCR lands of the natives is based on or defined by the ‘antara’ or ‘garis menoa’ of their longhouses, the government should therefore comply with the said decisions by the Courts and immediately conduct joint ground surveys with the natives to identify and then gazette the communal land boundary of their longhouses.”

Can the government be charged for contempt of court when it (the government) refuses to comply with the court decisions? – The Broken Shield.

Iban farmer arrested for defending his NCR land

Matek Anak Geram, an Iban farmer, a member of TAHABAS (Sarawak Native Customary Rights Network) and Committee Member of Jaringan Orang Asli SeMalaysia (JOAS) was arrested by the police on 13 August 2009 for the crime of allegedly restraining the workers of an oil palm plantation.

Unarmed, he was taken into custody by 10- fully-armed police personnel at 8.45 am and detained for two hours at the Mukah Police Station and charged for allegedly wrongfully restraining the workers of an oil palm plantation company, Saradu Plantations Sdn. Bhd. under section 341 of the Penal Code before being released on bail.

For over a year, Matek and his immediate family have been guarding their property against Saradu Plantations who have been encroaching on their native lands.

In individual shifts, they have blocked an access road built on their land.

JOAS questions the heavy use of force and intimidation against one unarmed man and calls for neutrality of the state infrastructure in this legal dispute between the private company and indigenous peoples.

Saradu Plantation Sdn. Bhd. is a Sarawak oil palm company, which has been given 15,000 hectares of land by the state government to develop oil palm in Balingian.

Saradu is also linked to the Sarawak Chief Minister as his brother-in law, Robert Geneid and sister, Raziah Mahmud are majority shareholders of the company.

JAOS said: “Matek Geram’s case is just one of hundreds of land encroachment and conflict cases between indigenous peoples and oil palm plantation companies in Sarawak.

“In light of this, JOAS reiterates its support for the recent call from TAHABAS and other indigenous peoples organisations for a moratorium on plantation development projects.

“JOAS reiterates its position that the State Government-issued provisional leases are encroaching illegally into our constitutionally-recognised customary lands and forests.

“Until the government moves towards a meaningful solution with the full and effective participation and consent of indigenous peoples, incidences like Matek Geram will continue to take place throughout the state, to the detriment of the rights of indigenous Sarawakians, the sustainable development of the Sarawakian population and the image of the state of Sarawak and Malaysia,” it said.- The Broken Shield

Source: www.thebrokenshield.blogspot.com

Leasing NCR land to plantation companies is illegal

The acts of the state government in issuing provisional leases over NCR land to plantation companies are illegal without the prior consent of the land owners, says Michael Jok, who represents several indigenous peoples organisations.

The organisations included Jaringan Tanah Hak Adat Bangsa Asal Sarawak (TAHABAS), Jaringan Orang Asal SeMalaysia (JOAS), Borneo Resources Institute Malaysia (BRIMAS), PACOS Trust Sabah (PACOS), Persatuan Wanita Desa Sarawak (WADESA), Sarawak Dayak Iban Association (SADIA) and SPNC and Orang Asli community Reps (Peninsular Malaysia).

In a joint statement issued to commemorate the international day of the Indigenous peoples of the world on 10 August 2009 which was held in Miri, Jok said: “We call on the state government to stop large-scale plantations and other activities on indigenous lands until effective measurers to safeguard their rights and the environment are in place.

“We are deeply concerned that the state government has issued licences for planted forests plantation over as large as 1,397,644 hectares in three areas of Belaga, Kakus and Tutoh.

“This still does not include oil palm plantation. Some of these forest plantation estates are established within the NCR land and water catchment areas of the native communities,” he said.

Jok said: “We are calling on the government to stop this arbitrarily issuance of provisional lease to any private companies for the purpose of plantation development projects. The companies that have been given the PL have encroached illegally into the NCR land of the native communities.

“The effect of this has resulted in disputes over rights to the land and resources. The acts of the state government in issuing provisional leases over NCR land are illegal without getting the prior consent of the natives.

“We strongly urge moratorium on any plantation development projects and call on the government to immediately bring about meaningful solutions to all these land disputes and land rights,” he said.

On the exploitation of timber, Jok said that over the past decades our indigenous communities have faced turbulent survival as a result of our forests being continuously exploited by timber companies.

“Logging has destroyed our fundamental existence of living, the plant varieties including medicinal plants, animals and fish have either become threatened or extinct.

“The bulldozed forests cannot be planted with crops as soil is compacted and disturbed; crop harvests are reduced and rivers on which the people depend for water became polluted.

“Forests produce become scare which threatens the survival of the people who have depended on it for hundred of years,” Jok said, adding that in Sarawak, native communities are yet to face the worst in the future.

He said as the sunsets on the timber industry in Sarawak, the state government energetically seeks to diversify and broaden its revenue base via land development for oil palm plantation and large scale trees plantation.

“This land development means taking on time and again the various indigenous communities on their native customary rights (NCR) lands and forests within our respective ancestral territories,” Jok said.

The state government considered all NCR land as “idle land” in need of large scale development to be brought to the native communities in order to alleviate their poverty.

This argument, he said, was used to promote logging in the 1970s and is now used to justify the introduction of oil palm plantations and industrial tree plantation.

“After more than three decades of extensive loggings and deforestation why are that most of our people living in the interior are now worse off than before?” he asked. - The Broken Shield