The Dayak symposium held in Sibu over the weekend (31 Jan 2009) has suggested the set-up of a Native Land Commission for the purpose of investigating all complaints, any abuse and malpractices by the government under the Barisan Nasional and its partners in issuing land titles, provisional leases, timber licence, licence to plant forests involving or affecting Native Customary Rights (NCR) lands whether communal or otherwise.
Upon establishment of proof of complaint, the Commission shall be duly empowered to excise out the Native Customary Rights land out and to issue either a perimeter title or individual as the case may be.
All lands acquired by the State government for dam purposes but are not used or affected or inundated shall be returned to the land owners for their own purposes and they are free to occupy it as they may wish, the symposium agreed.
The suggestion was made based on a paper presented by a lawyer at the symposium where some 200 Dayak professionals, intellectuals, community leaders, leaders of non-government organisations and politicians were present.
The one-day symposium, which was aimed at triggering and provoking thoughts among the Dayak community was to find remedies to solve the NCR land problems. Some of these issues which are to be compiled will be used as campaign materials for the next State election.
On the untitled NCR lands, the symposium was told that previously titles to native lands were issued pursuant to a settlement exercise which was normally carried out when an area was declared as Native Area Land. Titles to native lands were issued within this area under Section 18 of the Land Code.
The paper said: “However, the present government policy that there shall NO more settlement exercise because that would mean there will be no land remaining for oil palm and tree planting schemes. So the government has stopped issuing out land titles to native lands.
“As the majority of native lands are untitled, the native lands have no market value and significance; they can not be valued for any form of investments and cannot be used in any commercial dealings.
“Not only the natives are deprived of opportunities to develop their lands through joint-ventures or partnerships, they are also unable to fully develop their lands themselves. This is because without any land titles and in the absence of the much needed capital, they are unable to raise the needed funds to develop their lands. This is seen as a hindrance to the native lands to be developed.
“One main reason used by political leaders for not issuing land titles to Dayaks is the risk of the Dayaks selling away their land to non-Dayaks and therefore losing out their lands. But this is mere front to the sinister motive of keeping the Dayaks poor. It does not matter whether they sell their lands, as who does not sell their lands for economic reasons? Everyone does.
“Nevertheless the owner will still benefit because the income derived from the sale of the land will go to improve his well-being. He may need to sell some of his lands to raise capital to start business. This is normal economic practice.”
The paper alleged that the main reason for not issuing land titles to native lands was to ‘keep the natives within the poverty cycle’ so that they remained dependent on the government handouts and therefore loyal voters for the ruling party.
“The hidden fear of the ruling party if Dayak voters break out of the poverty cycle is that they no longer depend on the ruling party and therefore under no obligation to vote for them come election times.
“This is a major grievance of the Dayak community. The other communities will always get their titles due to them. But when it comes to Dayak lands, all sorts of excuses are being used to avoid giving him titles to his native lands,” the paper stressed. – The Broken Shield.
Source: www.thebrokenshield.blogspot.com
Upon establishment of proof of complaint, the Commission shall be duly empowered to excise out the Native Customary Rights land out and to issue either a perimeter title or individual as the case may be.
All lands acquired by the State government for dam purposes but are not used or affected or inundated shall be returned to the land owners for their own purposes and they are free to occupy it as they may wish, the symposium agreed.
The suggestion was made based on a paper presented by a lawyer at the symposium where some 200 Dayak professionals, intellectuals, community leaders, leaders of non-government organisations and politicians were present.
The one-day symposium, which was aimed at triggering and provoking thoughts among the Dayak community was to find remedies to solve the NCR land problems. Some of these issues which are to be compiled will be used as campaign materials for the next State election.
On the untitled NCR lands, the symposium was told that previously titles to native lands were issued pursuant to a settlement exercise which was normally carried out when an area was declared as Native Area Land. Titles to native lands were issued within this area under Section 18 of the Land Code.
The paper said: “However, the present government policy that there shall NO more settlement exercise because that would mean there will be no land remaining for oil palm and tree planting schemes. So the government has stopped issuing out land titles to native lands.
“As the majority of native lands are untitled, the native lands have no market value and significance; they can not be valued for any form of investments and cannot be used in any commercial dealings.
“Not only the natives are deprived of opportunities to develop their lands through joint-ventures or partnerships, they are also unable to fully develop their lands themselves. This is because without any land titles and in the absence of the much needed capital, they are unable to raise the needed funds to develop their lands. This is seen as a hindrance to the native lands to be developed.
“One main reason used by political leaders for not issuing land titles to Dayaks is the risk of the Dayaks selling away their land to non-Dayaks and therefore losing out their lands. But this is mere front to the sinister motive of keeping the Dayaks poor. It does not matter whether they sell their lands, as who does not sell their lands for economic reasons? Everyone does.
“Nevertheless the owner will still benefit because the income derived from the sale of the land will go to improve his well-being. He may need to sell some of his lands to raise capital to start business. This is normal economic practice.”
The paper alleged that the main reason for not issuing land titles to native lands was to ‘keep the natives within the poverty cycle’ so that they remained dependent on the government handouts and therefore loyal voters for the ruling party.
“The hidden fear of the ruling party if Dayak voters break out of the poverty cycle is that they no longer depend on the ruling party and therefore under no obligation to vote for them come election times.
“This is a major grievance of the Dayak community. The other communities will always get their titles due to them. But when it comes to Dayak lands, all sorts of excuses are being used to avoid giving him titles to his native lands,” the paper stressed. – The Broken Shield.
Source: www.thebrokenshield.blogspot.com


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