Two interesting news items

Two interesting news items appeared in The Borneo Post and in the Star on 4 November (Thursday) which the readers of this blog may want to comment.

(1) Bayoi warns Opposition not to raise land issues

In The Borneo Post, Frederick Bayoi Manggie (BN-Kedup) yesterday issued a stern warning to those still raising land issues to fish for votes and support.

According to him, land was no more an issue and those who persist in raising the issue to incite hatred against the BN government face the risk “of being chases away from the kampongs”.

“I suggest that those who always use land as an issue to stir the people’s mind to hate and reject Barisan Nasional to stop it right away because once you use this issue of this nature, you will be chased away from that kampung,” Bayoi said when debating the 2011 state budget which was tabled by Chief Minister Pehin Sri Abdul Taib Mahmud on Monday.

He commended the initiative of the federal and state government to survey native customary rights (NCR) land which will start at the end of this year.

“All the owners of native customary land in the state have all these years been waiting and expecting the government to survey their land which is very precious and dear to them,” Bayoi said.

“It is hoped that there will be no or fewer land problems in the rural areas.”

Bayoi also appealed to the government to get rid of red tapes whenever villagers apply for their lands to be surveyed.

“Our people now have high expectation of BN to survey their native customary right land. Please kindly do not fail to meet this high expectation.

“If there are technical problems which may cause delays in surveying their land, please help them to rectify the problems in a very diplomatic manner so that the people will always be happy and have high confidence in our government to them.”

(2) Verify land with dept first

In the Star, Community leaders or “tuai rumah” found certifying transactions for native customary rights (NCR) land without verifying them with the Land and Survey Department will be taken to court.

Planning and Resource Management Assistant Minister Mohd Naroden Majais told the State Assembly yesterday that these community leaders would be charged under Section 210(e) of the Land Code which carries a fine or a jail term.

“The worst scenario is when these “tuai rumah” certify the wrong land which could belong to others, causing disputes and quarrels,” he said during question time.

He said for joint venture projects, landowners and investors should consult the department first to verify the status of a particular parcel of land to avoid running foul of the law.

“Investors would risk losing big,” Naroden warned.

“Furthermore, for any genuine NCR land, the investor must be either a native or have been deemed a native for the purpose of developing the land under the provision of the Land Code. Otherwise the agreement would not be proper".

Naroden said this was why the government encouraged NCR land to be developed under the new development concept in which the Land Custody Development Authority was entrusted as the managing agent. – The Broken Shield

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

Awang Tengah criticised

KUCHING – Sarawak Opposition leaders and activists today criticised Awang Tengah Ali Hassan, Second Minister of Planning and Resource Management for asking the Auditor General to amend its Annual Report for 2008 as the report cited Sarawak along with Kelantan, Pahang and Johor to have poor forest management that led to river pollution, erosion, landslides and destruction of flora and fauna.

The report which also mentioned illegal logging, logging in forest reserves or national parks and poor enforcement as some of the factors responsible has made the minister unhappy and demanded that the report be corrected.

A DAP leader Voon Lee Shan, who is the Batu Lintang State assemblyman said that Police and MACC reports should be made against the minister for trying to influence the Auditor General to change the report.

“This is an abuse of power and intimidation against the Auditor General. Police reports as well reports to MACC should be made,” he said, pointing out that the AG made the report based on the principle of authority and accountability.

The AG, he said, should be firm and should not be influenced by any quarter.

A PKR Sarawak leader and State Assemblyman for Padungan Dominique Ng accused Awang Tengah of trying to fiddle with the report. The AG, he said, has certain procedures and guidelines to follow in making their reports

“Unless the Sarawak Government is saying that the reports are without any basis and are wrong, then the minister is questioning the credibility of the AG.

“The Sarawak Government should spend time and effort to find out the truth instead in a denial mode. Didn’t they also deny the Penan rape cases?

“They are only trying to cover up atrocities now being committed in our lands,” Ng stressed.

Harrison Ngau, chairman of Sarawak Indigenous Lawyers Alliance (SILA), said that Awang Tengah should not attempt to question let alone dictate how the AG which is an independent body carries out his works or functions.

“If Awang Tengah wants the AG to change or amend its reports on the subject of forest management in Sarawak, other parties such as the native communities who live within or around the logging areas would also want their views to be included in the AG reports.

“I would also want to suggest to the AG to look into the reasons why environmental impact assessment study on loggings in Sarawak as required under the Natural Resources and Environment Ordinance was never carried out by the logging companies in the State?

“I wish also to challenge Awang Tengah to furnish to the AG copies of all the areas in Sarawak which have been licensed out for logging since 1981 and to reveal the names of the companies granted the licences.

“He should disclose all these to the AG to enable him to also study and annex the maps and the names of the companies in the AG reports so that the public can also make their assessment and give their views to the AG concerning the management of our forest in Sarawak.

“If Awang Tengah is so confident that AG was wrong in concluding that the management of our forests is poor, he should therefore have the courage to disclose all these,” Harrison said.

The Secretary General of Sarawak Dayak Iban Association (SADIA), Nicholas Mujah called on MACC to investigate Awang Tengah as there seems to be fishy elements on his call on the AG to amend his report.

“MACC must look into Awang Tengah’s call,” he said.

Meanwhile, Awang Tengah who is the most powerful minister after Chief Minister Abdul Taib Mahmud, demanded the Auditor General to make correction with regards to its reports on Sarawak’s sustainable forest management as it was misleading and incorrect.

“The Auditor General has to make the correction for fear that outsiders may use the report to tarnish the image of the state,” he said, adding that the final report was based on their (AG’s) own interpretation and not based on the reports, findings and comments from the Forest Department.

“If they want the interest and image of the State not to be affected internationally, they should make the necessary correction,” he said.

He said that the National Audit Department had actually requested for comments from the various departments before the AG made the final report.

“But in the final report they simply set aside whatever comments that we have gathered. The Forest Department was even not consulted when the final report was published.

“We do not question their competency on financial management such as how projects are implemented as that is their expertise. But to comment on certain things like sustainable forest management, I don’t think they have the expertise. They cannot come to the conclusion based on their own observation. For instance just because the water is muddy they blame it on illegal logging and pollution. You can’t make that kind of conclusion,” said Awang Tengah angrily.

“If they have the expertise to make the comment, it is okay, but I believe they don’t have it,” he said, pointing out that Sarawak had been practising sustainable forest management since the formation of the Forest Department and had been credited by international organisations, ITTO, and the United Nations.

Meanwhile, Prime Minister Najib Tun Razak has announced the setting up of a high powered task force to study the 2008 Auditor General report and initiate appropriate actions against those responsible for financial irregularities and abuse of power mentioned in the report.

“The committee will not only look at the abuse of power and initiate action against those found involved in financial irregularities but also take administrative actions against those found guilty but could not charged in court fro various reasons,” he said.

The task forced to be headed by the Chief Secretary to the Government Mohd Sidek Hassan would also include the Finance Secretary General Wan Abdul Aziz Wan Abdullah, Public Services Department Director General Ismail Adam and the Auditor General Ambrin Buang himself.

They would have the power to rope in Attorney General Abdul Gani Patail and the Malaysian Anti-corruption Commission (MACC) if the need arose, he said.

Following Awang Tengah’s complaints against the AG, don’t you think Awang Tengah or someone from the Forestry Corporation to be interviewed by the task force for possibly abuse of power? - The Broken Shield

Source: www.thebrokenshield.blogspot.com

Should Dayak Ibans continue to build longhouses?

Sidi Munan, President of Sarawak Dayak Iban Association (SADIA), in his weekly column, UNCLE DI, in the Sunday Borneo Post, posed this question.

“If we are really concerned with the regular occurrences of fires, let us brainstorm these questions: Should or should not the Dayak Ibans continue to build longhouses? Will it not be more sensible or practical of them to opt for single houses?

He listed the following points in favour of single houses:

1. Reduce the risk of mass destruction by fire,
2. Easier to keep clean,
3. Freedom of choice for the individual in terms of size of room,
4. Freedom of choice of colour of the walls or the roof,
5. Sufficient space for landscape suited to individual taste, and
6. Animal rearing and protection- fencing.

The following points in favour of building new longhouses:

1. Cultural heritage,
2. Ample space for observation of customs and traditional practices,
3. Security of inhabitants under one roof, and
4. Close rapport among inhabitants.

Sidi suggested that Government should conduct a series of seminars during which frank views are allowed in respect of the merits and demerits of the above questions.

“Invite representative of the victims of recent fires as participants, community leaders, representatives from the Ministry of Housing and the Bomba to these talks. Local architects and insurance agents may be interested to observe the proceedings.

“During the seminars causes of fires in each particular case – human carelessness, defective wiring, etc may be disclosed. Their effects are not hard to imagine.

“We are not, by any stretch of the imagination, suggesting that the existing longhouse should be pulled down. We are talking about a ban on constructing NEW buildings,” he said and added: “These are some of my views. Your views could well be much better than mine”. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Entulu under fire

THE PANEL SPEAKERS (left to right): Sidi Munan, Dr Elie Luhat, Datuk John Tenewi Nuek, Assoc. Prof. Dr Andrew Aeria (moderator), Mering Wan & Dr John Brian

Deputy Minister for rural and regional development Joseph Entulu was severely criticised at a forum today (11 July 2009) for suggesting that the term “Dayak” be dropped as its connotation was uncivilized, uncouth and low class.

The forum, should the term ‘Dayak’ be dropped, was organised by The Borneo Post in collaboration with the Sarawak Dayak National Union (SDNU).

Five panel speakers addressed some 150 participants, the majority of them were professionals, pensioners, businessmen and university students.

SDNU publicity chief Dr. John Brian Anthony said that the term “Dayak” was used anthropologically to describe the natives of Borneo.

He said: “It is sillier to suggest dropping the term ‘Dayak’. He must be drunk. Otherwise he is playing to the gallery of those who are against the term ‘Dayak’.

“It is our intention to bring all the natives together under the name of Dayak, but there are people who think that the Dayaks are threat. That is why Malaysian Dayak Congress (MDC) cannot be registered because it is considered a security threat to the nation,” he said.

SDNU which was formed in 1956 was considered as opposition organisation and because this organisation was being punished and no financial aids were given to it, he said, pointing out that the government gave funds to Dayak Bidayuh National Association (DBNA), Orang Ulu National Union (OUNA) and other NGOs in order to spite SDNU.

It seemed, he said, that Entulu was given the job of bashing the Dayak community.

Next speaker was Sidi Munan, president of Sarawak Dayak Iban Association (SADIA), who said that the dropping of term to say the least was stupid and lack of understanding of history.

“I am wondering whether it is a government proposal. It looks like it. It may be slip of the tongue, but coming from the heart,” he said.

Sidi recalled an incident in 1967 in which someone suggested that the term ‘Dayak’ be dropped.

“And there is something more than meets the eye,” he said, and warned of the legal, political and cultural implications and consequences especially in respect of I Malaysia concept.

“There will be no gawai Dayak and the Federal Constitution need to be amended. Thus it is more good than harm to retain the name in this context,” he said.

Presenting his views next was Dr. Elie Luhat, deputy president of Sarawak Dayak Graduates Association (SDGA).

He said: “If you want to get rid of the word ‘Dayak’ we are doing the work of others, that is, ‘ethnic cleansing’.

“And my advice to politicians is that if you proceed with the proposal to remove the word ‘Dayak’ you are creating problems and issues that will cause you to commit political suicide," Elie said.

Former Ambassador to Myanmar, Venezuela and Mexico, Datuk John Tenewi Nuek said that he was proud to be a Dayak and had never been humiliated for being so, pointing out that he traveled to several countries in his capacity as an officer of the foreign service.

He said that it was politically wise to retain the name as it provided a common umbrella for the various native groups to work and strengthen their political unity.

“Why should we change the word ‘Dayak’ which is already a brand name which gives us the best marketing strategy? Dayak is synonymous with Borneo.

“Dropping the name will be a step backward from the political, economic and cultural point of view,” he said.

Mering Wan from the Orang Ulu community said that he was proud to be a Malaysian, and prouder still to be a Dayak.

When the forum was opened to the floor, several participants spoke against the decision to change the term ‘Dayak’. - The Broken Shied

Source: www.thebrokenshield.blogspot.com

Dr. John Brian Anthony, publicity chief of SDNU and owner of Dayakbaru.com receives a memento from Mr M. Rajah of The Borneo Post

When will we ever learn?

Source: http://www.theborneopost.com/?p=52941

The sad story of 200 folks from three longhouses – Rumah Anchoi Abit, Rumah Melaka Gana and Rumah Samsudin Sumping – located three and half kilometers from Machan Bazaar, Kanowit, is very well highlighted by The Borneo Post page 6 dated 8 June 2009.

These longhouses are accessible by boat through the Kanowit River which is their main source of water for sanitation and washing purposes. Most of the longhouse folks cast off their junk into the river as they have nowhere else to dispose them.

“We have been waiting for so long for the government to bring clean water supply to our longhouses,” said Ringgit Injing to the paper.

Sometimes, he said, they would go to Machan with big buckets to ask their relatives for clean water.

The folks of Rumah Samsudin Sumping claimed that in 1996 officers from the Kuching Water Board went to take samples of the water in Sungai Kanowit to determine its quality.

Said Ringgit: “They said that within six months after taking the samples, clean water supply would be possible, but until today, after 13 years, we have yet to see it.”

He said that every time there were events or festive occasions like gawai, the folks would walk to the nearby river bank to get water for washing and to go to Machan to get their drinking water from shop house owners or relatives residing in the area.

According to a villager, Mad Injing, 68, they have been doing this for last 50 years. “We asked through our YBs to provide piped water to our longhouses, but somehow our request went unanswered. Our YBs had sent hundreds of letters requesting for clean piped water from the authorities with no response.”

“How many more Malaysia plans (MP) would we have to go through before piped water can be channeled to these longhouses?” the people asked.

Yes how many more elections the people of the three longhouses have to vote for the Barisan Nasional candidates/YBs?

Being BN strong supporters, you know that you have been cheated; you know that they have broken their promises? But why are you continuing to elect your YBs, and in directly, elect the State government?

When will you, the people of the three longhouses, ever learn?

Even the newly elected YB for Batang Ai Malcolm Mussen Lamoh has started to worry that the BN State government may not fulfill its by-election promises.

According to The Borneo Post page 6 dated 9 June, Mussen said: “As the newly-elected representative in the area, it is my fervent hope that all the projects promised during the election be implemented as quickly as possible as a gesture of saying thank you to the voters.”

He said the projects totaling more than RM70 million would definitely give a great impact to the people in the area.

Why Mussen is getting worried is because the state election is around the corner. It may be held any time between year-end to mid-2011. So if the BN fails to deliver its promises between now and 2011, it may affect his chances in the State election.

But will they also ever learn after being cheated election after election? – The Broken Shield

Source: www.thebrokenshield.blogspot.com

State government: Protector or robber of NCR land?

Source: The Borneo Post, 4 March 2009

(click picture to enlarge)

Lubok Antu MP William Nyallau, first time elected representative, thinks that the State government is the protector of NCR land. He says that he wants NCR land to “remain as such so that they can be best protected by the government”.

And he does not want NCR land to be delineated, surveyed and issued titles, despite the Ibans begging for the government to survey their land for the past 45 years.

Maybe Nyallau do not fear or do not know Awang Tengah Ali Hassan, who is the most powerful Second minister of resource planning and management, but tens of thousands of Dayaks who own NCR land do know and are dead scared of Awang Tengah. They even call him Awang TANAH, who says that all untitled lands including NCR land are State land.

“Nyallau speaks through his nose,” said a PRS supreme council member who did not share Nyallau’s proposal.

Nyallau’s reasoning is that if such lands are to be surveyed and given titles, the Ibans will sell their land.

“How many titled lands have been sold off since the 1980s? Check with the Land and Survey department,” he said to The Borneo Post dated 4 March 2009 (see newscutting above).

But what is wrong with selling your land if you need the money to send your children for higher education or for business. Chinese, Malays and others are doing the same thing.

Indeed it is better to sell your land and be paid the price agreeable to both sides, rather than your NCR land being taken away and are sold to big companies for oil palm plantations. This is what happens now. Up to now more than half of 4 million NCR lands have been taken away for the planting oil palm.

Not only the land owners do not receive a cent out of their land, they are being criminalized for defending their land, while others have resorted to take legal actions against the government and companies to claim compensations.

Now coming back to the question: Is the State government protector or robber of State land?

The voters of Batang Ai who will be casting their votes for the by-election on 7 April will be able to answer this question. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

SUPP has never neglected interest of Dayaks: Dr Chan ~ ref. The Borneo Post

Dear readers,

The following article entitled "SUPP has never neglected interest of Dayaks: Dr Chan" was published in The Borneo Post today, 24 December 2008 (page 3).

The article was in response to my posting in this blog entitled "What is the Dayaks' role in SUPP?" (22 Dec 2008) and was later republished in Malaysiakini news portal. Click here.

As Christmas is approaching, I will taking a few days 'leave' before I response to the news report. In the meantime, I would like to hear some comments from my valued readers on this issue.

Thank you & have fun!

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