Sunday, August 5
See Chee How demands apology from Jabu
Wednesday, July 25
Taib’s policy on land drives investors away?
Thursday, May 10
Court rulings strengthen native rights on NCR
KUCHING: The recent court victories of native customary rights (NCR)
landowners against oil palm companies should serve as important lessons and
precedents to would-be investors.Thursday, December 1
SPDP is the latest victim?
“This is because the two parties are getting weaker due to internal conflicts,” said See Chee How, vice-president of Sarawak PKR.
“SUPP and SPDP are the latest victims to fall prey to PBB’s ploy to weaken state BN in order for them to remain weak and dependent on PBB,” he said when asked to comment on the current political developments in the state.
“Both Baram and Mas Gading seats allocated to SPDP as well as its Saratok and Bintulu seats are now tough seats for BN,” he said.
Similarly SUPP’s allocation of seven parliamentary seats of Serian, Stampin, Bandar Kuching, Sibu, Lanang, Sarikei and Miri are weakened by the internal conflicts in the party.
Bandar Kuching and Sibu are already in the hands of DAP.
In their current political situations, both SUPP and SPDP are vulnerable to ‘aggressive’ attacks by Pakatan Rakyat in the coming general election.
SUPP for instance, almost all the 43 SUPP branches that held their meetings in the last week or so have one problem or another as the line is clearly drawn between the supporters of Peter Chin, Organising Secretary and Wong Sook Koh, Deputy Secretary General.
Chin and Wong are fighting one another for the party’s presidency in the coming triennial delegates’ assembly (TGA) scheduled from December 8 to 10, 2011.
SUPP has a two-tier system of electing their leaders.
The branch will elect 600 delegates to the TGA, who will in turn elect 133 central committee members. The CC members will in turn elect the principal office-bearers.
As electing delegates are extremely important, branch leaders have resorted to under hand tactics against each other in their bids to ensure who would be elected as delegates.
In branches known to be supporters of Chin, they were overzealous to find “irregularities and faults” with those who are supporting Wong.
Similarly branches supporting Wong have also tried to find ‘problems' against Chin’s supporters.
In Sibu, Dudong branch revival committee tried to stop the Sibu branch under the chairmanship of Wong from holding the branch meeting by resorting to court injunction, but the Sibu branch successfully fought against the injunction.
In Kanowit, there was almost a fist fight between supporters of the two leaders. Troubles also occurred in branch elections in Sarikei, Kuching, Miri, and Lundu.
What Sarawak Pakatan Rakyat sees in SUPP is that it may not be able to recover from the internal bickering when the next general election is held no matter whoever wins the presidential race.
As for SPDP, the sacking of Entri from SPDP and the dropping of the three-term MP Tiki Lafe from contesting the Mas Gading seat, both of whom are members of RENTAP (formerly known as SPDP 5), are not only worsening the crisis in the party, but are certain also to have some bearing in the Mas Gading and Baram parliamentary seats.
Even its Saratok and Bintulu seats are shaky.
Whoever is going to be nominated in the Mas Gading seat is going to have a tough time trying to win over Tiki’s staunch supporters.
In the event of a straight fight between the candidates of BN-SPDP and Pakatan Rakyat, both sides have an equal opportunity to win.
Assuming there will be a three-cornered fight with Tiki representing RENTAP, a SPDP candidate and PR candidate, the BN leadership may adopt a formula first used to solve claims over constituencies between Sarawak National Party and Parti Bansa Dayak Sarawak (both members of BN) in the 1983 state election.
The formula will allow SPDP and RENTAP to have a free for all in the four parliamentary constituencies. The BN leadership in the midst of the election may have to choose who has a better chance to win: SPDP or RENTAP.
In the case of the 1983 state election, Chief Minister Abdul Taib Mahmud declared his full support for PBDS’ candidates and accused SNAP as the ‘enemy number one’.
SNAP was the biggest loser.
In the Baram parliamentary constituency, SPDP’s Jacob Sagan has been named to be the candidate to defend it. Judging by the hot issues concerning the construction of the proposed Baram dam, which the Kayan, Kenyah and Penan communities are strongly against it, Sagan may have some problems with the 13, 623 voters in the Telang Usan, a part of the Baram constituency.
Previously, he defended so much from 13,093 voters from the Marudi constituency to win big. About 90% of them are Iban voters.
But now the Marudi voters who are Entri’s strong supporters are against Sagan who is aligned to President William Mawan Ikom.
In last month’s function, Mawan and Sagan needed the help of Deputy Prime Minister Muhyiddin Yassin to be able to visit Ulu Teru in Marudi where the Iban voters were trying to stop them from ‘disturbing’ the longhouse residents.
At Rumah Ela in Selulit, Tinjar, Marudi, last Saturday, more than 2,000 people including 88 longhouse chiefs and councillors have expressed their strong support for Entri.
Also present were other RENTAP members – Peter Nansian, Tasik Biru assemblyman, Paulus Gumbang, Batu Danau assemblyman and Rosey Yunus, Bekenu assemblywoman. Tiki Lafe was unable to attend as he had a function Bau.
Condemning Mawan for sacking Entri, Councillor Kalang Kimie said: “Our Marudi assemblyman stood and won on a BN ticket, and his sacking is a show of total disrespect to the leadership of Prime Minister Najib Tun Razak and Chief Minister Abdul Taib Mahmud and the mandate of the people.
“Sacking the party’s elected representative who had won with the biggest majority in the last election and acting against the others is tantamount to a hidden agenda. Every political party wants to have as many YBs as possible, now throwing them out would weaken the party,” he said.
SPDP’s two other allocated parliamentary seats, Saratok and Bintulu, are also tough seats if the crisis in the party persists.
The incumbents are Jelaing Mersat, (Saratok) and Tiong King Sing, (Bintulu) who are in Mawan’s camp and they too have been named to defend their seats.
“If the results of the last state election are of any indication, Saratok and Bintulu are in deep trouble,” said a political observer.
The Krian seat which is the other half of the Saratok parliamentary seat has been won by Ali Biju of PKR with a big majority. The other half is Kalaka seat.
In Bintulu, Tiong’s position is also precarious. The combination of the majorities (6,477)) obtained by BN in Jepak and Kemena are far less than the majority of 6,930 votes obtained by DAP in Kidurong.
As See, the Batu Lintang assemblyman said: “The Pakatan Rakyat is keenly watching what is happening in SUPP and SPDP.
“We expect to gain by their conflicts,” he said.
Sunday, July 17
Another victory for native landowners
KUCHING: The High Court in Kuching last Friday (15 July) declared as null and void the issuance of the Forest Timber Licence No. T/8329 to the Standard Point Sdn Bhd in native customary rights lands which are owned by more than 500 Ibans of Kampung Sungai Merah, Pantu.
The court presided over by Judge Sangau Gunting further ordered that the plaintiffs’ NCR precludes the first defendant (Standard Point Sdn Bhd) and second defendant (Roundtree Timber Sdn Bhd), from impairing or abridging the plaintiffs’ rights and a prohibitory injunction against both companies restraining them from trespassing, entering, clearing, felling and/or occupying the plaintiffs’ said NCR Land.
The court also declared that the 4th defendant (the Superintendent of Lands and Surveys Sri Aman) and the 5th defendant (Sarawak State Government) take cognizance of such NCR and to enter and record in their Land Registry such right and thereafter to issue title to the said Land in accordance with the Sarawak Land Code.
The companies were ordered to pay agreed costs of RM20,000 to the plaintiffs within one month from Friday July 15, 2011.
On the other hand, costs by the Superintendent of Lands & Surveys Sri Aman, the Sarawak State Government and the Sarawak Forest Director were ordered to be taxed by the Court unless parties come to an agreement on it.
The order was made following a legal suit filed by the plaintiffs, Martin Ak Lindang, Biju Ak Nyelang and Buang Ak Jala and 500 natives from two longhouses of Rumah Musih and Rumah Usek, against the two companies, the Director of Forests, the Superintendent of Lands and Surveys Sri Aman and the state government for encroaching into their ‘pemakai menua’ which has been ruled as their NCR land.
The order was also based on consent order that was entered on February 25 before Datuk Linton Albert for a declaration that the plaintiffs had acquired native customary rights (NCR) over the Land known as ‘pemakai menua’.
In their statement of claims filed in 2007, the natives claimed native customary rights over the said land as their ancestors were the first settlers in the area.
In March 2006 the plaintiffs found out that the first defendant had encroached into their land to extract timber destroying their farms, which are the source of their livelihood, and causing extensive damages and soil erosion on their land.
In Friday’s hearing, after six witnesses of the plaintiffs had given their evidence the two parties have decided to settle the matter amicably.
Judge Sangau then recorded a consent judgment and made his ruling for the NCR land case litigated earlier before Datuk Linton Albert (now a judge in the Court of Appeal).
Commenting on the case, See Chee How of Baru Bian Advocates who acted on their behalf said that the native landowners have added their names to the list of proud native plaintiffs in Sarawak who have successfully defended the native customary rights land.
“It is not only another victory, but a great victory of the natives,” he said.
Esther Wong Zhi Hua represented the companies while State Legal Officer Zainuddin Bin Hussaini represented the Superintendent of Lands & Surveys Sri Aman, the Sarawak State Government and the Sarawak Forest Director.
There are more than 200 NCR land cases that are pending hearing at the High Court, and many more are waiting to be filed.
The Baru Bian Advocates alone is handling more than 100 cases.
This victory should serve another eye-opener to the state government which has been accused of taking away NCR land which also includes ‘pemakai menua’ and ‘pulau galau’.
Saturday, July 2
Debate speech by YB See Chee How
Debate speech by See Chee How, State Assemblyman for Batu Lintang, on 23rd day of June, 2011 on the Motion to Appreciate the TYT’s Address delivered on 21 June 2011
Dato Sri Speaker,
Thank you for allowing me to participate in this debate on the Motion of appreciation to his Excellency Tuan Yang Terutama Yang Di Pertua Negeri’s Address on 21st June, 2011 and at the same time to raise some issues in this August House.
I am grateful to the voters of Batu Lintang for electing me to this House. I have given my solemn oath in this legendary Dewan to discharge my duties and serve to the best of my ability, the interests of the state and the country. I am proud of it, to represent the constituents in Batu Lintang who have all registered their faith in our Pakatan Rakyat, as the way forward for this great state and country that we all loved.
Dato Sri Speaker, it is undoubted that the BN had scored a huge victory at the just concluded Sarawak State Election. To that, I congratulate YAB and his BN team.
However, it is also an irrefutable fact that the Oppositions had scored a resounding victory of securing 45% of the popular votes polled. Had the democratic principle of one constituent one vote be followed and practiced, the Opposition should have won 31 seats in this Honourable Dewan.
The 2-coalitions system has now taken shape and Sarawak has certainly progressed in our democratic process.
But, I am not here to advocate different and hostile political support and interests of the BN and Pakatan. In fact, as a new member, I have much and am eager to learn from senior members of this Honourable Dewan, the Honourable members on both side of the political divide.
Indeed, I am guided by the time honoured statement of Edmund Burke (1729 – 1797), the British statesman and philosopher, who said, and I quote:
“Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is a member of parliament.”
I was henceforth, disappointed and annoyed when my question 3 submitted to this Honourable Dewan, was rejected on the ground that I am unable to substantiate the statement made in my question.
Dato Sri Speaker, nobody has ever asked me to substantiate whatever statement that I have made in my question No. 3.
In rejecting my question on such a ground, the charge proffered and framed against me was serious, and the sentence was passed without giving me a chance to defend myself. This, should not have happened to any Honourable member of this Dewan.
I am not being personal, contrary to deliberate suspicion and doubt of certain quarters. In fact, I was being told by my sources that Yang Amat Berhormat the honourable member of Balingian was not aware of the matter.
In all sincerity, I am raising the matter as a member of this honourable Dewan, in the interests of the state, to inculcate good governance
Dato Sri Speaker, any right thinking person would be alarmed, to notice particulars of the timber licenses as follows:-
1. Timber Licence T/8487 issued on 21 March 2011 over the NCR Land at Lemanak Area, Lubok Antu, with a concession area of 3,281 ha;
2. Timber Licence T/8493 issued on 25 March 2011 over the Stateland at Batang Ai / Sg Engkari area within Batang Ai Catchment, with a concession area of 830 ha;
3. Timber Licence T/8492 issued on 25 March 2011 over the catchment area and NCR land measuring 2,250 ha adjoining T/8493;
4. Timber Licence T/3568 issued on 11 April 2011 over the Stateland at Sg Dangap/Sg Bian area in Pakan District, with a concession area of 3,367 ha;
5. Timber Licence T/8497 issued on 14 April 2011 over the Stateland between Sg Tu and Sg Sangang at the west side of Sg Sarawak Kiri, which is the Bengoh water catchment area, with a concession area of 2,612 ha;
Then, we have T/8496, next to the Bengoh timber concession area covered under T/8497, T/3567 in Balai Ringin, T/3561 and T/3566 in Kanowit and T/9181 in Bakong.
It is understood that there are more than these aforesaid timber licenses being issued in between the time when the previous State Assembly was dissolved on 21 March 2011 and polling on 16 April 2011.
Besides the improper timing in the issuance of the timber licences, it is blatant contravention of our laws to issue timber concession licences over water catchment areas and known NCR lands. Credibility, Accountability and Transparency, which are the hallmarks of good governance, as the state governments of Selangor, Penang, Kelantan and Kedah have shown, are what we aspired. And it is based on these sound principles of governance that this Dewan demands answers from the government of the day.
As I have said earlier, it appears so, and I was quite relieved when I researched into the background of the companies and concession holders that I am not looking at one particular person and or his family. I therefore urge that Ahli Yang Amat Berhormat the Chief Minister would look into this matter and enlighten us as to his findings.
Dato Sri Speaker, I therefore hold firm in my belief that my Question 3 is proper and justified. And I raised the question to uphold the interests of the people of Sarawak, the constitution and the laws of Sarawak and Malaysia, as we have sworn to perform and achieve as honourable members of this Dewan.
Dato Sri Speaker, when we stand up and speak in this Honourable Dewan, it is my respectful opinion that we should not be deem to be advocating different and hostile political interests of the BN and Pakatan Rakyat.
Indeed, for the general good of all Sarawakians, and Malaysians, we should be able to work together, complement each others, despite our different political affiliations.
In the run-up to the recently concluded state election, the honourable Prime Minister had made election pledges in excess of RM600 million, to voters in various parts of Sarawak. On the other hand, the honourable Deputy Prime Minister announced projects to the tune of RM200 million. And it has just being revealed in the parliament that a total of 62 projects and programmes were promised, with an aggregate worth of RM1.18 billion.
Two months have passed, and 2 months of deafening silence from the country’s top 2 leaders as to the realization of the election pledges.
It therefore called upon us, from both sides of the political divide, to work together, to accelerate the delivery of these election pledges, in the interests of all Sarawakians.
Our combine commitments and dedication will certainly make this motherland a great and model democracy.
And there are friends of Sarawak who are eager to and tirelessly contributing towards the democratization and conscientization of our state and all our rakyat.
It therefore calls to questions, the “Not To Land” orders which were slapped on exemplary fellow Malaysians personalities such as former Bar Council President Datuk Ambiga Sreenevasan, university lecturer Dr Wong Chin Huat, lawyer activist Haris Ibrahim, human rights and social activists Ong Boon Kiong, Steven Ng, Cynthia Gabriel, Jerald Gomez, Colin Nicholas, Dr Kua Kia Soong, and many others including even Member of Parliament Sdr Sivarasa Rasiah.
This certainly reflected badly on the state’s governance.
Dato Sri Speaker, our state’s lack of resolve to address the sexual harassment of Penan women and young girls and violation of their rights is another matter subjecting us to unrelenting international criticisms.
Last month, 7 May to be exact, another letter was written by the coalition of Malaysian NGOs, the Penan Support Group together with other women’s rights NGOs, addressing to the UN Special Rapportuer on Violence against Women and the UN Special Rapportuer on Human Rights and Fundamental Freedoms of Indigenous Peoples.
The following are factual:-
Facts:
- 1995 – First known case of rape of Penan young woman reported to police;
- The 2009 Federal Ministry of Women, Family and Community Development’s Task Force Report confirmed that sexual violence and exploitation of Penan women and young girls in Sarawak occurred;
- The Ministerial Task Force was set up in response to the public outcry which was resulted after the local and national newspapers reported on the matter;
- Regional and Malaysian NGO Fact Finding Mission recorded seven new allegations of sexual violence in July 2010;
- May 2011, a Penan woman reported rape to the police;
Facts about the situation of the Penan:
- Nothing has changed regarding the situation placing young girls and women in rural areas vulnerable to sexual violence;
- More reports of rape are surfacing to indicate the utter neglect of the government to protect one of the most marginalized communities in Sarawak;
- Through the state governments of Selangor and Penang, a car specifically dedicated to transporting school children, one of the identified group of Penan rape survivors, is the only known change dedicated to prevent sexual violence. However, it is a fact that one vehicle is grossly inadequate to cover all needed settlements;
Where Good Governance is needed:
- Dedicate a special task force to demonstrate the seriousness of the government in protecting vulnerable Sarawakians from hideous crime of rape;
- Immediate implementation and follow-up with the recommendations set forth by the Ministry of Women, Family and Community Development’s Task Force Report on sexual violence and exploitation of Penan women and young girls in Sarawak;
- Working with communities and other stakeholders to address the specific issues of rape in rural areas;
- Legislate to ensure structural changes are in place to protect girls and women from all form of harm; and
- Courageous and righteous, and expected to lead by rising beyond party politics in defending the rights of all Sarawakians, especially those most marginalized and in the specific rapes, to demonstrate the government’s duty-bound to act on solving problems and ultimately to prevent sexual harassment and violation from happening in rural Sarawak.
We want to know, what are the state government’s efforts and to what extents have the state ministries and agencies corroborated assisted and working together with the Federal Ministry of Women, Family and Community Development to ensure that the recommendations arising from the Federal cabinet’s National Task Force Report, released in September 2009 (Laporan Jawatankuasa Bertindak Peringkat Kebangsaan Bagi Menyiasat Dakwaan Penderaan Seksual Terhadap Wanita Kaum Penan Di Sarawak), are implemented.
And specifically, we are hopeful that the honourable minister will enlighten us as to the total federal and state allocation, for 2008 to 2011 respectively, to fund the transportation of Penan students to and from their schools, the names of the Penan settlements and the number of students provided with transportation to such primary and secondary schools, and the number of trips provided each year.
Dato Sri Speaker, we are not living in a perfect world. However, if all the honourable members of this Dewan put our minds and acts together, if we discard our political differences and hostility, if we look at the collective interests and wellness of the state and the people, we can make Sarawak a better place for us and our future generations to live.
In conclusion, Dato Sri Speaker, I would like to volunteer and offer the Pakatan Rakyat’s policies and programmes which are necessary to bring the country and the state forward. I would therefore recommend the Buku Jingga to all honourable members of this House.
Thank you.