"Mangkang Menua,Mangkang Dunya,Ngetan Ke Bansa!!"

July 27, 2010

This is another LIE that came out from a LIAR!!!!


Taken from The Borneo Post

KUCHING: In an immediate move to realise the new native customary rights (NCR) land initiative as announced by Chief Minister Pehin Sri Abdul Taib Mahmud on Friday, the state government will carry out block perimeter survey of “matured areas”.

CONGRATULATIONS: Jabu (centre) congratulating the newly-appointed political secretaries to the Chief Minister. From left are Sih Hua Tong, Kijan Toynbee, Angeline Umih and Tengku Gruna.
CONGRATULATIONS: Jabu (centre) congratulating the newly-appointed political secretaries to the Chief Minister. From left are Sih Hua Tong, Kijan Toynbee, Angeline Umih and Tengku Gruna.

 New initiative to begin in NCR land with capacity to generate higher income among participants

 In disclosing this yesterday, Deputy Chief Minister Datuk Patinggi Tan Sri Alfred Jabu Numpang said block perimeter survey of matured areas could benefit both the state and land owners.

 He said the exercise involved identifying areas considered “matured for development” and then giving priority to these areas to be block-surveyed along their perimeters.

 “Priority will be on areas which are matured for development. This is because we want to see that the surveying of NCR land is related to income and economic generation which will be good for the state and the land owners themselves.”

 Jabu said this to reporters after witnessing the swearing-in of four new political secretaries at Wisma Bapa Malaysia here yesterday.Read more here 

This press release was distributed by the Information Department on July 23, 2010.


Pengayau Comment

The REAL ISSUE is,Sarawak Land Code only recognizes NCR land prior to 1958. In other words, land settled and cultivated by natives after 1958 is NOT recognized as NCR land and Natives settling and cultivating those lands AFTER 1958 are regarded as squatters and trespassers on State land!!!!Since the amendment of the Land Code in 2000, the NCR lands have become thorny issues as the amendment not only declares all untitled lands including NCR lands as “State Lands” but criminalizes the land owners for defending their rights. Many have landed in jails!!

In Sarawak,the 1958 Statutory Sarawak Land Code defines Native Customary Land as, “land in which native customary rights, whether communal or otherwise, have lawfully been created prior to the 1st day of January 1958, and still subsist as such.”
The keyword “lawfully” is further defined under Section 5, specifying methods in which Native Customary Rights may be created as:

•· The felling of virgin jungle and the occupation of the land thereby cleared;
•· The planting of land with fruit trees;
•· The occupation or cultivation of land;
•· The use of land for burial ground or shrine; or
•· The use of land of any class for rights of way.

In 2000, wide-ranging amendments were introduced and passed by the Sarawak State Legislative Assembly, among which, an existing mode for the creation and acquisition of native customary land rights by “any other lawful method” was deleted. This particular amendment has yet to be gazetted, but it remains only one administrative act away to remove the enabling sub-provision most directly associated with the use of adat to create and acquire native customary rights over land.

The Malaysian Courts have ruled and expressly affirmed that the native customary land rights of the indigenous peoples in Sarawak have survived all the Land Orders,Ordinances and Land Code for Tr Nor Ak Nyawai,but the Sarawak State Government has chosen and continues to ignore this judicial enunciation!!!

NCR land campaign fodder for Dayaks

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.



Dapat,dengan kebenaran diberi oleh Kerajaan. Hanya selepas 1hb Januari 1958, masyarakat Dayak tidak dibenarkan menduduki atau membuka kawasan tanah yang baru selain daripada tanah yang terdapat dalam kawasan ‘menoa’ mereka. Kerajaan Negeri hanya membenarkan masyarakat Dayak membuka dan menduduki Tanah Kerajaan (State Land) jika kebenaran atau permit telah diberi.

Contohnya: Pada tahun 1960’an, komuniti Iban di Sungai Sebatu, dalam kawasan Suai-Niah telah dibenarkan oleh Kerajaan Negeri untuk menduduki tanah kerajaan dan mereka mempunyai bukti seperti dokumen-dokumen dan peta tanah mereka yang diberi oleh Jabatan Tanah dan Survei, Bahagian Miri. Dengan cara sebegini, hak tanah adat mereka adalah sah.”

“Selain daripada Kanun Tanah Sarawak, undang-undang lain yang melindungi tanah NCR ialah:

Perkara 13 Perlembagaan Persekutuan menyatakan:

(1)Tiada sesiapa pun boleh dilucutkan hartanya kecuali mengikut

(2)Tiada sesuatu undang-undang pun boleh membuat peruntukan bagi
mengambil atau menggunakan harta-harta dengan paksa dengan tiada pampasan yang mencukupi.

Perkara 47 Perlembagaan Sarawak menyatakan:

(1)Tertakluk kepada peruntukkan di dalam Perkara ini, semua harta-benda dan aset di mana sebelum berkuat-kuasanya Perlembagaan ini, adalah dibawah kuasa Baginda untuk tujuan Koloni Sarawak, akan beralih ke Negeri berkuat-kuasanya Perlembagaan ini.

(2)Mana-mana tanah di dalam Negeri di mana sebelum berkuat-kuasanya Perlembagaan ini, adalah dibawah kuasa Baginda akan beralih ke Negeri berkuat-kuasanya Perlembagaan ini.

(3)Mana-mana harta-benda di mana sebelum berkuat-kuasanya Perlembagaan ini telah pun diambil-milik oleh Baginda akan diambil milik oleh Negeri berkuat-kuasanya Perlembagaan “

To the Private Companies,they dont give a damn and they dont care because to them,its their land.Its all about Political Will of the present State Government which happen to be BN to recognize our Rights over our NCR Land..We can negotiate,we have no problems with that but what is the results?Taib blames Dayaks shifting cultivators fro creating NCR Lands.To make thing even worse,the State Government identified certain areas based on aerial photograph after 1.1.1958, once the photo shows there are jungles, the area is identified as Stateland.

The L&S will issue PL for that area and give (sale) them to certain companies or individual n tht individual ill sell to big companies or certain timber concession areas given to companies/individual earlier,given PL(Provisional Lease) n sold to big companies to develop oil palm.

The gov’t will get the money frm the land premium.This is what that has always been a conflict between the Private Companies and the NCR Land Owners.Ulu Niah,Tr Nor Ak Nyawai and many other cases with more than hundred of cases still pending for Trial in court.Sarawak NCR Land Dispute Cases Involving Logging and Other Issues

Its all about Political Will of the present State Government which happen to be BN to recognize our Rights over our NCR Land..We can negotiate,we have no problems with that but what is the results?

Why there is Federal interference in land which fall under state jurisdiction?Why only now the State Government finally agree to do a Perimeter Survey on NCR Land?In other aspects,it seems to prove that BN in Sarawak is USELESS and HOPELESS!!Why do they need Najib to interfere?Land is a state matter!!This has further proven that BN Politics of Developments is FAILURE and the biggest SCAM!!


 Pakatan Rakyat Offers Better Land Code Affecting Their NCR Lands If Given Mandate To Rule Sarawak

Iban has better choice in Pakatan Rakyat especially Parti Keadilan Rakyat (PKR). PKR in its Convention held on 28 July 2009 at Crown Tower Kuching, adopted the resolution on Land as follows :-
(1) To ensure that alienation of land shall be fair and just and that landless and needy Sarawakian families shall be entitled to apply for and be granted alienation of lands.
(2) To make it a fundamental policy that in Sarawak land belongs to the people and government only holds and administers land in trust for the people as opposed to the policy that all lands are state land.
(3) To make residential land to be issued with grants in perpetuity. All lands currently held with 60 or 90 years lease periods are to be automatically converted to land with such lease with no further payment  or premium except for nominal administrative charges.
(4) To review, amend or repeal any legislation or provisions in any land statutes that are unjust, oppressive and burdensome to landowners.
(5) To introduce amendments to the Sarawak Land Code with a view to upgrade NCR land owners from mere licenses to proprietors of land issued with documents of titles and therefore for such right to lawfully acquired through purchase, inheritance, as gifts and by other lawful means.
(6) To establish a Native Land Commissioned to identify, determine and settle all NCR lands issues with powers to investigate, review and give back NCR land ownership by issuing titles to lands which have been ascertained to have been illegally alienated and acquired.
(7) To introduce smart partnership policy to ensure all land-based development be participated by and are for the maximum  benefit of both the landowners and financiers  or the developers.
(8)  To ensure that companies alienated land for oil palm plantations truly develop the said land instead of selling them for quick profit.
(9) To recognise the cultural and customary practices of the natives relating to land use in particular “Pulau Galau” and “Pemakai Menoa” and to accord the lands involved in such practices due status.
(10) To ensure that NCR land Policy conforms to the UN Declaration on the Rights of Indegenous people. This means to respect the inherent rights of the indegenous peoples especially their rights to their lands, territories and resources and their rights not to be subjected to any action which dispossess them of  the same and from any form of forced population transfer which violates or undermines any of their rights (Article 8 and Article 26).
(11) To introduce a Land Acquisition Ordinance to provide that land shall be acquired for a truly public purposes and be properly and fairly compensated by the government and that no person should be deprived of his land without fair compensation. That land acquisition process ought to be carried out in a fair, just and transparent manner and that Section 47 Land Code Procedure ought to be reviewed or even abolished.
(12) To recognise all forests on NCR lands as Native Forests.
(13) To restore NCR lands in Batang Ai and Bakun (HEP) and future HEPs that are not inundated and that they to be given back to the former NCR owners.

(14) To ensure that all developments affecting NCR lands shall be based on free, prior and informed consented.

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