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

August 27, 2012

Why re-negotiate oil deal in private?

Filed under: Borneo Agenda,Taib Must Go — Pengayau @ 8:05 pm
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Why re-negotiate oil deal in private?


KUCHING: Sarawak opposition has questioned the need for secrecy in the re-negotiations of the existing oil agreement with the federal government.

“I am curious to know as to why Chief Minister [Taib Mahmud] should think royalty negotiations are better done in private. Why is that so?” asked Sarawak PKR chief Baru Bian.

Bian, who is a senior lawyer and Ba Kelalan assemblyman, said oil and gas issue was of public concern.

“The oil and gas in Sarawak is not the property of the chief minister – it belongs to all the people of Sarawak, hence we have a right to know what is being discussed.

“We want to know what the chief minister intends to do about it… we would like to remind him that he is a servant of the people and is accountable to them,” Bian said.

He pointed out that Sarawak has been lagging behind the Peninsula in every aspect including roads and infrastructure, education, healthcare, jobs, transport, industry and development.

“One could say that Peninsular Malaysia and many individuals have prospered or benefited via Petronas at our expense.

“Sarawakians now say kini masa balas budi to quote a line from the infamous Barisan Nasional Merdeka theme song 2012.

“The former prime minister (Dr Mahathir Mohamad), in a Freudian slip, had referred to the current administration as the ‘devil’ and the opposition as the ‘angel’. That in itself says it all.

“I trust that the rakyat are astute enough to judge for themselves whether to choose more of the same or to give themselves the hope of a better and brighter future with the Pakatan Rakyat,” he said.

Why now Taib?

Bian also questioned the timing of Taib’s decision to re-negotiate the 5% oil royalty, when he knew about the imbalance and unjust agreement these past 30 years.

“Of course, I welcome the announcement by the chief minister that he agrees that the royalty should be increased.

“But why is it only now that the chief minister is agreeing to pursue the matter? Why was he quiet for more than 30 years?”

Bian suggested that the current political climate and “a real possibility that the rakyat will vote them [Taib and BN] out” in the coming general election may have compelled Taib to address the issue.

“One can’t help but think that it is because this is an issue very close to the hearts of the people, an issue which Pakatan has promised to address.

“Obviously there has been no political will on the BN government’s part over the last 30 or so years to seek a fairer share of the royalty until now…,” said Bian.

August 23, 2012

Dance with Baru Bian

Filed under: Baru Bian,NCR Land Issues — Pengayau @ 4:23 am
Tags: , ,


LAND remains the crucial issue faced by Hulu Rajang folks consisting Iban, Orang Ulu and other indigenous groups live in this region for centuries.

Hundreds of thousands hectares of NCR lands in this largest parliamentary constituency in Malaysia were ‘grabbed’ by the Taib-led government for his cronies. Most of the landowners were kept in the dark.

Also, some 10,000 Sungai Asap settlers whose old houses were flooded by the Bakun dam are still waiting for their outstanding compensation after 13 years. And this does not include compensation for all their flooded NCR lands in Bakun.

Like many other landowners in Sarawak who took the state government to court, the main problem lies with BN’s land policy that does not respect NCR land.

During a visit led by PKR potential candidate for Hulu Rajang Abun Sui Anyit to Belaga and Sungai Asap end of July, PKR state chairman Baru Bian explained the land issue in Sarawak. The famous land right lawyer who had successful defended more than 10 legal cases also offers a solution. Tell the world about it!

August 26, 2011

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

March 1, 2011

BRIMAS & TAHABAS willing to assist Baru Bian in providing evidence in debate with CM


MIRI – The Borneo Resources Institute, Malaysia (BRIMAS) an indigenous peoples and environmental NGO in Miri together with the Sarawak Native Customary Land Rights Network (TAHABAS) has welcome the recent announcement from the Sarawak Chief Minister, Taib Mahmud that he is willing to take the challenge to debate with State PKR Chief, Baru Bian on the Native Customary Rights (NCR) land issues.

We in BRIMAS together with TAHABAS are willing to provide the evidence and proof to assist Baru and to back our claims that the current State Government is taking away NCR lands from the indigenous peoples in Sarawak.

We ask Baru to name the date and venue of the debate and also to urge the government to air the debate publicly in radio and television.

May we remind the Chief Minister that the debate is not about the State Government seizing title lands but about the State Government seizing NCR lands, which of course are untitled lands.

We welcome this debate as an important event to educate the people (rakyat) on the NCR issues which are currently affecting the indigenous peoples of Sarawak. We hope that the rakyat can judge for themselves whether the NCR issue is a current and relevant issue or it is an out-dated and a non-issue.

Signed by:

Mark Bujang

Executive Director, BRIMAS

Ramould Siew

President, TAHABAS

February 28, 2011

Baru Bian – Taib debate.Soon,very soon?


Issued by: Baru Bian, PKR State Liaison Chief, Sarawak
Date: Monday, 28 February, 2011


On Saturday, 26th February, PKR Chief Baru Bian issued a challenge to the Chief Minister Pehin Sri Abdul Taib Mahmud for a public debate on the NCR issue which had been claimed by Datuk Amar Awang Tengah Ali Hassan, Second Minister of Planning and Resource Management and Minister of Public Utilities, as being “an old issue.”

On Monday, 28th February, the Chief Minister, as reported in the Borneo Post, accepted the challenge but imposed the condition that evidence be submitted.

“We thank the Chief Minister for accepting our challenge to debate. We hope the truth will finally be made known to the public through such a debate,” said Bian.

“As for the Chief Minister’s request for proof and evidence, we would like to inform him that our evidence is ready. The evidence cannot be revealed now or else there would not be a need for a debate. However, we are happy to draw his attention to the over-whelming mountain of evidence already submitted in court for over 200 NCR cases still pending to-date which the Attorney-General is fully aware of. We will also be bringing additional supplementary evidence on top of the evidence already submitted in court to the debate to further support our case about natives’ loss of NCR lands and that this is not an old issue,” said Bian.

“We hope the Chief Minister is not pretending to be ignorant of the evidence as an excuse to avoid or evade the debate,” said Bian.

“Since the Chief Minister has accepted our challenge, we propose the following dates: Saturday 5th March, Sunday 6th March or Thursday 10th March. Time and place to be determined by him. Chief Minister, please choose one,” said Bian.

“We suggest that UNIMAS’ Social Science academics who are informed of NCR issues be appointed to chair the debate. We further suggest it would be appropriate to have the public debate in a large venue like the Borneo Convention Centre Kuching or the Stadium Perpaduan at Petrajaya so that the public can have free access to listen to the views to be expressed by the Chief Minister and myself,” said Bian.

The Chief Minister is also quoted as saying that “Kita akan akur dengan sebarang keputusan mahkamah walaupun tidak memihak kepada kerajaan” (we will concur with any court decision even if it does not favour the government) at the SPDP AGM on Sunday 27th February in Bintulu as reported at online news portal Sarawak Update (Jumpa Saya Atau Ke Mahkamah).

“Our response is loud and clear; withdraw all Government appeals against NCR cases won by the natives immediately. The courts have decided in favour of NCR landowners but the government still insists on appealing against these cases. Will the Chief Minister direct the Attorney-General to withdraw these appeals immediately and keep his word or was the statement at the SPDP AGM mere rhetoric and lip service to deceive the rakyat yet again?” asked Bian.


Yeah Taib!!! You rocks man!!

CM accepts Baru’s challenge

BINTULU: Chief Minister Pehin Sri Abdul Taib Mahmud said he is ready for a public debate with state Parti Keadilan Rakyat (PKR) liaison chief Baru Bian if the latter can come out with strong evidence to support his allegation that the government had seized Native Customary Rights (NCR) land.

TO A STRONG SPDP: Taib gets ready to beat the gong to declare open the 8th annual general assembly of Sarawak Progressive Democratic Party (SPDP) in Bintulu.

Taib said it was better for him (Baru) to submit proof before throwing the challenge to debate on NCR land issue.

“That allegation is without foundation and intentionally inflicted. He (Baru) just wants to argue and if he wants, he has to prove it (allegation is true),” he told reporters at the opening of the 8th annual general assembly of Sarawak Progressive Democratic Party (SPDP) here yesterday.

He was commenting on Baru’s challenge for a debate with him on NCR land issue which the government said was an ‘old issue’.

Taib said as the state government had never seized land titles, claims on seizure of NCR land must be accompanied by evidence.

He cited a case whereby folk of Rh Chang in Miri were given back their land in early 1980s after he found a letter containing their claim.

“If I had bad intention when I saw the letter at the Miri Land and Survey office, I would certainly hide it.Read more here

But wait,how Taib going to explain all this 200 over cases ?

February 7, 2011

PKR Sarawak is killing SNAP?

PKR Sarawak declares war on SNAP

PKR Sarawak Insider

PKR Sarawak has declared war on SNAP, even though both are opposition parties and both want to see the end of Barisan Nasional rule in Sarawak.

The Blog, Antu Beduru, managed by Baru Bian’s boys, published two articles called SNAP – Get real or get lost and SNAP – The stubborn Dayak whore.

Baru Bian’s boys are worried that PKR Sarawak may get left behind once SNAP reemerges as a dominant opposition force in Sarawak.

The recent breakfast meeting between Anwar Ibrahim and S’ng Chee Hua also rattled Baru Bian’s boys who see their boss about to be sidelined.

According to the talk in Kuching, the S’ng clan will soon emerge as the PKR powerbroker in Sarawak who will decide the line-up and candidates for the coming state elections expected in the next couple of months.

S’ng is also said to be the financier of Radio Free Sarawak, which operates out of London.

Pengayau comment
1.We know the author of this letter and he is not a PKR member nor a Sarawakians.You can check his Blogs here

2.PKR Sarawak has never ever declare war on SNAP,as a matter of fact and for the records,we do not want to see SNAP flirting arround with some dubious and suspicious character which their main agenda is to splits the Dayak votes.Who will benefits from this?Of course BN!

3.We know  Antu Beduru personally and he write based on TRUTH and not HEARSAY.Remember when he exposed about Taib wedding a few days before that?

4.We had never ever worried to be sidelined as we fight for the Peoples of Sarawak and not for self interest like some guys did

5.Actually,Baru Bian supposed to met with Anwar for breakfast but he cant due to during that time,he is still at Church.So Datuk Sng just go and grab Anwar and the 2 of them sat together waiting for Baru Bian.

6.Yes,Dtk Sng is trying to persuade and negotiate with PKR Sarawak and offer some funds for the Party and in return he will given a SAY to appoint or to choose some candidates.But do we agree with him?The answer is Big NO!!

7.Radio Free Sarawak  is not being funded by Datuk Sng.That is the truth.Some people has speculate that Sarawak Report is also being funded by him but the truth and the answer is BIG NO!!

December 13, 2010

BREAKING NEWS: Janji Azmin kepada Sarawak (Azmin’s promise to Sarawak)


Taken from Baru Bian.net


On Sunday, 12th December 2010, at a PKR Pre-Christmas Dinner held in Bintulu, PKR’s recently elected Deputy President YB Mohd. Azmin Ali, spoke to a large dinner crowd consisting of about 300 party members and supporters. Present were DAP’s YB Chiew Chin Sing, Sarawak PKR leader Baru Bian and several other party stalwarts.

In his speech, which he lambasted the Sarawak BN and its leadership for its corruption and cronyism, YB Azmin challenged the Chief Minister Abdul Taib Mahmud to dissolve the Sarawak state assembly immediately if BN is so confident of its showing in the coming state polls.

In his rousing and fiery speech, YB Azmin also made a promise that got the 300-strong crowd onto its feet that turned into a five minute long standing ovation and applause. “Pakatan Rakyat akan memberi kuasa autonomi sepenuhnya kepada Sarawak sekiranya Pakatan Rakyat memenangi PRU13.” (Pakatan Rakyat will give full autonomy to Sarawak if we win at the 13th General Elections.)

YB Azmin went on to elaborate that “PR akan menghormati Perjanjian Malaysia semasa penubuhan Malaysia pada tahun 1963,” (PR will respect the Malaysia Agreement that was entered into at the formation of Malaysia in 1963) in reference to the 18 Point Agreement. Clearly YB Azmin had tapped into the very issue that resonates with all Sarawakians, regardless of colour or creed.

“Sabah dan Sarawak tidak masuk Malaysia. Sabah dan Sarawak menubuhkan Malaysia bersama Persekutuan Tanah Tanah Melayu,” (Sabah and Sarawak did not enter Malaysia. Sabah and Sarawak formed Malaysia together with the Federated States of Malaya) he added, to even more boisterous applause.

He ended his speech with a further promise, “Saya, Azmin, akan mempertahankan Sarawak dan membela orang orang Sarawak. ‘Agi idup agi ngelaban!’” (I, Azmin, will defend Sarawak and be an advocate of the peoples of Sarawak. “While I breathe, I hope!”) YB Azmin’s use of the famous Sarawakian quote, which is derived from the Latin ‘Dum spiro spero’ that was the family motto of the Brooke Rajahs, was nothing less than genius that fired the crowd.

After the dinner, PKR leader Baru Bian, when met, said “This is a very clear message and commitment from our national leaders and Pakatan Rakyat to the people of Sarawak. It is a resolute promise from PKR to right the wrong suffered by Sarawak due to the neglect and failure of the BN government and to restore and honour the agreement made by our forefathers 47 years ago.”

“All this while, local Sarawak parties have been harping on the point that only they can deliver what Sarawak and Sarawakians need. Let me reiterate our stance: it is not whether a party is locally based that matters but what the party is fighting for. This is paramount and crucial. PKR, although a national party, is concerned with local issues. YB Azmin’s declaration and promise very clearly shows that PKR at the national level understands local issues and will act on them and deliver to Sarawakians their greatest wish: full autonomy,” elaborated Bian.

“We urge all Sarawakians to unite and support Pakatan Rakyat because we are determined to redeem our rights that have been stolen from us for the last 47 years,” said Bian.

YB Mohd. Azmin Ali is on an East Malaysian tour, his first visit as PKR’s Deputy President.

December 4, 2010

Baru Bian: Sentimen rakyat Sarawak kini lebih hangat berbanding tahun 1987

Filed under: Pakatan Rakyat — Pengayau @ 1:00 am

Taken from Merdeka Review

Pilihan raya negeri Sarawak pada tahun 1987 sememangnya igauan Barisan Nasional, menyaksikan bagaimana kebangkitan rakyat, terutamanya Dayak yang hampir menjangkau ambang untuk menggulingkan kerajaan BN di bumi kenyalang ini.

“Pada tahun 1987, sentimennnya DayakismDayakism sangat hangat, menjadi tema, isu kempen.  Sekarang ini bukan lagi Dayakism.  Sekarang ini adalah keadilan.  Sekarang ini adalah tentang tanah adat, yang memberi kesan bukan hanya kepada orang Dayak, tetapi Melayu dan juga orang Cina dalam perkara pembaharuan lesen.  Yang ini kalau kita banding dengan…bagi saya dua tiga kali panas daripada 1987, pada isunya.”

Begitulah keyakinan yang ada pada Pengerusi Perhubungan PKR Sarawak, Baru Bian (gambar kiri) dalam satu wawancara bersama MerdekaReview pada 26 November 2010, di Hotel Armada sebaik sahaja beliau mendarat di Selangor untuk menghadiri Kongres Nasional PKR yang berlangsung pada hari keesokannya.

Malah, beliau mengingatkan, “Kalau rakyat yang ingin berubah, anda tidak dapat menghentikannya.” Dan mungkin itu sebabnya tema kempen Pakatan Rakyat kini berbunyi “Berubahlah, just change“, katanya.

Dalam pilihan raya negeri Sarawak pada tahun 1987, Parti Bansa Dayak Sarawak (PBDS) memenangi 15 kerusi DUN, ditambah 5 kerusi dari PERMAS, melalui pakatan yang bergelar Kumpulan Maju.  Daripada jumlah 48 kerusi DUN, BN yang terdiri daripada PBB (14), SUPP (11) dan SNAP (3) hanya memperolehi 28 kerusi.  Dengan kata lain, majoriti 2/3 BN di DUN Sarawak telah dinafikan.

Untuk Baru Bian, kuasa menumbangkan kerajaan BN di negeri Sarawak kini berada pada kemuncaknya dengan segala syarat yang sedia ada.  Dari segi persefahaman di kalangan pembangkang, Pakatan Rakyat merupakan pakatan parti politik yang paling kukuh berbanding segala bentuk kerjasama pembangkang yang lalu.  Dari segi penyebaran maklumat, kemudahan telekomunikasi seperti telefon bimbit, internet, malah stesen radio yang lebih bebas, digunakan sepenuhnya untuk menangkis serangan jentera perintah kerajaan.

Antara harapan dengan realiti

Sememangnya, politik ada kalanya ditentukan angka.  “Harapan” Baru Bian diuji dengan statistik sebermulanya wawancara ini.  Dalam pilihan raya negeri Sarawak pada tahun 2006, BN memenangi 62 daripada 71 kerusi dalam Dewan Undangan Negeri.  Malah dalam PRU ke-12 pada 8 Mac 2008, pembangkang (DAP) hanya menang satu kerusi parlimen di Kuching (gambar bawah, kanan), daripada 31 kerusi parlimen, sebelum PRK Sibu pada Mei 2010 yang menambah satu lagi kerusi (gambar bawah, kiri).  Lebih-lebih lagi, sebanyak enam kawasan parlimen BN dimenangi dengan majoriti lebih 10 ribu undi, biarpun dilanda “tsunami politik” di Semenanjung.

“Bagi kita, yang selalu dikatakan dalam politik tidak ada sesuatu yang mustahil (impossible).  Kita boleh menoleh ke belakang dan tengok apa yang telah terjadi dalam tahun 2006 pada peringkat negeri, dan tahun 2008 bagi parlimen,” katanya.

“Saya berpendapat, saya haraplah, apa yang sudah jadi, khasnya dengan keputusan tahun 2008 itu… Sekarang ini saya berpendapat, setelah lawatan kita di akar umbi, kita merasa satu sentimen yang agak kuat, menghendakkan satu perubahan.  Ini adalah satu sentimen yang luar biasa sejak 8 Mac 2008,” sambung Baru Bian.

Baru Bian semestinya menyedari bahawa “harapan besar” tanpa digalas “kerja akar umbi”, hanya tinggal “retorik” semata-mata.  Beliau yang dikempenkan sebagai “bakal Ketua Menteri Sarawak” di laman facebook, dipersoalkan sejauh manakah persiapan PR ke arah pengambil-alihan kerajaan negeri Sarawak.

Sejauh manakah persiapan PR?

Beliau bersetuju bahawa calon pilihan raya perlu turun untuk bekerja bersama rakyat di akar umbi, untuk meraih kepercayaan dan sokongan penduduk tempatan.  Usaha sedemikian semestinya memakan masa.  Pendek kata, ia mungkin terlalu lewat untuk mendapat sokongan penduduk seandainya calon dikenalpasti pada saat-saat terakhir.  Persoalannya, sejauh manakah PR bersiap-sedia dalam isu rundingan pengagihan kawasan pilihan raya?

“Tentang pengagihan konsituensi, sekarang ini kita sudah bermesyuarat dengan Pakatan Rakyat.  Dua kali sudah.  Dalam mesyuarat itu, kita sudah bersetuju dengan kira-kira 90% kerusi ataupun konsituensi DUN di Sarawak.  Hanya sedikit, mungkin 10% daripada 71 kerusi itu belum lagi disetujui.  Itu kita sudah serah kepada pemimpin kita di Kuala Lumpur, PR Presidential Council untuk kita terus berbincang,” jawapnya.

Ketika ditanya sama ada “calon telah dikenalpasti”, Baru Bian sekadar berkata beliau percaya nama calon untuk parti masing-masing telah disenaraikan, namun perlu dibincang, dikaji sebelum membuat keputusan.  MerdekaReview mempersoalkan, beliau bersetuju bahawa calon perlu membuat persiapan awal untuk bekerja bersama penduduk untuk meraih sokongan, tetapi pada masa yang sama, calon PR masih belum dikenalpasti – pada saat-saat Ketua Menteri Sarawak, Abdul Taib Mahmud sudah mendapat ilham tentang tarikh pilihan raya negeri akan datang…


July 7, 2010

An Alternative Vision for Sarawak

An Alternative Vision for Sarawak


BN Ministers have started announcing bribes and handouts to communities, which they normally exploit and ignore.  This, as everyone knows, is a sure sign an election is about to be called.  Everyone also knows that BN will break the promises they are making and after years of this cynical treatment the people are fed up.

But there is an alternative.  In an exclusive interview with Sarawak Report, the new PKR leader, Baru Bian, frankly laid out his own vision ofreform for Sarawak.  He said

“if only the people can dare to hope, then the power of change is in their hands.  They can save their future and the future of their children, but they must have the courage to act.  They must vote out their oppressors at the coming election and they must not succumb to petty bribes.  We in the opposition are not offering just a few ringits the night before the election, instead we are offering rich rewards after the election to those who have given us their trust.”

Baru Bian, Sarawak’s top native rights lawyer, explained the measures that he will bring through immediately to reform Sarawak for its people.  His key pledges are to:

  • End corruption and bring back honest government
  • Give back land taken illegally from native people
  • Fight for a fair share of Sarawak’s oil revenues
  • Save Sarawak’s environment by ending logging of virgin forest and oil palm
  • Stop the dam programme and the displacement of people from their lands.
  • Kick-start rural development with roads, water and electricity a priority
  • Improve schools and medical care in the rural areas

This is my priority 8-point plan explained Baru Bian, but it is just the starting point for a new, fairer Sarawak where there will be chances for everyone to succeed and to live the lifestyle of their choice”

February 11, 2010

Define native customary lands

Filed under: NCR Land Issues,Politics Of Development — Pengayau @ 11:50 am
Tags: ,

Taken from MalaysianMirror

By Joseph Tawie

KUCHING – The problems pertaining to native customary rights (NCR) in Sarawak are largely a consequence of the native customary lands (NCL) being issued out to private firms without the knowledge and consent of the land owners, claims prominent NCR land lawyer Baru Bian.

He alleged large tracts of NCL had been included in timber licences, oil palm provisional leases, re-planting licences, quarry licences and mining licences.

The problem, he said, stemmed from differing views of what amounts to NCL.

“The government, in all these years, is of the view that only the farmed lands or temuda cultivated before January 1958 are NCls.

“On the other hand, the natives had all the while believe that their NCLs extend beyond the temuda, to the pemakai menua (communal or territorial domans) and the pulau or pulau galau (community forest reserves) areas.”

A hero among the natives

Baru said the natives’ view was confirmed to be the correct legal position following the landmark case of Nor anak Nyawai  vs BPP Sdn Bhd and Others about 10 years ago.

NCR Land Concept can be read here  https://pengayau.files.wordpress.com/2010/02/konsep-tanah-hak-adat-bumiputra.doc

nor-anak-nyawai(Nor, 70, (pic) was a local hero who took the Sarawak government proxies to court. It was almost unthinkable then.

(He was barely able to write, but Nor was brave. He brought the multi-million ringgit Borneo Pulp Paper (BPP) – a company backed by the state government – to court over land disputes.

(Many thought he was insane as he was up against  Malaysia’s longest serving chief minister, Abdul Taib Mahmud.

(Nor and his people won the fight. It was a landmark NCR land dispute case in Sarawak).

“Notwithstanding the legal judgment coming from the highest court in the land, the government is still not willing to recognise this NCL definition as NCL are still affected by such licenses and leases.

The most pressing issues in Sarawak

“For this reason, it is incumbent upon the government to survey and demarcate the boundaries of NCLs and either gazette or issue titles to such NCLs,” he said.


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