Our wonderful gift for 2009 Gawai Dayak

Many do not realise that our wonderful gift for our Gawai Dayak 2009 is the recognition by the Federal Court of our Native Customary Rights (NCR) over our ancestral land, and the Court has clearly defined that NCR land includes 'Pemakai Menua' (communal land boundaries), ‘Pulau Galau’ (communal forests), ‘tembawai’ (old longhouse sites), ‘pendam tuai’ (old graveyards), farm land and ‘temuda’ land.

The decision of the apex court which was made early in May 2009 is going to open a floodgate of legal actions against government, which leases our land and companies which plant oil palm on our land.

Not only they took away our land by force, but they also destroyed our fruit trees, rubber and pepper gardens, padi fields, destroyed our communal forests, communal land boundaries and graveyards. Some time our longhouses were also destroyed. For all this, we must seek compensations as well as the return of our NCR land.

Thanks to our lawyers and Sarawak Dayak Iban Association (SADIA) for their courageous efforts in fighting for our NCR land. Finally we triumph. And for this Gawai Dayak we have every reason to rejoice and to be thankful.

To all readers of The Broken Shield, we wish to say:

“Selamat Gawai Dayak, gayu-guru, gerai-nyamai, chelap-lindap nguan menua, betuah-belimpah. Sida ke dara bulih laki, sida ke bujang bulih bini, beranak betelesak ngambika bala kitai Dayak maioh ka agi di menua Sarawak”.

We will be going to our village for our Gawai and any reader happens to pass by is welcome to our humble house at Kpg. Sungai Samabang, Jalai Punda, Simunjan. – The Broken Shield

"One Sarawak" should mean one Sarawak

After PM Najib Razak introduced his “One Malaysia” concept, CM Abdul Taib Mahmud followed suit by introducing his version of “One Sarawak”. Next we may hear the Mayor of Kuching introduces “One Kuching” and someone else introduces “One Simunjan”, or “One Malay”, or “One Chinese” or “One Dayak” and so on.

I have, and so many others, tried to interpret the meaning of “One Malaysia” and to me “One Malaysia, One family” where equality, justice and fairness should be the guiding principle. But judging by what is happening now, it seems that “One Malaysia” has a different meaning and interpretation.

Not many people really understand it. Not even the civil servants especially those in the Ministry of Information, who recently underwent a course to understand it.

For Sarawak, it is hoped that “One Sarawak” should be “owned” by all Sarawakians who should enjoy her wealth and prosperity. But currently it appears that “One Sarawak” belongs to one family where businesses, government contracts and tenders are grabbed and monopolized by those closely connected with the family members. Projects in SCORE are a fine example. The rest of the Sarawakians are by-standers.

“One Sarawak” is a mere slogan that helps divert the people’s attention from the real problems confronting Sarawak. One such problem is involving NCR land like the termination of the rights of the natives over their ancestors’ land and leasing such land to companies for the plantation of oil palm.

It is the off-shoot of “politics of development” where development is being concentrated in Mukah such as the proposed airport, the coal powered station, new administrative centre and so on, whereas other under-developed divisions like Kapit remain undeveloped.

If it is to be practised true to its name and concept, “One Sarawak” should really mean one Sarawak where its citizens from the various ethnic groups should be given equal opportunities in fields of education, in recruitment to the civil service and promotions, given business contracts and tenders, given political posts such as in government-linked companies as well as to participate in Sarawak’s development.

“One Sarawak” should therefore be aimed at eradicating poverty, a very, very rampant occurrence in the rural areas. Do the present State government and its leaders have the political will to do it now? Or do the rural people have to wait for election times to hear the BN politicians announcing those projects? – The Broken Shield

Source: http://www.thebrokenshield.blogspot.com/

Let MDC rest in the dusty file of ROS

Nothing short of magic could have ensured the speedy registration of Malaysian Makkal Sakthi Party (MMSP), said M. Kathirveloo, a close associate of Hindu Rights Action Force (Hindraf) leader, P. Uthayakumar.

In view of this, Kathirveloo asked if MMSP was endorsed by BN?

He suspects this because he tried to register another party, Indian Rights Action Front (IRAF) in June last year, but the application was turned down in April this year.

In a letter to IRAF dated 3 April 2009, the ROS said that the application was rejected because the organization was suspected of having similar name to the outlawed Hindraf.

For MMSP, its leader Thanenthirran met with PM Najib Tun Razak one month before the registration of the party.

It was obvious that MMSP had the blessing of the Barisan Nasional with the ultimate aim of further splitting the Indians. The MMSP leader was with Parti Keadilan Rakyat and he resigned from PKR when he was not selected to contest the Bukit Selambau by-election.

Now the Indians have MIC, PPP, MIUP and MMSP. Any party, wishing to be registered, and is seen to be working against the interests of the Opposition will surely be approved. And any party working against the interest of parties in the government will not be approved.

Thus, it was perceived to be working against “national security” that Malaysian Dayak Congress (MDC) could not be registered. The real reason is not “national security” but on the strong objection of Sarawak leaders, who do not want the word “Dayak” to be used in the name of the party.

Firstly, the word “Dayak” has been banned from being used in Sarawak government official communication since 2004 when the Sarawak Interpretation Ordinance was amended.

Secondly, the State leaders said to be fearful of the word “Dayak” that might have the magic wand to unite all the Dayaks in Sarawak. The unity of the Dayaks is therefore seen to be against the interests of the parties that rule Sarawak now.

Just a couple of weeks ago, Joseph Entulu, deputy president of Parti Rakyat Sarawak, let the “cat out of the bag” when he proposed to drop the word “Dayak” as it connoted “uncivilized, uncouth and low class”. He felt ashamed to have anything to do with Dayaks.

Entulu’s remark was seen as playing to the gallery or dancing to the tune of his new found political master – the "Aki" who since 1966 had been advocating for the split of the Dayaks into Ibans, Bidayuhs and Orang Ulu.

Yes he was successful with the removal of Stephen Kalong Ningkan as Sarawak’s first chief minister. He had a hand to see that SNAP was split in 1983 as well as in the deregistration of Parti Bansa Dayak Sarawak (PBDS).

The “death” of PBDS was thought to be his greatest achievement. This followed the ban on the use of the word “Dayak”. And this explains why any attempt to revive PBDS through MDC or any Dayak party will surely be strongly opposed by the present leaders in the State.

The real reason is the fear that these leaders are harbouring in their minds that one day there will be “Ketuanan Dayak” in Sarawak.

For the time being, MDC is best left to rest in a dusty file of the ROS until and when a new federal government hopefully the Pakatan Rakyat government will come to power, say in 2013.

If Parti Sosialis Malaysia can wait for more than 10 years to be approved as a party, there is no reason why we Dayaks cannot wait another three or four more years for the installation of a new government that may be friendly with the Dayaks.

And for the time being the hardcore Dayaks need to “Numpang” or “nyarok” or even “nangkir” other friendly parties who share our aspirations to fight for the interests of the Dayaks and defend our customary rights over land. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Am I angry?

Am I angry when someone says that the Ibans are easily influenced by money during election times?

To be honest, no. I am not angry with the person who says it. But I am angry with the Ibans themselves, because Ibans do not know how to cheat. For example, if a candidate gives them money to influence them to vote for him, they will surely vote for him because of the fear of “tulah” (curse).

This the Ibans do not learn. They should emulate examples of almost all our YBs who promise the voters this and that. While we must admit that some promises do materialize, but the majority of them is empty. And yet they do not “tulah”. Instead of “tulah”, they become “kaya raya” taking away our NCR land.

I am just the opposite of Andrew Shilling, SUPP Sibu Bumiputra chairman. He is very angry with SUPP assistant minister and state assemblyman for Dudong, Soon Choon Teck who hinted that the Iban party members were easily influenced by money politics.

Soon said: “The socio-economic position of the Ibans is still behind others, and as such they could be easily influenced by money politics.”

Reacting to these remarks, Shilling who is also a political secretary to the chief minister demanded an immediate apology from Soon. And he led a group of Iban members from the State constituencies of Pelawan, Nangka, Bukit Assek, Dudong and Bawang Assan to ptotest against Soon’s statement that was carried out by the Chinese papers on Sunday.

He said to the press that the Iban members felt insulted and feared that the issue might divide party members into Chinese and Ibans.

When Soon failed to respond to his demand to apologise, Shilling, according to The Borneo Post today said that legal actions could be taken against him. – The Broken Shield

Source: www.thebrokenshield.blogspot.com

BN supporters of Kampung Lusut Jaya deprived of basic needs

Despite their strong support for the Barisan Nasional, the residents of Kampung Lusut Jaya 1 area in Miri are yet to taste the fruits of Merdeka.

According to Jembu Bangga, the village chief, the government should give official recognition to their village and look into their basic needs like proper roads, water and power supply.

“We have been supporting the BN government all this while, and hence surely the village deserves some projects in return for their support to the government,” he said at the Miri district Dayak community leaders pre-Gawai Dayak celebration over the week-end.

The celebration was officiated by the Minister of Energy, Green Technology and Water Peter Chin. Also present were Lambir state assemblyman Aidan Wing, political secretaries to the chief ministers, Ariffin Lamat and Watson Bangau and government officials.

Located next to Taman Tunku, Kampung Lusut Jaya 1 has 109 houses with a population of 542 of which 390 are Ibans, 89 Orang Ulus, 39 Malays, 19 Chinese, five Bidayuhs and three Melanaus.

Upgraded roads and bridges linking the village to Taman Tunku will enable bus service to be extended there, saving time and energy for the villagers to walk all the way to the nearest station.

The village chief said that villagers are currently sharing water meters on a voluntarily arrangement. He also called on the government to build a clinic, a community hall and a market where they can sell their jungle produce.

These villagers have been asking for development year in and year out and the government has ignored their requests. And their requests will continue to fall on deaf years, unless their elected representative either State assemblyman or the MP dies or resigns.

Look at Batang Ai, it has been neglected for more than 27 years. Suddenly its YB passed away, thus opening the way for the by-election. During the by-election, nearly RM200 million of worth of projects have been approved.

Will it help if the villagers ask the Opposition to come and establish a foothold in the area? – The Broken Shield

Source: www.thebrokenshield.blogspot.com

Six longhouses may take legal action against DD plantations

Six longhouses in the Samalatong area, Simunjan, will submit a letter in the next few days to the General Manager of Sarawak Land Consolidation and Rehabilitation Authority (SALCRA) telling him that 95 families from the longhouses will not join DD Plantations and Pelita Holdings.

Instead they want SALCRA to develop their land which is about 1,800 hectares into an oil palm plantation.

A copy of the letter will be sent to Deputy Chief Minister Alfred Jabu Anak Numpang as chairman of SALCRA Board of directors and to the Minister of Land Development, Dr. James Jemut Masing. SALCRA is under the Ministry of Land Development.

A group of VIPs and officials from DD Plantations and Pelita Holdings are expected to see these angry NCR land owners on Saturday, 23 May 2009 to explain to them the concept of joint venture and the “benefits” they will get from joining DD Plantations and Pelita Holdings.

It is understood that these landowners will not be swayed by the sweet talks of the VIPs because they have heard and known such JVs the land owners stand to lose and many have not received their dividends even after 10 years of operations.

They would prefer to invite SALCRA where their equity participation is about 70% as compared to 30% in a joint venture company.

On 29 April 2009 DD Plantations whose owner is closely associated with YB Naroden Haji Majais, the Simunjan elected representative, and Pelita Holdings had signed an agreement with 46 longhouse chiefs in Kuching.

But many Tuai Rumah claimed they were not aware of the plan to develop 9,629 hectares of their NCR land into an oil palm plantation.

Some Tuai Rumah who did come to Kuching were critically questioned by the longhouse people; some demanded for their resignation and even held Temenggong Anthony Ngipa responsible for bringing the Tuai Rumah to Kuching.

For the six Tuai Rumah and the 95 heads of families will have to seek legal action if the company persists on developing their land. - The Broken Shield

Source: www.thebrokenshield.blogspot.com

Tajem and group win pension case against S'wak ~ Malaysiakini

Taken from http://www.malaysiakini.com/news/104440

Former deputy chief minister of Sarawak, and nine former members of Dewan Undangan Negeri and administration have won their case against the state government, which had failed to pay their enhanced pensions even though they were entitled to such privileges under the law.

They had to sue the government to seek justice. Their case was heard by the High Court of Kuching on March 28, 2008 which ordered the state government to pay in the case of Tajem (pic above) one half of his salary of RM12,500 per month and one half of his salary as a member of Dewan Undangan Negeri of RM3,000 and that amount came to be RM7,750 a month.

The pension should have been calculated based on the June 1, 1992 amendment of the Members of the Administration and Members of Dewan Undangan Negeri (Remuneration, Pensions and Gratuities) Ordinance 1980.

But the government failed to pay his enhanced pensions. Instead the government paid him only a pension of RM3,000 a month.

The state government went to the Court of Appeal. The case was heard on Feb 19, 2009 and the Court of Appeal upheld the decision of the Kuching High Court.

Dissatisfied with the decision of the Court of Appeal, the state government represented by JC Fong, state legal counsel, applied to the Federal Court for leave of appeal. The case was heard last week and the Apex court concurred with the decision of the Court of Appeal.


More legal actions likely

Following the decision, the state government may have to face more legal actions from former members of the Dewan Undangan Negeri, former ministers, assistant ministers, political secretaries and their widows who are in similar positions.

Tajem, who represented the group at the Federal Court hearing had served as deputy chief minister in the cabinets of Abdul Rahman Yakub and later Abdul Taib Mahmud from 1980 to 1987.

Contacted today, he said that the decision of the Federal Court has a snowballing effect.

“In truth, it is a representative action on behalf of the former members of Dewan Undangan Negeri and former members of the Administration.

“The government has failed to honour these people who had served the state and who are entitled to enhanced pensions which came into effect after June 1, 1992.

“All elected representatives, ministers, assistant ministers and political secretaries who have been pensioned must be given enhanced pensions according to the law, which have been denied due to misinterpretation of the law by the state government,” he said.

“There are 10 former members of the state assembly who have instituted court proceedings against the government for the payment of arrears against their pensions,” he said, adding that the government might have to come up with at least RM5 million to pay them.


'Arrears of eight years to be paid'

“Even the arrears of payment of the 10 who have taken suits could easily amount to RM2 million and to be back-dated to six years from the day they filed the suits. And most of these cases have been ongoing for more than two years.

“That means arrears of eight years to be paid,” he added.

Among them, Tajem, who has monthly arrears of RM2,750 is expected to receive more than RM300,000 in arrears plus interests. Former minister Hafsah Harun is next and is followed by former assistant minister Ambrose Gramong. Gramong has monthly arrears of RM2,000. The others are former members of Dewan Undangan Negeri and political secretaries.

There are also those who will ride the bandwagon and they include former deputy chief minister Dunstan Endawie, former ministers Joseph Balan Seling, Tajang Laing, Leo Moggie and Sulaiman Daud.

After the order has been extracted, Tajem said that all the litigants would present a bill of costs to be taxed against the government.

“The government will be given a time frame to pay, failing which they may take a writ of mandamus against the chief minister to compel him to pay the sums due,” he said.