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August 18, 2012

Forum pasal Tanah Pesaka (NCR) di Sibu kena 18/8/2012


Forum pasal Tanah Pesaka (NCR) di Sibu kena 18/8/2012                                                                             

Compiled by Katut Achong

Haribulan  :  18/8/2012

Endur     :   Kawan Hotel, Sibu.

Jam             :   0800 – 1800 hrs.

Simpul batang penemu ke dikerandauka lebuh forum pasal Tanah NCR Sarawak.

  1. Adat asal bansa Dayak endang udah bisi dititih serta dikena sebedau James Brooke merintah Sarawak tahun 1841.                                                                                                                                   Nitihka Adat asal bansa Dayak : -

(a)    sapa berimba, berumpang menua,  urang nya meh empu tanah;  serta

(b)   sapa menang bekayau, bebunuh, urang nya mega empu tanah.

  1. Tanah pesaka  (NCR) asal bansa Dayak dikelala serta dititihka lebuh James Brooke diberi kuasa merintah menua Sarawak (area Kuching & coastal areas of Sadong) tahun 1841.

Maia Sarawak diserah nyadi British Colony tahun 1946, Adat asal bansa Dayak pasal tanah pesaka (NCR)  mega mengkang dikelala serta dititihka.

Lalu maia beserakup ( Malaya, Singapore, Sabah & Sarawak)  numbuhka Malaysia tahun 1963, Adat asal bansa Dayak pasal tanah pesaka (NCR) mega terus dikelala, dititih, enda kala dipadamka. Nya alai, Adat asal bansa Dayak tentang hak kuasa ba tanah pesaka (NCR) mengkang dikena sampaika diatu.  Adat asal tu mega dibasa serta dijamin dalam Federal Constitution  of Malaysia (baka  Article 153 &  161A.)

  1. Semua ubah undang-undang  (amendments) dalam Sarawak Land Code 1957 (Cap. 81) ke enda nitihka lalau, tuju, semengat dalam Federal Constitution enda ulih dikena serta nadai kuasa madam tauka munaska hak kuasa  bansa asal Dayak Sarawak.

Tu mega terang bendar ditulis dalam Federal Constitution Article 4(1) ti nyebut  “This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency be void”.

Tambah mega Article 5(1) nyebut  “No person shall be deprived of his life or personal liberty save in accordance with the law”.

Lalu Article 13(1) madah  “No person shall be deprived of his property save in accordance with law”

Serta enggau Article 13(2) nyebut  “No law shall provide for the compulsory acquisition  or use of property without adequate compensation”

 

  1. Adat asal bansa Dayak  pasal tanah NCR ke dikelala serta dititihka, nadai kala dipadam.

Undang-Undang Tanah Sarawak 1957 (Sarawak Land Code 1957) mega ngelala semua kuasa, hak bansa asal Dayak ke berimba, berumpang menua sebedau tahun 1958 .

  1. Nitih ke adat asal bansa Dayak, penemu tauka “concept” pemakai menua endang nyengkaum menua tauka area alai mensia beridup (begiga jelu, begiga ikan, be-ambi rutan danan, alai beban, alai beramu, tanah pendam,  alai bekebun, alai bumai  etc.).

Pemakai menua tu bisi diempu, dikuasa  serta dijaga segenturung rumah panjai ba kandang menua siti-siti.  Tu tanah pesaka (Native Customary Rights ) asal Dayak.

Salah penemu perintah BN Sarawak ke nyebut “pemakai menua” nya ukai tanah NCR.

Penemu perintah BN Sarawak sentang tu amat nadai senutuk serta ngelaban atur, tuju dalam Federal Constitution. (inconsistent with the spirit of Federal Constitution, and therefore , void)

 

  1. Penyarut pasal tanah pesaka (NCR) Dayak be-pun ari perintah BN Sarawak ti enda nerima,  enda bebasa ke pemutus diberi High Court .

Federal Court  nyukung penemu ari High Court  serta ngelala lalu netapka pemakai menua, pulau galau nya endang tanah pesaka (NCR) bansa Dayak.

  1. Perintah BN Sarawak  sengaja ngerampas tanah pesaka (NCR) bansa Dayak ngena jalai tauka chara

(a)    Nyual Provisional Lease (PL) ngagai kompeni dagang awakka beribu-ribu ekar tanah NCR kena rengkap ladang kelapa sawit .  Kompeni  diberi tempoh 60 tahun ngena tanah nya.

(b)   Selalu ngubah Undang-Undang Tanah Sarawak dikena michit serta ngabis ke hak, kuasa bansa asal Dayak ba tanah NCR sida.

Enggau ubah undang-undang tanah nya mega, bala  Wakil Rakyat BN Sarawak senang agi be-bagi ke Provisional Lease tauka lessen kampong (balak) serta be-empu tanah di Sarawak.

(c)    Ngena jako “Development  Area ngambi tanah pesaka NCR Dayak alai PELITA ngaga dagang  Joint Venture (JVC) enggau Companies.    Laban PELITA udah diberi kuasa lebuh ubah (amendments) undang-undang tanah Sarawak digaga perintah BN Sarawak, nya alai,  tak sepeneka tanah pesaka (NCR) Dayak diambi.

(d)   Benung ngaga serta bisi anggur deka ngaga 13 iti hydro-electric power stations  kena ngeluarka kuasa eletrik.  Siti-siti tekat ai Hydro nya ngampuhka beribu-ribu ekar tanah pesaka (NCR) asal bansa Dayak ( Kenyah, Kayan,Kelabit, Iban enggau bansa bukai) Sarawak.

(e)   Enggai nyukat, enggai meri grant pala tanah pesaka NCR Dayak nitihka Section 18 Sarawak Land Code.

(f)     Nguji nipu bansa asal Dayak ngena Perimeter Survey nitihka Section 6  Sarawak Land Code.

Ngena jako “semaia deka meri pala tanah nitihka Section 18 Land Code” selepas di sukat di baruh Section 6.      Semaia Perintah BN Sarawak nya ukai undang-undang.

Lebuh perintah BN Sarawak enda meri pala tanah munyi ke di-semaia ke, iya nadai salah laban nadai dalam undang-undang .

Section 6 dikena nyali tanah perintah (State Land) ngagai bansa asal ke nadai chukup tanah alai beridup.   Tu tanah ke dikumbai Native Communal Reserve (NCR) land.

Menteri tanah bisi kuasa penuh nyali serta ngambi pulai tanah Native Communal Reserve nya, nadai di beri pampas.

Tang  Section 18  Land Code dikena nyukat serta meri grant pala tanah ngagai bansa asal Dayak ke be-empu tanah pesaka, Native Customary Rights (NCR) land.

Dua iti sections  tu, Section 6 enggau Section 18, enda ulih di-pegulaika.  Nadai dalam bup Undang-Undang  Tanah Sarawak madahka munyi ko disebut Land & Survey. Pia mega jako “Perimeter Survey” nadai dalam bup Sarawak Land Code.

Perimeter survey nya semina policy, ukai undang-undang.

  1. Ari jako peransang sida NGO, bala lawyers serta enggau urang ke bisi pemandai, kitai bansa asal Dayak endang di asuh ngetan ke hak kuasa kitai atas tanah pesaka (NCR).

Bala Dayak nadai belanja bechara ngelaban perintah BN Sarawak, taja pengawa perintah nya enda besenutuk (inconsistent) enggau Federal Constitution.

Lebuh bepilih besai (General Elections), mensia maioh diberi peluang milih wakil rakyat ke ulih di-karapka nyaga hak mensia maioh, ukai nyiping serta madamka hak  kuasa rakyat.

Ketegal wakil rakyat ari BN ke enda jurus penemu, maioh limpang kerja, nya alai kitai patut nganti sida enggau pengari wakil rakyat ari parti bukai, baka,  Pekatan Rakyat (PKR, PAS, DAP).

Selagi kitai milih parti BN, pengawa ke munaska hak kuasa bansa asal Dayak nya nadai ulih di putarka.  Tanah pesaka (NCR) asal bansa Dayak Sarawak majak lenyau, majak abis.

Noted, summarized  and understood to be the main points, reduced into writing by : -Katut Achong

August 17, 2012

Melikin Land Grab


 

The Melikin folks’ nightmare began early this year when several plantation companies encroached onto landowners’ ancestral land Provisional leases over more than 10,000 hectares of land in the area had been awarded to six private companies, believed to be linked to a few assemblymen and a former assemblyman.

Affected villagers had lodged many police reports, staged “camping” protests and held discussions with relevant authorities to seek help. However, their plight continues to fall on deaf ears.

On August 12 near midnight, five landowners from Kampung Danao Melikin were detained by the police in relation to an arson attack. The burnt logging bridge belongs to United Team Trade, one of the six private companies awarded provisional lease and caused an uproar by charging TOLL FEES to pass through their road. The company also alleged that their worker was beaten up by a group of villagers.

The five, aged from 41 to 58, including two headmen, were released three days later by the police and welcomed by some 200 villagers at the police station. None of them was charged in court.What is the purpose to put old helpless innocent villagers in jail? Are all landowners in Sarawak who defend their NCR land risk arrest and lockup?‎”The sob story of the Kampung Danau Melikin. In the past elections, they barred PKR candidates and workers from entering their longhouse during campaign period because they were very strong supporters of BN and its candidates.But when their lands were grabbed and given to a company linked to former PBB state assemblyman, they sought help from BN people who advised them to give up as the lands were not classified as NCR land. What to do – they were forced to seek help from PKR -the very party that they chased away during election time. Sarawak PKR leaders could easily say – no where we will help you.But that is not PKR’s tradition. Supporters or not, they would help. Recently PKR leaders came at the invitation of the villagers themselves. The villagers wanted YB Baru Bian and YB Chee How to take action against plantation company and other parties for grabbing their land.

Then last Sunday, close to midnight, the police team came and arrested Tuai Rumah Nyalu anak Tampa and four of his anakbiaks. The excuse was that the logging bridge, belonging to the company, was set fire by unknown people. There was no witness.The only witness (es) was or were the culprits themselves. After the police have completed their probe, the five were found to be innocent- meaning, they have nothing to do with the burning of the bridge. Now, they have instructed PKR lawyers to sue the police for wrongful arrest.”

“The sob story of the Kampung Danau Melikin. In the past elections, they barred PKR candidates and workers from entering their longhouse during campaign period because they were very strong supporters of BN and its candidates.But when their lands were grabbed and given to a company linked to former PBB state assemblyman, they sought help from BN people who advised them to give up as the lands were not classified as NCR land.What to do – they were forced to seek help from PKR -the very party that they chased away during election time. Sarawak PKR leaders could easily say – no where we will help you.But that is not PKR’s tradition. Supporters or not, they would help. Recently PKR leaders came at the invitation of the villagers themselves. The villagers wanted YB Baru Bian and YB Chee How to take action against plantation company and other parties for grabbing their land.

Then last Sunday, close to midnight, the police team came and arrested Tuai Rumah Nyalu anak Tampa and four of his anakbiaks. The excuse was that the logging bridge, belonging to the company, was set fire by unknown people. There was no witness.The only witness (es) was or were the culprits themselves. After the police have completed their probe, the five were found to be innocent- meaning, they have nothing to do with the burning of the bridge. Now, they have instructed PKR lawyers to sue the police for wrongful arrest.”

August 29, 2011

New dam, same old story


Taken from The Star by Stephen Then

 

With folk uprooted for the Bakun and Batang Ai dams yet to benefit from the electricity produced by the projects, one wonders how long the 20,000 people now sacrificing their ancestral land for the Baram dam will get theirs.

I DON’T really relish the thought of seeing another gigantic dam being built after spending the past 15 years watching the Bakun dam develop from start to finish.

It was exactly 15 years ago in August 1996 that the first dynamite hole was drilled into a mountain slope along a bank of Balui River to blast off the construction of three river diversion tunnels through the mountains — the first phase of the Bakun dam project.

I remember the day well. I was in the first batch of media personnel invited by Ekran Bhd (the developer) to visit the site.

Some 30 reporters, photographers and television crew members endured an arduous journey up the Rajang River and through the Balui River to the site earmarked for the 210m main dam wall.

It was a 12-hour boat ride from Sibu via Belaga, Song and Kapit, and we had to shoot up the Pelagus rapids, which at that time was a raging one. In 1996, there was no road from Bintulu to Bakun. The road was completed much later.

I still remember seeing the then Ekran Bhd chairman Tan Sri Ting Pek Khiing smashing a bottle of champagne onto the hillslope after the blasting ceremony, an event witnessed by Tun Dr Mahathir Mohamad, who was then the Prime Minister of Malaysia.

During the ceremony, the VVIPs told the press that the project would deliver electricity to the rakyat and solve all their power woes.

They said the project would light up homes in urban and rural Sarawak and channel electricity via submarine cables across the South China Sea to the peninsula.

That was August 1996.

Since then, I have visited the dam eight times, the last in October last year when the flooding of the reservoir started with the damming of the diversion tunnels.

Today, Bakun has been completed, but sadly, the promise that rural folks would benefit from the electricity has not materialised.

The electricity is only for industries in the Sarawak Corridor of Renewable Energy (SCORE). The project to cable electricity to the peninsula states was shelved due to high costs.

Power transmission lines from the dam run high over dozens of settlements along a 150km route from Bakun to Bintulu.

These settlements will not benefit from the electricity because they are not connected to the state grid. The dam is connected directly to the main grid and there is no power line connecting Bakun to the settlements.

I saw the same situation at the Batang Ai dam in Sri Aman Division in southern Sarawak where the settlements closest to the site were also without electricity supply.

As in Bakun, the transmission lines bypass them.

The electricity is only for the benefit of industrial users, residential estates, commercial centres and offices located hundreds or thousands of km away from the dams.

Those who were uprooted from their ancestral homes to make way for the dams do not benefit from the electricity.

Unfair, isn’t it?

Senior Iban leader Tan Sri Dr James Jemut Masing agrees that this should not be the case.

In interviews with The Star and a local newspaper, Masing admitted that locals in Bakun, the Sungai Asap resettlement scheme and Belaga district should also enjoy the 24-hour electricity from Bakun.

“These folk still use generator sets to produce a limited amount of electricity,” he said.

As a matter of social justice, Sarawak Energy Bhd and Sarawak Hidro (the Bakun dam manager) should supply electricity from the dam to these local folk whose lives had been affected by its construction.

Masing said he would try to ensure that the electricity be connected to Sungai Asap, where 15,000 relocated from the Bakun area now live.

He said he would also try to ensure that the rest of the 40,000 population now located in the surrounding settlements and Belaga town were also connected to Bakun to enjoy 24-hour power supply at cheaper rates.

This sounds nice, but in reality, it is easier said than done.

The Star has learnt that to draw electricity from the dam and the Sarawak main grid to the settlements from Bakun to Bintulu would cost more than RM60mil.

A lot of infrastructure work has to be put in place before this can happen. So far, no “volunteers” have come forward to offer the money.

When asked on this, Dr Masing admitted that Sarawak Energy and Sarawak Hidro had said that the move would be extremely costly.

“So far, no decision has been made as to whether the electricity from the Bakun dam will be connected to the settlements near Bakun or Belaga town.

“I hope it will be done for the sake of social justice for the Bakun folk,” he stressed.

I sincerely hope that Dr Masing’s wish will become a reality soon.

As it is, the harsh reality is that the Bakun dam, just like the Batang Ai dam, has not benefited the very people whose lives had been uprooted and ancestral land sacrificed for the dams.

The promise of jobs for locals also did not materialise. Even after 15 years, there is still a lot of unemployment in Sungai Asap and the number of jobs at the Bakun dam is limited.

The latest additions of hydro dams in Sarawak will be in Baram district in the interior of Miri division in northern Sarawak.

Three days ago, Baram MP Datuk Jacob Dungau Sagan announced the setting up of a government-appointed committee to handle resettlement and compensation issues of more than 20,000 folks from 25 longhouses who will be uprooted for the 1,000MW Baram dam in Long Kesseh, some 200km inland from Miri city.

It looks like there is no turning back — the Baram dam project is on.

Already, an access road to the dam site is being opened up.

The Baram dam will be half the size of the Bakun dam and cost RM7.3bil — about half the cost of the Bakun dam. But in terms of population of natives affected, it will eclipse the mighty Bakun dam.

In Bakun, an original population of about 10,000 were uprooted. In Baram, however, this will happen to at least 20,000 from 25 settlements.

Sagan, also the committee’s chairman, said that efforts would be made to ensure the local Baram folk benefit from the electricity from the dam.

The mistakes made at the Bakun and Batang Ai dams would not be repeated in Baram, he said.

I hope he is right.

August 26, 2011

Insidious Plantation Activities in Tanjung Upar Destroy Iban Communities’ Livelihood and Sustenance


SAHABAT ALAM MALAYSIA PRESS STATEMENT

26 August 2011

SAM would like to express our shock over the progress of plantation activities that are being carried out at a fast pace in Tanjung Upar, Baram Sarawak, which are affecting a group of landowners without their consent. The company involved obtained a Provisional Lease (PL) over Lot No. 1210 of the Puyut Land District several years ago but it has yet to issue official notice to the community regarding their intention to plant oil palm.

This PL was issued by the Sarawak State Government along with those on Lot 197, Lot 1207 and Lot 1200 within the Puyut Land District, measuring about 21,913 ha and affecting three communities including Rumah Chabop and Melayu Narum. These PLs will soon consume the native land that has been timelessly worked by the people to sustain their livelihood and to ensure their daily sustenance – a way of living that has been in existence since Rajah Brooke days and beyond.

Despite having substantial proof of native customary rights on the land, development companies have already taken over the communities’ communal forests and farmlands. The Iban community of Rumah Vincent in Tanjung Upar is reportedly being pressured to stay away from their own farmlands that have been insidiously encroached into by an oil palm company beginning July.

The community, made up of 292 persons, has lost most of their fruit trees and cash crops on their farmland despite pleading the company to stay away from them. They fear that the perpetuity of this project will eventually wipe out their last remaining farmlands and their ancestral graves that are situated near Loagan Tujuh. Already another company has destroyed their communal forest and covered the land with straight rows of oil palm with no compensation being paid to them.

Due to the merciless intensity of the oil palm development in Tanjung Upar, the community staged a protest across the plantation road on Aug 7, 2011. They held up banners that read `Tanah adalah jiwa dan sumber kepenghidupan kami. Harta musnah, pampasan tiada’ (Land is our life and source of livelihood. Our property’s destroyed without compensation). SAM is alarmed that the company’s unfettered actions have resulted in the community being cut-off from food resources and in the loss of their livelihood obtained from lakes that are now heavily silted and contaminated with chemical spray run-off from the plantations.

Time and again, calls have been made to respect the rights of the natives and for the State Government to improve the transparency in land and forestry governance. Therefore, we urge the Sarawak state government to investigate the complaints that have been lodged by the community and to respect the rights of its indigenous communities. We also call upon the Sarawak Land and Survey Department to implement the free, prior and informed consent process in all their decision-making.

Taking all the complaints and hardship suffered by affected communities into consideration, as well as their legal rights to their land, we urge the Sarawak State Government to ensure that all indigenous community village territories are excluded from all plantation licences and any development on such land should only proceed with their free, prior and informed consent.

S.M.Mohamed Idris President of SAM

Sarawak govt ‘constantly’ ignoring court rulings


Taken from Free Malaysia Today

 

KUCHING: State opposition PKR has accused the Sarawak government of “abusing and misusing” the office of the state Attorney-General’s Chambers (A-G) to defend the wrong-doings of a few who continue grabbing native customary rights (NCR) land.

According to PKR vice-chairman See Chee How, the state government is “constantly” denying court rulings favouring natives on NCR land.

“The High Courts, the Court of Appeal and even the Federal Court have spoken and ruled on the recognition of NCR according to the customary practice of the natives concerned, but the state government chose to have its own restrictive interpretation.

“The state government is in its denial mode and likely to continue doing so, no matter how many cases are decided in favour of the native communities that have chosen to stand up against the state Barisan Nasional regime.

“To me, it has reached the extent that it is an abuse and misuse of the office of the state Attorney- General’s Chambers to defend the wrong-doings of a few who continue their land grabbing,” he said.

See, who is also Batu Lintang assemblyman, said the most affected are the investors as they will not be able to recover their investments, having paid dearly for the land and ended up having to re-negotiate with the native landowners.

“In the first place, they should have been able to have (direct) joint ventures with the native landowners and thereby derive mutual benefits.

“Instead, they used Pelita (Land Development and Protection Board) and deprived the natives of their rights.

Losing investors’ trust

“The state government is gradually but obviously losing the trust of genuine investors.

“Eventually, more and more of the rural landowners will realise their mistakes of voting for these BN politicians.

“The popular votes for the BN had been slashed 8% in the last state election to 55%.

“It is losing ground and it is just a matter of time that they will be voted out of office,” said See.

See, who is a lawyer with Baru Bian Advocates, was commenting on a suit brought by Jubang Anak Punjab, Juslin Majang Anak Pundu, Mat Anak Tanggon and the residents of Kampung Sual, Simunjan, against First Binary Sdn Bhd, the director of forestry, the director of Land and Survey Department and the state government for encroaching into 168 acres of their NCR land.

The Kuching High Court Judicial Commissioner Ravinthran Paramaguru, who heard the case, declared that Jubang, Juslin Majang, Mat Anak and the residents of Kampung Sual are the owners of the disputed 168 acres.

Ravinthran said that in view of his acceptance of the evidence on oral history and tradition in respect of the NCR land claim over the disputed area, he was only prepared to grant a declaration that the plaintiffs have established NCR over the 168 acres.

“As the plaintiffs have only succeeded partially against the government, I shall reduce the costs that they are entitled to.

“I shall order the second defendant (director of forest), the third defendant (director of Land and Surveys) and the fourth defendant (the state government) to pay costs of RM30,000 to the plaintiffs.

“In so far as the first defendant (First Binary) is concerned, at the time the suit was filed in 2007, the timber licence subsisted.

“In the premises, I shall order the first defendant to bear their own costs,” he said.

See represented the natives, while Allan Lao and Lidwina Kiew of Messrs David, Sagah and Teng Advocates, Kuching, appeared for First Binary.

Dayang Jamillah Tun Salahuddin of the state Attorney-General’s Chambers represented the director of forestry, director of Land and Survey Department and the state government.

So far, Baru Bian Advocates has successfully represented more than 10 NCR land cases and more than 100 are still pending at the High Court. Click here for the full Case Judgment

July 9, 2011

CONFIRMED NCR PERIMETER SURVEY ACCORDING TO LAND AND SURVEY MAP


Taken from Borneo Independent News Service

I am Lake’ Jaro’ calling from my jungle lair to all my anak-anak, cucu-cucu in Telang Usan.I am very very worried looking at the trend the BN Government is subtly legalizing their claim over our NCR land through the  NCR initiative.

For the information of all, as I understand it the Land and survey Department will carry out perimeter survey on our NCR land. This survey must be approved by the BN government by issuing a letter of approval for Lot Block Alienation Scheme (BAS).

After the completion of the survey work, the land will be gazetted as NATIVE COMMUNAL RESERVE under section 6 of the Sarawak Land Code. The gazette will be kept at the Land and Survey Department, District Office, and  a copy extended to the relevant community heads.

According to the GOVERNMENT THE GAZETTE ITSELF IS LEGAL PROOF THAT THE SURVEYED AREA BELONG TO THE NATIVE LAND OWNERS. The rights over the land gazetted as Native Communal reserve under section 6 is administered by native system of personal law.

I bring your attention to the statement at item No. 4 below. This is the clearest indication so far to indicate that the government is only planning to enforce the NCR land boundaries according the government claim. Once this boundary is gazetted and becomes Native communal reserved Land,  the orang ulu has no right to claim their NCR lands outside the  surveyed and gazette area.

My Brothers and Sisters, anak-anak, cucu-cucu, if you recall, the BN State Government agreed to the survey after tremendous pressure from the Prime Minister just before the last State Election, to boost up support from the poor, marginalized and  uneducated Dayak voters. But the Dayaks NEVER LEARNED and stay loyal to the BN Government that has been keeping them poor so that they can be manipulated and bought with RM15.00, a pig and cases of beers.

ON THE SURFACE, the program look good. So I am sure that the stupid Dayaks will now be appreciative of this new “initiative”, thinking that the BN State Government has finally recognized and take steps to safe guard our NCR lands.

IN MY OPINION, I really think that the Sarawak BN State Government under the able leadership of “PEHIN SRI YANG KITA KASIHI” is actually legalizing their claim on our NCR land. HOW ?

1. The BN State Government will identify the NCR area and approved it to be surveyed. Their statement to ask the NCR land owners to help identify the boundary is utter nonsense because during their briefings they already identify our NCR land boundaries according to the government claim.

2. Owners and demand that the native land owners give their full cooperation.They give the poor dayaks only 2 weeks or a month to make a decision. This is a way to  pressure the land owners to giving in to their demands.

3. THE AREA TO BE SURVEYED WILL BE ACCORDING TO THE LAND AND SURVEY MAP AND NOT ACCORDING TO THE NATIVE CLAIM OF THEIR NCR AREA. THIS IS WHERE THE TRAP IS SET.

4. During one of the dialogue sessions with the land and survey department in Kapit (Borneo Post Friday July 1, 2011), the Land and Survey Officer Vivilyn Wesly Kapi explained that before the NCR land was handed over to the natives in Sarawak, the measurement of  perimeter to segregate NCR LANDS from that owned by the government, and also to verify boundaries between longhouses in the area need to be carried out.

5. The question the Natives should ask themselves is “WHY DO THE BN GOVERNMENT ONLY SURVEY THE NCR LAND ACCORDING TO THEIR DEFINATION OF NCR LAND?” The answer is crystal clear and very simple. The BN Government NEVER intended to recognize the natives claim of NCR land!. If they do recognize our NCR claim then thousands and thousands of hectares of OIL PALMS and TREE REPLANTING ESTATES belonging to the BN YBs, and their cronies will be included under the surveyed NCR lands.

6. The Natives should never agree with the Land and Survey/BN Government to survey their NCR land according to the Land and Survey Map. Because by doing so you have agreed to give your NCR lands outside of the surveyed area to the State Government and their cronies.

7. So our only course is not to survey our NCR land if it is not surveyed according to the area that we claimed as our NCR land. However we would be very grateful to the Government if the perimeter survey is according to claimed NCR area.

8. According to the Borneo post Friday, July 1, 2011 and Wednesday July 6, 2011

The government has approved perimeter survey to be carried out at the following areas:

a. Perimeter survey of sungai Patah and Batang Baram area containing an area of 9346 hectares belonging to 1455 land owners. i.e an average of 6.4 hectares per land owner. Don’t tell me that after many generations our fore fathers only managed to clear 6.4 hectares (15.36 acres of NCR land)!

b. Perimeter survey of Lio Matoh batang Baram area containing an area of 1095 hectares for some 1187 land owners. i.e 0.92 hectare per land owner. Don’t tell me that the people of Lio Matoh batang Baram only owns 0.92 hectare (2.25 acres) of  NCR land. Even the people at Sungai ASAP are given 3 acres per family for moving away from Bakun Hydro Dam.

c. Perimeter survey of NCR land Long Bedian (Lg. Bedian, Long Atip, Long Wat, Long Bemang) in the Apoh area containing an area of 9710  hectares belonging to 1500 NCR land owners from 200 doors.  One can only ask how many NCR land owners are there from the 4 main longhouses at Long Bemang, Long Wat, Long Atip and long Bedian in the Apoh river. Long Bedian and Long Atip alone has more than 200 doors. And what about the poor Penan lands?

9. According to the Land and survey map there is no inclusion of “pulau galau” (tana lung) and “pemakai menoa” (tana kaso’) even our temuda (ba’e, sepiteng, kaharah uk, kaharah aya’) are not all included.

So dear brothers and sisters in Telang Usan, I hope you understand what I am trying to explain. If I, an old penan man from deep in the jungle can anticipate what the BN Government is trying to do to steal our land further, the rest of you settled Kayan, Kenyah, Penan, Berawan, Kelabits, Ibans etc..etc.. should know better. You will be cursed by your anak-anak, cucu-cucu if you do not fight for your right to your land, better education, infrastructures, opportunities for your children. Your soul will know no peace!

Any way, for the Kayans, Kenyahs, Penan, Kelabits Sebob, Saban above the Baram DAM; you have voted for the BN GOVERNMENT in the last State election. Once the Baram DAM is completed you do not have to worry about your NCR lands, your long house, your ancestors graves, your gardens etc. because all that you have will be wiped out. YOU HAVE NOTHING !. Let Yang di Kasihi take care of you. Your BN representative Datu Seri TAMA PUYANG has assured that The Baram DAM is the best gift of untold Development by Tuan Yang di Kasihi, Pehin Seri  Taib Bin Mahmud.

Our YBs Datuk Jacob Dungau Sagan and Brand new YB Dennis Ngau Jok are both mum about the Baram Dam. They keep opening Minor Rural Project left and right at longhouses above the Baram Dam. They are wasting tax payers money, our  money, because their area will soon be under 600 feet of water.

I am appalled by the realization that the people above the Baram Dam seem not to realize what is going to happen to them, including Datuk Seri Tama Puyang. They seem to take it easy, unbelieving that they are going to be displaced and lose everything under the name of Development for Pehin Seri Yang Kita Kasihi. Taib Mahmud.

For those of us Penan in the Apoh Area we look forward to the swarm of wild boars, deers, kijang, pelandok being displaced by the Baram DAM catchment area.

We are only worried that the Apoh and Tutoh river water level will recede and become too shallow for any river navigation. This is what is happening down river of the great three gorges dam in China where there was marsh land / swamp land before is now desert, depriving the locals of fish for their livelihood.

Thank you all.

Lake’ Jaro’

Penan Long Late

Ulu Apoh.

February 13, 2011

Taib’s Brute Land Grab – BN PBB Members and Supporters not Spared


Taken from Hornbill Unleashed

Keruah Usit

In an unprecedented show of dissent by members of Abdul Taib Mahmud’s own party, Parti Pesaka Bumiputera (PBB), Malay and Bidayuh villagers from Sampadi, Lundu, gathered at the Kuching High Court yesterday to voice their anger.

The villagers were dismayed at the takeover of their smallholder oil palm farms by Polar Horizon, a subsidiary of Titanium Management, a conglomerate owned mostly by Abu Bekir Taib, son of chief minister Taib Mahmud. 

A large crowd of villagers from Lundu cheered when a sub-branch chairman of Taib’s own party spoke out against the provisional licences to 1,500 hectares of land around their villages, awarded by Taib to Polar Horizon, benefitting his own son.

As self-appointed minister of planning and resources, Taib wields power over granting or ‘alienating’ enormous parcels of land for ‘development’.

Earlier this month, the Sampadi villagers were given summary notice to vacate the land within 30 days.

“They never informed us … we were taken by surprise,” said Jamain Mahmud. Jamain, no relation to Taib, is the former ‘ketua kaum’ or village chief, and current PBB sub-branch head, in Kampung Sungai Cina in the Sampadi area.

The communities resisted the eviction notice, and Polar Horizon began legal action against them. When the villagers appeared in court yesterday, they filed a countersuit against Polar Horizon and the state government, claiming the provisional licences had encroached onto their Native Customary Rights (NCR) land.

“We’re only asking for consideration for our land, which has already been settled and planted with oil palm. We’ve already done all this (ourselves). What the government has been calling for, (saying that) NCR land must be developed, we’ve done,” said Jamain.

“But why did we not get (the rights to) the land? People who never opened up the land got the land.”

The villagers’ lawyer, land rights activist See Chee How, condemned the land takeover.

“This is the most blatant and outrageous land grab among all the cases we have handled,” he said.

Jamain, and eight others named in the counterclaim, represent 481 other villagers from Kampung Sampadi, Kampung Sungai Cina, Kampung Setia Jaya and Kampung Kangka, just over an hour’s drive east from Kuching.

Najib’s dilemma

The Sampadi villagers urged the state and federal governments to protect their native rights, enshrined in the constitution and Sarawak’s Land Code. In their defence statement, they argued the land is “fundamental to (our) social, cultural and spiritual survival as native people of Sarawak.”

NONEThe pointed appeal by the grassroots to the federal government highlights Prime Minister Najib Razak’s dilemma, in deciding whether to continue supporting Taib as state BN leader, or to remove him.

International publicity has swirled around Taib’s immense wealth, and allegations of corrupt practices in land acquisition, producing multimillion ringgit windfalls for his children and family.

We hope Pehin Sri (Taib) as Sarawak’s chief minister, will take responsibility for this matter. I am a (PBB) party member from way back, I have worked in my area, but no action has been taken (on our behalf). So there’s been no use in all our previous campaigning for PBB, because we have been sidelined,” Jamain said.

“To put it bluntly … don’t rob us of our rights, our NCR land. This is the land we have survived on from our ancestors’ generation,” he stressed. His words were echoed by cries of “don’t chase us out!” from other villagers.

NONE

The villagers explained to the High Court that Kampung Sampadi had  been established by 1902, and that they relied on their land for their livelihood: for fishing, for paddy cultivation, and for planting crops such as durian, rambutan, jackfruit and cassava. Since 2007, they had also begun oil palm cultivation, in collaboration with Rona Hijau, a company based in Sibu.

In court, the villagers presented locality plans and maps produced as a result of surveying work performed by the Land and Survey Department since 1988. Hundreds of parcels of NCR land had been surveyed and identified, they pointed out.

penans meet suhakam 130208 see chee how“It is unknown why titles have yet to be issued to the native landowners,” their lawyer See Chee How told Malaysiakini, with some sarcasm.

Large scale oil palm plantations and timber concessions run by wealthy companies, closely tied to the state’s political elite, have caused the loss of huge tracts of NCR land.

As a result, NCR landowners have filed more than 230 lawsuits against the state government. These lawsuits are a political time bomb for Taib’s party, ticking away in court, and spreading anger among rural communities throughout the state.

In contrast, oil palm small-holdings worked by NCR landowners themselves have lifted some communities out of poverty.

“To the Land and Survey (Department), we say, come down to see us, ‘turun padang’, see for yourselves,” Jamain urged. He explained the villagers had appealed repeatedly to the Land and Survey Department, as well as their elected representatives, to recognise their NCR land. But their pleas and signed petitions had bore no fruit.

When asked whether he still supported Taib’s party, Jamain replied, “I can’t say. As PBB branch head, I have to speak up for the people standing behind me. There’s no use being branch head if I don’t fulfill my mandate, and all our villagers’ rights are gone.”

His words were greeted with applause from the other villagers present.

Please click the picture below to download he  countersuit in PDF  Format

 

February 7, 2011

Native Rights Activist Lawyer turns up in court to answer sedition charge, but no show from police


FOR IMMEDIATE RELEASE

7 February 2011

Native Rights Activist Lawyer turns up in court to answer sedition charge, but no show from police

MIRI – Native rights activist lawyer, Abun Sui Anyit this morning turn up at the Miri court complex backed by 120 indigenous representatives to answer the sedition charges level against him when he was arrested by the police at the Miri Airport on the 6th January 2011. However, after waiting more than an hour the police did not turn up.

Abun then inquired about his case to the court registry but the court officers told him that his name is not listed in the court registry for a hearing.

He then called the police investigating officer, but the investigating officer is away in Kuching and said that the case is still under investigation.

Met outside the court complex, Abun said that the police told him they made a mistake in issuing the police bail to him and ordering him to appear in court today.

Abun said he is not blaming the police for the mistake as they are only following orders.However he said, “We should question those who are in power that they should not abuse their authority in order to intimidate the people who are just asserting their rights and exposing the truth about their problems.”

He thank his supporters for coming out to give him support, and he hopes that they will be continuous support to other communities currently battling their land dispute cases in courts throughout Sarawak.

Abun was arrested at Miri Airport on the evening of 6th January after disembarking from the flight from Kuching. The police seized a few copies of compact discs (CDs) from him and he was detained and question for a few hours until finally released at 3 am the next morning.

The CDs were that of Radio Free Sarawak broadcasts, video clips of testimonies from several indigenous community members and other political materials.

Released by:
Mark Bujang
Executive Director, BRIMAS

BORNEO RESOURCES INSTITUTE MALAYSIA  
Lot 1046, 2nd Flr. Shang Garden Com. Centre
Jalan Bulan Sabit ,98000 Miri, Sarawak
MALAYSIA
 
Postal Address:
P.O. Box 1065 ,98008 Miri,Sarawak.
Tel: 085 423044
Fax: 085 438580
Email: markbujang@gmail.com

The Kayan community of Long Bemang submit memorandum to PM


 

FOR IMMEDIATE RELEASE  

 7 February 2011  

 The Kayan community of Long Bemang submit memorandum to PM  

MIRI – The Kayan community of Long Bemang together with their Chief yesterday submitted a memorandum to YAB Datuk Seri Najib Tun Razak, the Prime Minister of Malaysia demanding that the government look into their issues and problems, especially regarding their native customary rights (NCR) to land.  Security was tight, when Najib visited Miri in conjunction with the National Level Chinese New year Open House held at the Miri City Fan last night therefore the community only managed to pass their memorandum to Najib’s personal aides.

In the memorandum, the community of Long Bemang said that they have settled in the Sungai Apoh area in the Baram District since the forties and with the encouragement of the then colonial government established their communal boundary with the other Kayan and Penan communities in the area.

The government has also supported them throughout the years until today by providing them with a primary school, rural health clinic, gravity pipe water supply, electric generators, the village road and agricultural subsidies for paddy, rubber, pepper and fruit trees. The government also provided the village with grants to maintain their longhouse.

Not only that, the government has also appointed the Chief for the Apoh region from the village as well as the headman and supporting the village development and security committee (JKKK). In the memorandum the community mentioned that their customary land is their blood and life which they had inherited according to their customary practices from their ancestors.

However, in the memorandum it states that the community have found out that their customary land has been licensed out to Pusaka KTS Forest Plantations Sdn. Bhd. (PKTS) in 1989 by the Sarawak Minister of Resource Planning and Management and the Director of the Sarawak Forestry Department for the establishment of an industrial tree plantation.A large part of their customary land which consists of mostly farmland is affected by the licence and the community are concern that this will affect their livelihood. After listing down their concerns, the community in their memorandum demanded that all their NCR land be excluded from PKTS licensed areas.

They demanded that the government should survey and gazette their communal boundary and any survey and demarcation works has to be done with full participation from the communities.  The government and its agencies and the private companies should, in their process of consultation uphold the principle of free, prior and informed consent (FPIC) before implementing any development projects within the community’s NCR territory also in accordance with the principles in the United Nations Declaration on Indigenous Peoples (UNDRIP).

In the memorandum, the community also stated that Petronas’ Sarawak-Sabah Gas Pipeline Project (SSGP) has cut across their NCR territory. However, the community does not object to this project but they demanded that Petronas will be responsible for the welfare of the communities affected by the project according to company’s corporate social responsibility (CSR) principles.

The memorandum is signed by Penghulu Ajang Jok as the Chief of Apoh area, a representative of TK Deng Anyie, the headman for Long Bemang and Ngau Jok as the chairman of the village committee.

Press release issued by:

Mark Bujang Executive Director, BRIMAS 

BORNEO RESOURCES INSTITUTE MALAYSIA
Lot 1046, 2nd Flr. Shang Garden Com. Centre
Jalan Bulan Sabit ,98000 Miri, Sarawak
MALAYSIA
 
Postal Address:
P.O. Box 1065 ,98008 Miri,Sarawak.
Tel: 085 423044
Fax: 085 438580
Email: markbujang@gmail.com 


See the copy of memorandum below

December 15, 2010

NCR Defender to be charged in Court tomorrow


Taken from Hornbill Unleashed


Numpang Anak Suntai (picture) will be charged in the Magistrate Court in Serian tomorrow morning, allegedly for criminal intimidation.

Last month, Numpang together with 290 other representatives of the 15 Iban communities from Sebangan, Simunjan, Sarawak had filed a suit against Quality Concrete Sdn Bhd, a logging company substantially owned by Sarawak Chief Minister’s sister Roziah @ Raziah Mahmud, for trespassing and encroachment into their native customary rights land.

Family members, friends and relatives of the gentle-speaking Numpang are expected to crowd the Serian District Office premises to show their support for him and the on-going battles to defend native customary land rights in Sarawak.

Related articles in Hornbill Unleashed:

Logging paper-trail leads to Taib’s family

15 Iban villages sue company of Taib’s sister

Logging company of Taib Mahmud’s sister sued by Sebangan natives

Iban logging protestors defy Taib’s family

Breaking News : Simunjan 7 NCR landowners freed!

200 NCR landowners demand to be detained

Raziah – Protestors jailed

NCR land dispute: ‘Intelligence report’ for PM

Raziah Grabs Multi-Million Dollar Forest For Just RM250!

Blatant disregard for native customary rights

They come at us with laws and guns and accuse us of intimidation?

September 25, 2010

Naroden,are you kidding?


“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:-

  • Tanjong Midin, Batang Kerang, Simunjan/Serian, Lot 2984 Melikin land district of 4555 hectares approved in 1996 under the Pelita Nirwana Muhibbah Sdn Bhd;
  • Batang Kerang, Simunjan/Serian, Lot 2981 Melikin land district with 3770 hectares approved in 1988 under the Gedong Plantation Sdn Bhd;
  • Batang Kerang, Simunjan/Serian, Lot 2980 Melikin land district with 3480 hectares approved in 1988 under the Gedong Plantation Sdn Bhd;
  • Between Batang Sadong and Sungai Simunjan, Lot 1226 Sedilu Gedong land district with 2182 hectares approved in 2004 under the Hydroflow Sdn Bhd;
  • Between Lubuk Teba and Sungai Sentok, Gedong, Lot 1227 Sedilu Gedong land district with 593 hectares approved in 2004 under the Hydroflow Sdn Bhd;
  • Tanjung Embang, Simunjan, Lot 1228 Sedilu Gedong land district with 189 hectares approved in 2003 under the Indranika Jaya Sdn Bhd;
  • 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

August 3, 2010

NGOs slam Sarawak SB for detaining native activist


 

Taken from Free Malaysia Today

KUCHING: Two non-governmental organisations have strongly condemned the detention of native customary rights lawyer and activist Harrison Ngau at the Kuching International Airport yesterday.

Ngau was interrogated by Special Branch and immigration officers and only allowed to leave after he told them that he had nothing to do with the London protests against Chief Minister Abdul Taib Mahmud over the Penan issue.

The Borneo Resource Institute Malaysia (Brimas) condemned the latest attempt by the state authorities to restrict the movement of human rights and people activists.

“It looks like Land Development Minister James Masing’s pledge that the state government was willing to engage with NGOs is already beginning to sound hollow,” said Brimas executive secretary Mark Bujang.

“The state government is reverting to its old tactics of intimidation and restricting activists from travelling abroad.

“There are a few Sarawakian activists who are not allowed to travel outside the country, and a number of activists from West Malaysia and Sabah are not allowed to enter Sarawak,” he said.

“This is clearly a violation of our constitutional rights and also a breach of the United Nations declaration of indigenous people (Undrip)” he said.

Hidden agenda

The Sarawak Dayak Iban Association (Sadia) meanwhile in an email to FMT condemned the “ill-intention of the authorities to hold the indigenous lawyer at the airport.”

“I know that Harrison is here to attend a dispute resolution under RSPO (roundtable sustainable palm oil) mechanism meeting.

“The dispute is over native land issue with IOI oil palm company which has an estate in Tinjar, Baram,” said Sadia secretary general Nicholas Mujah.

The lawyer, according to Mujah, was also to discuss with IOI lawyers about the company’s appeal against the high court decision that favoured the natives.

“But the biggest concern is why there is a need to harass Harrison. He is just a poor lawyer,” said Mujah, stressing that the authorities in the state need to be well-informed and trained about human rights laws, practices and application in this modern world.

Describing the present government system as obsolete, he said the arbitrary abuse of power in many cases had contradicted the principle of laws – state, national and international laws.

He said: “I feel there is an ulterior motive or a hidden agenda why they have to harass and intimidate him.
Ngau was previously noted for his anti-logging activities and leading blockades by the indigenous people against timber operations in the Baram area.

“Is it because Harrison is brave in defending the rights of the poor natives of Sarawak?” he asked.

Because of these activities he was put under house arrest for almost two years beginning from October 1987 and spent 60 days under the Internal Security Act.Part of this time he was placed in a solitary confinement and interrogated twice daily.

In 1987 his passport was impounded by the state authorities and was returned to him in 2003. However, his movement inside and outside the country continued to be monitored by the authorities.

 Also read:

Harrison Ngau held at airport

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