“But according to Assistant Minister of Planning and Resource Management, Mohd Naroden Majais, there is no question of returning native customary rights land (NCL) to the people of Sarawak as the present government never took any land from the natives.
“How can you return something that you never took away? Clearly the PKR’s vice president’s promise is a nonsensical statement and a political gimmick to mislead the people,” Naroden said.”
Notes:With over 200 NCR Land Dispute Cases Involving Logging and Other Issues still pending for trial agaisnt the State Government and Private Companies,longhouses being demolished,the natives being chase away from their ancestral land,and now who is nonsensical?Who is talking about Nonsense here?
“With the implementation of the land initiative, survey and issuance of land title, it has been proven that the government can help resolve problems faced by the rural people with regards to native customary land, and at the same time, ensure continuous rural development,” said Naroden in a press statement faxed to the local media yesterday.”
Notes:A lot of conflicting statements made by L&S officers, YBs and ministers. First they say they want to do perimeter survey of Native Customary, Rights (NCR) land then they say it is Tanah Temuda only.
What happen to the Pulau Galau and Pemakai Menoa? Then they said,Land Title will be given. But if the NCR land surveyed is going to be gazetted as Native Communal Reserve under Section 6 of the Land Code, there is no provision under Section 6 that title will be given. Only a notification of the gazette.
Also, the L&S Dept have not establish a registrar for NCR lands and there are no provisions in the law yet to give title to NCR lands. Title can only be issued unless the classification of NCR is changed to Mized Zone or Native Area Land
“He pointed out that all this while, the government has always recognised NCL and there are lawful methods under Section 5 of the Land Code of creating such land.”
Notes:The government legitimised its actions by amending the Sarawak Land Code several times, and each time it made it very difficult for the natives to claim their customary rights over their ancestral land.
And the most devastating amendment to the Land Code was made in May 2000, especially to Section 5. Section 5 (a) (2) (i) was amended by substituting the word “acquired” wherever it appears in the subsection with the word “created”.
On the surface of it, the amendment looks innocent. But if you analyse it carefully, it is very destructive to the NCR landowners. Prior to the amendment, NCR land can be passed from one generation to the next — from father to son and his children’s children, and so on. The land that has been acquired by any other means by the family always belongs to the family and its generation.
NCR land could be acquired through the following methods:
- felling virgin jungle and occupying the cleared land;
- planting land with fruit trees; and occupying it;
- using the land for a burial ground or shrines;
- using land of any class for right of way; and/or
- using any other lawful means.
Delaying tactics
Emphasis is on the word “acquired” which was substituted with the word “created”. This can result in the termination of customary rights over such land, as only the “creator” shall have such rights over the land. And after his death, the land shall be reverted to the government if the descendents are unable to provide proof for such a claim. Such a land will be known as “state land”.
No doubt you can claim the land, provided you can prove that your great-great forefathers created the rights over the land. The onus is therefore on the claimants. And very few people can prove it. They can depend only on “tuai rumah” (longhouse headman) or penghulus to be their witnesses. But the headmen and penghulus have been warned by the government not to simply endorse such land as NCR land or else they will be in trouble – their appointment can be terminated or they can even go to jail.
“He also said existing NCL are also protected under Section 15 of the Land Code which states that “such land shall not be alienated or be used for a public purpose until all customary rights have been surrendered or terminated or provision for compensating the persons entitled thereto have been made”’
Notes:How many land owner has been compensated???
“The issuance of Provisional Leases for Large-Scale Plantations, License for Planted Forests and Timber License always excludes native customary land”
For the records,Sarawak State Government did not recognised Pulau Galau and Tanah Temuda as part of NCR Land.They only recognised Cultivated Land or Tanah Temuda.But Court verdicts on Tr Nor Ak Nyawai case in 2001 prove the other way round and this is the arguement between NCR Lawyers and the State Government.Most of the PL that being issued to Private Companies by the State Goverment is over Pulau Galau and Pemakai Menoa!!Read Tr Nor Ak Nyawai NCR Land Case Judgement 2001
“On the new initiative, he said the government is carrying out perimeter survey of native customary land throughout the state for eventual gazettal as Native Communal Reserves.
The next stage of this initiative, he pointed out, is the survey of individual lots for issuance of Section 18 title”
Notes:“If that is the case, it includes the longhouse area, their burial ground, tembawai (old longhouse sites), temuda and kebun (farming) areas and the pulau (communal forests) areas as well.
“That is what the courts have decided on the extent or boundary of the NCR land of the longhouse and that is also what we have asked to be gazetted all along,” said NCR land lawyer Harrison Ngau. Read the original news here
All notes were taken from an excerpt of NCR land campaign fodder for Dayaks and Dayaks do not trust BN over NCR land
Read this also:
Naroden – Simunjan’s oil palm king
For most of our elected representatives be they MPs or DUN members, they do not want to antagonize the Chief Minister, Abdul Taib Mahmud because they know the consequences. In fact almost all of them heaping praises on him hoping that their voices can be heard. Once he notices you and becomes his confidant, you are on the way to a millionaire’s club.
Look at the State Assemblyman for Simunjan, YB Haji Mohd Naroden bin Haji Majais, who comes from an average family in Gedong. Since he became YB in the 1991 State election, he not only becomes a confidant of the Chief Minister and is now an assistant minister in the Chief Minister’s department, but also he is locally known as the “king of oil palm” in Simunjan owning among the largest areas of oil palm.
According to the Land and Survey Department’s Laporan Statistic Suku Ketiga Tahun 2005 (Statistic Report for Third quarter 2005) his companies have now owned seven areas in Simunjan consisting of 16,486 hectares (roughly 41,215 acres) of land for the planting of oil palm.
The breakdown is as follows:-
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Tanjong Midin, Batang Kerang, Simunjan/Serian, Lot 2984 Melikin land district of 4555 hectares approved in 1996 under the Pelita Nirwana Muhibbah Sdn Bhd;
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Batang Kerang, Simunjan/Serian, Lot 2981 Melikin land district with 3770 hectares approved in 1988 under the Gedong Plantation Sdn Bhd;
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Batang Kerang, Simunjan/Serian, Lot 2980 Melikin land district with 3480 hectares approved in 1988 under the Gedong Plantation Sdn Bhd;
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Between Batang Sadong and Sungai Simunjan, Lot 1226 Sedilu Gedong land district with 2182 hectares approved in 2004 under the Hydroflow Sdn Bhd;
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Between Lubuk Teba and Sungai Sentok, Gedong, Lot 1227 Sedilu Gedong land district with 593 hectares approved in 2004 under the Hydroflow Sdn Bhd;
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Tanjung Embang, Simunjan, Lot 1228 Sedilu Gedong land district with 189 hectares approved in 2003 under the Indranika Jaya Sdn Bhd;
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Between Tanjung Sap and Sunhgai Benat B, Simunjan, Lot 1229 with 1717 hectares approved in 2003 under Indranika Sdn Bhd.
This list is only up to the third quarter of 2005, but what about from thereon to this day? Imagine the amount of money his companies have earned all this while when CPO (Crude Palm Oil) was RM3,000 in March this year from the matured oil palms.
We do not envy him, or jealous of him (incase Alfred Jabu says so,) and how can we envy him when we, as voters, also contribute to his wealth. But what we – Malay and Iban voters – ask of him is that he should leave our NCR land alone. – The Broken Shield
Ibans mount blockade against Naroden’s companies
About 100 Iban land owners from Kpg. Sungai Lingkau, Melanjok and Sekendu in Simunjan today (5 May) mounted a blockade to prevent workers of Hydroflow and Melur Gemilang from entering their NCR land.
A manager from the company promised the landowners who maintained the blockade not to enter the area, and to bring out all the machinery.
The landowners expected the manager to lodge a report with the Police and they also expected to be arrested in the defence of their land from being encroached into.
Hydroflow and Melur Gemilang are owned by Yang Berhormat Naroden Majais, the Simunjan State assemblyman. He is known as the “Simunjan King of oil palm”, owning more than 48,000 acres of land including NCR land of oil palm.
Meanwhile, six longhouses in the Kpg. Samalatong/Kepayang area will meet on Wednesday night to reject the offer of DD Plantations and Pelita Holdings Sdn. Bhd. to develop their NCR land. The agreement has already been signed between 46 longhouse chiefs with the DD Plantations and Pelita Holdings Sdn. Bhd.
But the landowners from these six longhouses prefer their NCR land to be developed by SALCRA where their equity participation is 70% as compared with 30% given by DD plantations and Pelita. – The Broken Shield