Truck torched as ‘warning’ to natives

Local native NCR landowners protesting against the government for issuing provisional leases (PLs) to oil palm companies will not cower in fear.

SERIAN: A 4WD vehicle belonging to a local Iban native leader was torched early yesterday morning in what is seen as a “warning” of worse things to come if the natives persisted with their dispute over 5,500 acres of native customary rights (NCR) land, which the government had handed over to three oil palm companies.

The three companies which have been given provisional leases (PLs) over the land to plant oil palm are Memaju Jaya, United Team Trade and Tetangga Arkab.

One of the companies is allegedly owned by former Kedup assemblyman, Frederick Bayoi Manggie. The native landowners alleged that their land was part of a deal for Manggie to step down as elected representative. His place has since been taken over by Martin Ben.

The torched RM76,000 Hilux truck belonged to Micheal Lung who has been at the forefront defending the rights of the 200 affected landowners.

According to Luang, his vehicle was parked near his house at Kampung Tanah Mawang, about 20km from Serian.

“I was wakened up early this morning by the sound of fire and went to check. I was shocked when I saw my Hilux parked near the house burning and saw someone leaving the place in a car.

“It is obvious that these people were trying to intimidate me because I am one of the leaders who are defending our NCR land.

“I can tell you we will not be cowed by this act of vandalism. Instead, we will become more resolute in defending our NCR land,” he told FMT, adding that their great grandparents had created this NCR land for them and no one had the right to take it away.

Luang has since lodged a report at the Serian police station.

Legal recourse

Several angry leaders and landowners turned up at Luang’s house upon hearing of the incident to discuss a number of options open to them, one of which was through the legal means.

“We have contacted our lawyers,” Luang said.

He added that a few weeks ago officials from the Land and Survey Department contacted them and urged the community to “cooperate”.

“They told us the government could not do anything now since the PLs have been given to the companies to plant oil palm,” said Luang, who was one of the Iban natives from several longhouses in Balai Ringin who carried out camped-in protests at the car park of the Land and Survey headquarters in mid-May this year.

More than 70 men and women camped three days and nights at the car park until the Land and Survey director agreed to meet with them.

Initially, the director refused to meet with them until the protests caught the attention not only of local and national media, but also of international organisations.

Their protests also attracted the attention of both the opposition and the Barisan Nasional leaders.

Kota Sentosa assemblyman Chong Chieng Jen raised the matter in the State Legislative Assembly, which was sitting at that time.

“The delaying tactics by the Land and Survey Department is not helping the natives. This is the time when the people are standing up for their rights to their land that the government has taken away.

“They are going to stay here until the problem is resolved.

“We call on all those who face similar problems to come and visit them in order to show solidarity with them,” Chong, who is Sarawak DAP secretary, had said.

Change the policy

Chong said this was not the only group that had suffered. Throughout Sarawak, there are hundreds of thousands of natives whose lands have been taken away from them.

“This is very unfair on the part of the state government which only turns a blind eye to their problem. Only through change of policy can these problems be solved,” he added.

The natives first brought their case to the Land and Survey director in January this year, asking him to cancel the PLs on their land.

On March 17, the same group again tried to meet the director. Again, the director refused to talk to them. Instead, he sent a junior officer to deal with them.

On May 14, they wanted to see the director for the third time. Again, the director refused to meet them.

A junior officer was sent to talk to them, saying that their problems were yet to be solved.

Unhappy and angry, the natives numbering 70 comprising men and women refused to go home and set up camps in the car park in front of the Land and Survey Department to show their protest.

The Kapit-Sibu Road - Is it gimmick?

The proposal to construct RM700-million Kapit-Sibu Road is not a political gimmick, says Michael Manyin, the newly appointed minister for infrastructure development.

“We have already the funds to carry it out. And tenders for the first phase will be out by the end of the year,” he said. The first phase is between Ngemah and Song.

Of course Manyin is trying to convince the people that the proposed construction of the Kapit-Sibu Road is not a political gimmick because he does not want the issue to be politicalised in the coming election by the opposition.

Can he blame people for harbouring such perception?

Like Pantu “Bridge”, this is the much-talked proposal of road construction. This year alone several ministers including prime minister and minister for rural development have given assurance that the road will be constructed. Last year, several ministers had talked about it. I lost account of the number of ministers talking about the proposed road.

In fact, for the past 47 years, the people have been talking about it and asking about it. The late Tun Jugah had asked for it, so were the late MP Miut Sibat, the former MPs Leonard Linggi Jugah and James Jimbun and the incumbent MP Alexander Nanta Linggi (grandson of Tun Jugah). The others who have asked for the road included Dr. James Masing, the former Council Negeri members such as Nuing Anak Kudi, Philimon Nuing, Felix Bantin, and etc.

There are also associations which also have been requesting for the road to be constructed. And yet until today we have heard of the proposal, but there is no implementation.

One of the reasons why the road has not been constructed is due to the fact there are no “economic activities”. We do not know what it means by “economic activities.”

Could it mean there are no valuable timbers, no large forests, no gold or coal mines? If there were forests with valuable timbers, gold or coal mines, I am certain that the powers that be would have built the road long time ago. And most probably such resources will be given to their families and cronies.

But now the government wants to build the road. Apparently there are “economic activities” now along the proposed road. And the “economic activities” could be large tracts of land – the Iban native customary rights lands along the way from Kapit, to Song, Ngemah, Kanowit and Sibu.

So the Ibans and other natives must beware that their NCR lands may be taken away from them like what has happened in other parts of the State. PELITA, a government agency, is watching the Iban lands. Together with big companies, PELITA will ask for a provisional lease (PL) from the authority through Land and Survey department to forcibly take away the lands and declare them as state lands.

If you say that lands are your NCR lands, then the burden of proof will be on the land owners. And in the process of defending your lands many of you will go to jail; your crops and fruit trees will be destroyed. Even longhouses and farm houses will be demolished. There are many examples on these cruel acts.

It is advisable for the land owners now to carry out survey of your own land before the proposed road passes through your area. Contact Sarawak Dayak Iban Association (SADIA) for advice and assistance. As the saying goes, ready your umbrella, before it rains.

But if there are no “prawns underneath the stone”, (no ulterior motive) then we should all welcome the construction of the road as more than 100,000 Ibans, other natives, Malays and Chinese will benefit.- The Broken Shield

Source: www.thebrokenshield.blogspot.com

Bawin on special cabinet committee

(This article was first published in the Malaysian Mirror and is reproduced here for the readers of The Broken Shield).

SIBU – Sarawak PKR election director Nicholas Bawin has suggested to the State government to form a special cabinet committee to assist the Chief Minister Abdul Taib Mahmud in dealing with the issuance of provisional leases (PLs) of native customary rights lands to big companies for the planting of oil palm or trees.

“This is importance in order to avoid complications and court cases,” he said, when he addressed community and ex-community leaders at a dinner in Sibu last Sunday.

Bawin, who recently returned from London highlighting the plight of the natives in the British Parliament, was a guest speaker at the function.

“What this special committee should do is to go to the ground and call all NCR land owners to discuss with them the intention of the government to issue PLs to companies to plant oil palm.

“The land owners will be asked to identify their lands and if they agree to a JV with a company then they will sign an agreement. But if they do not agree, then their lands should be left alone.

“In this way we avoid all encumbrances such as the unnecessary court cases brought about by the land owners and the miseries caused to them,” he said, pointing out that the more than 200 cases pending in the High Court are an example.

He claimed that currently the chief minister as minister of planning and resource management made the decision himself without consulting other ministers, resulting in thousands of NCR lands being taken away by government without the consent of the people.

“What happens now is that once the lease is given to the company, the company would then destroy land owners’ longhouses, farm huts, fruit trees, cash crops and even chase them away.

“This is too much for the land owners to take, and of course they get angry and worst still they are being arrested to defend their own lands,” Bawin said.

“The chief minister has too much power vested on him and as such it can be abused,” he said and questioned why the chief minister was too generous in granting timber licences and provisional leases to well-to-do people,” he said.

Bawin also called on Dayak leaders and native headmen irrespective of their political affiliations to understand the basis of the people’s rights over land as stated clearly under section 5 of the Land Code.

“Once you understand our rights, then you can help the longhouse people to protect their NCR lands; only then you will understand why the people are angry with the government,” he stressed.

Source: www.thebrokenshield.blogspot.com