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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 29, 2011

No Dam For Baram!!


 

Peter Kallang

Representatives of communities from Baram

 

Peter pointing out the proposed location of the Baram Dam

PRESS STATEMENT

 29 August 2011 

Besides the colossal environmental devastation and severe consequence on the ecosystem that the dreadful Baram Dam will bring, it will also rage a permanent degeneration of the ethnic identity and heritage of the populaces who live in the region. Based on the number of villagers, the most affected are the Kenyah followed by the Kayan and Penan population. These are also the same majority groups of people who are most affected by the Bakun Dam which was just commissioned. The same like it was done in Bakun, the decision in building the Baram Dam seems to be in total disregard for all those who area affected. It is built for the benefit of others rather than those who live in Baram and for the long term good of the Baram.

As one of those affected I just can’t understand this injustice and this outrageous and abusive exploit. This seems to be a senseless exploitation which is primarily driven by avarice coupled with immorality. For us who are directly and adversely affected parties, no one can blame us in thinking that this is a calculated, intentional and purposeful manoeuvre to wipe out our races. Why it could be seen as an act in complete disregard for our wellbeing and opinion could be proven by the priority given to the preparatory construction activities done even before the proper Social Impact Assessment (SIA) and the Environmental Impact Assessment (EIA) are completed or perhaps not even started and made accessible to affected and interested parties. In doing this, it seems the construction of the dam is to be implemented whatever the findings or recommendation would eventually be available if and when the EIA or SIA is done.

The Baram is the least developed part of Sarawak and arguably the least developed area in the whole of Malaysia. So far, the only so called “development” which are seen in Baram are the colossal and exhaustive exploitation or extraction of the Baram natural resources; these are like reckless harvestings of the timber, extraction of lime stone, sand dredging, vast oil palm plantations and now the dam for hydropower electrical generation. So far, practically all the beneficiaries of these so called developments are big companies owned by big tycoons from outside the Baram. Most of the workers employed at these facilities are also from outside Baram and a lot of them are foreigners. So to say that these “development” bring employment is a fantasy. Like all the past exploitation of the Baram resources there is little doubt that employment spin-off from the proposed dam is “just a pie in the sky” for the Baramites. As seen at the construction stage of the Bakun and Murum dams, the locals are not employed in significant numbers during the construction or their involvement in the operations after completion of the construction. We do not see how the dam can bring significant economic opportunities for the locals.

Recently, I had a conversation with the headman from one of the village which is within the proposed reservoir area of the Baram Dam. He criticised those who do not plant rubber or not building new longhouse for fear that these would be flooded when the dam is completed; he said that he did not believe that the government would build such a dam. He said that if such a dam was to be built, the government would have already been busy consulting the affected people and getting their consent. The reaction by this particular headman reflects the effectiveness of the discreet process practiced in building the dam. The dam construction although it will affect a lot of people, at the moment is one dark secret kept away from those living in Baram. If it is occasionally mentioned by the proponents, the subject would be down-played, watered-down with downright euphemism. However, the reality as we learnt from newspaper reports and information dripping from the project supporters speaks of an affected area covering 38,900 hectares (389 sq km) or ½ the size of Singapore Island. It will be constructed of around 180 metres above seal level and will generate 1,200 MW of electrical power. So, with these realities no one can blame the fear which was noted by the headman. This fear is shared by many in the whole of Baram whether they are living above or below the proposed dam site.

At least 90% of the land mass which will be flooded by the dam’s reservoir will be the Native Customary Rights land (NCR). The foreseeable fiasco resulting from this will no doubt be contributed by the now famous government’s interpretation of NCR which differ from that of the native’s custom (Adat). The native’s interpretation is recognised by the judiciary as proven by the various court cases where the native claimants have won. This will again result in more cases of dissatisfaction among the people affected. With the single mindedness of the government in constructing the dam, the people, for whom they are supposed to bring development, will unavoidably be marginalised. For the Orang Ulu their very survival from generation to generation has been based on the land. They are basically farmers and gatherers. To disregard this fact would be to purposefully disorientated and thus destroy the harmonious way of life. Flood from the dam and the infrastructure associated with the construction will definitely bring irreparable damage to the whole environment. It will destroy a heritage for which all Malaysian or human race should respect and harness.

Relocation of the people to make way for the Baram Dam will definitely result in a permanent social damage. The Kenyah and Kayan people traditionally live in longhouses. Even the very structures of the longhouses are traditional in nature, reflecting the social structure of the communities and thus keeping the Kenyah and Kayan together from time immemorial, enabling them to face famine, wars, epidemics and natural tragedies. These structures are delicate and are now facing a lot of challenges from modern lifestyles and globalisation. Mass relocation of the people will no doubt spell the end of the traditional social structure.

In the traditional Kenyah and Kayan community, each longhouse normally comprise a group of people who are of the same dialect. For the Kenyah they could be Lepo Tau, Badeng, Lepo Aga, Jamuk, Long Sebatu etc. For the Kayan they could be Uma Baluvah, Uma Kelep, Uma Pu etc. The people of each dialect have from generation to generation, their bonds to each other make it possible for them to live in a family like attitude towards one another. Even in the face of large rural-urban migration, the Kenyah and Kayan consider their ancestral villages as their real home. They maintain their houses in the Baram and they normally go back on festive occasions like Pusau Anak, Christmas or Suen. Relocation of the people for the dam would also pose a direct challenge to this bond that is part of the social structure.

The social structure of the dam will not bring development but severe and permanent damage to the whole environment and the people. Development must be for the immediate and long term good of all the people with minimal, repairable or no damage to the environment. The decision for major project like the construction of massive dams should be made by the people. It must be a collective decision, which is made based on well informed decision. The people must know the pros and cons of the dam. Information must be made available freely to them and only after that can they decide. So looking at the proposed Baram Dam, none of these are met. Baram Dam is not required to bring development to Baram.

 

Press Statement release by:

Peter N. J. Kallang

Chairman Orang Ulu National Association Miri (OUNA)

Chairman Persatuan Kenyah Association Miri

 

For more information, please contact Peter Kallang 013-8331104, Philip Jau 016-8597738

 

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.

March 1, 2011

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


FOR IMMEDIATE RELEASE

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 9, 2011

Oil palm company fails to get natives evicted through court, status quo of natives maintained


 FOR IMMEDIATE RELEASE

 8 February 2011

Oil palm company fails to get natives evicted through court, status quo of natives maintained

MIRI – The Miri High Court on 28 January 2011 ruled that the oil palm company, Butrasemari Sdn. Bhd. do not have exclusive rights to the land known as Lot 97 Sawai Land District, located at Suai, Miri Division, therefore they do not have the right to evict the natives even though the company argued that it was issued with a Provisional Lease (PL).

At the same time, the Iban natives of Rumah Pee Millo also cannot claim all the land within the same area as their native customary rights (NCR) land as they had only settled there in the 70s. The status quo of the natives to settle in the said area is still maintained pending the decision from the State Government.

The High Court is in view that the said company cannot claim exclusive rights over Lot 97 Sawai Land District, just by virtue of having a PL because the issuance of the PL is subjected to the requirements in Section 28 of the Sarawak Land Code, whereby a survey has to be completed before the State Government can alienate the said land to the said company.

The High Court is also in view that the natives do not have NCR over the said land as they only moved into the Suai District in the 70s from Sarikei Division. The State Government has until today have yet to decide on their status in occupying the said area, even though they were encouraged to move by the Government at that time.

Tuai Rumah Pee Millo’s grandfather, Penghulu Andok Anak Mut was killed by communist terrorists in 1974 in Sarikei. Because of the communist hostilities going on in the Sarikei area at the time, Pee Millo’s father, Datu Anak Andok made a request to the Government to move to Suai.

On the same year, and with encouragement from the Resident of the Sarikei Division Datu and his followers moved and settled at Sungai Sebalayau, Suai.

In 2005, Butrasemari was issued with a PL for Lot 97 Sawai Land District and the land dispute started.In 2008, the residents of Rumah Pee Millo was ordered by the court to vacate the land as the said company got an interlocutory injunction which not only prohibits but also requires the residents of Rumah Pee Millo to vacate the said land.

This prompted the residents of Rumah Pee Millo to stage a sit in at the Miri Residents Office as they have no other place to go.

After hearing the complaints and concerns of the natives, the Miri Division Resident together with the District Officer and the Officer in-charge of the Police District advised the natives to return to their longhouse and assured them that they still can remain and farm in the said land until a decision can be made by the higher authorities in Kuching regarding their status.

However, until today the residents of Rumah Pee Millo are still waiting for the decision from Kuching and the land dispute between the said company and the natives will continue.

Harrison Ngau Laing, the counsel representing Tuai Rumah Pee Millo and Lim Khim Boon, First and Second Defendant respectively said, “Our State Government has failed in their fiduciary duty to safeguard the interests of its own people.”

According to Harrison, Butrasemari is a subsidiary of Ta Ann, which is one of the top five biggest companies in Sarawak dealing in timber and plantation activities.

Ta Ann’s Executive Chairman is Datuk Abdul Hamed Sepawi, a billionaire who is also a cousin to the Chief Minister and also Parti Pesaka Bumiputra Bersatu (PBB) Treasurer General.

“Why can’t Ta Ann, which has already owns thousand of hectares of land throughout Sarawak spare some land for the poor natives to make a living?”, asked Harrison.

He added further, “The State Government has got their priorities wrong, whereby they are enriching the rich and making the poor even poorer.”

When met outside the court, Pee Millo complaint that the government is not practicing what they are preaching.“Our Prime Minister is always trumpeting the 1Malaysia, Peoples First, Performance Now slogan, but this is not the case for us,” he said.“Our people are not first but placed last in the government’s priorities,” Pee Millo lamented.

Butrasemari as the First Plaintiff is suing Pee Millo and Lim Khim Boon for allegedly trespassing into Lot 97 Sawai Land District.Justice Dato’ Zulkifli bin Bakar delivered the ruling.

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 

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

July 23, 2010

On the Bakong shooting court win:Borneo INS celebrates! – Opinion


 

Taken from Borneo Independent News Service

Sarawak – This opinion celebrates, of sorts, two occasions. The first is that as a facebook page, at some time early this week we reached 1000 fans. We at this purely adhoc and voluntary effort thank you for what really started as a pilot for citizen journalism in Sarawak, trying to focus on issues around indigenous peoples. Without your ‘liking’ we probably would have not tried to keep it going for this long.

The second is really a more meaningful celebration. On 20 July 2010 the Court of Miri ruled in favour of an Iban woman Ndukmit ak Egot, widow of Enyang ak Gendang who died thirteen years ago after being shot by police in the head during a confrontation between the police and the longhouse community in Bakong.

For those who are familiar with Sarawak’s long, almost unrecognized struggle between the oil palm companies and Dayak communities who have constitutionally protected rights to their lands and territories, the Bakong incident is a low point in history. There are those of you who may wonder what our FB profile photo is about. It is a photo taken during that incident where Enyang was killed. For those of us who support Borneo INS, Enyang’s death is an incident we will never forget and we would like to share this history with our readers as a reminder of how, without dialogue and respect for NCR of Dayak, how things can go so tragically wrong.

It started with the issue of a provisional lease to Empresa, an oil palm plantation company in which the native territories of the Iban community of Rumah Bangga were included. They only found out about it when two subcontractor companies, Segarakam and Prana started destroying their lands. The longhouse chief, Banggau ak Andop lodged police reports and wrote to government departments to no avail. After a month of inaction from the authorities, the villagers decided then to confiscate and remove the companies’ bulldozers to their land. They gave the keys to the police who, up to then, had continued to ignore the villagers. Unable to get their bulldozers back, the company called the police who immediately responded.

On December 18 1997, a lorry full of police arrived at the longhouse.

The Iban refused to return the machinery.

The next day, the Police Field Force returned in greater force, both in plain clothes and in uniform but without identification and armed with guns, M16 rifles and batons.

The villages thought that the police were there for a meeting to discuss compensation for the damage to their land by the companies. They gathered outside the longhouse to welcome the company and the police. A ‘miring’, a traditional welcome ceremony where offerings are made to the ancestors was held.

A case report on the incident writes ‘Photographs from the site site show the people smiling and joking with each other. Villagers held a banner that said ‘Land is our life’. The banner was to act as a line over which negotiations with the company and the police officers could take place.’

The police, however, were interested only in arresting Banggau, the headman. After asking who was the leader, Banggau replied that he was. The police then rushed forward to arrest him and all Iban present. The Iban tried to prevent the arrests. At the same time the Police Field Force officer gave the orders to the other PFF officers to charge and to open fire on the unarmed villagers.

Without any warning or warning shots, three Iban were shot. Enyang ak Gendang was shot by one Corporal Hussaini bin Sulong in the head. Several Iban were beaten up with batons or punched and kicked. Several Iban were arrested.

Five days later, on December 24th Enyang Ak Gendang died in hospital where a postmortem revealed a bullet lodged inside his head. Ndukmit, the widow, had to pay for the transport to bring her husband to the hospital.

Thirty Iban were arrested over the incident and the longhouse chief was arrested again in 1998, without immediate explanation. The coroner’s verdict was misadventure but the fact remained that the police had shot and killed villagers who were there to welcome the company and them to a dialogue.

Those who heard about this incident found it shocking. Internationally the death of Enyang Gendang made enough news that the Malaysian government had to account for itself to the UN Human Rights Council. The report said only that the police recommended that the company compensate the villagers for the land as they wanted originally, making no reference to who was accountable for the death. The police, at some point, also accused the Iban of being armed.

In 2000, his widow took action and filed a civil action against Corporal Hussaini, his superior and the Malaysian government. The case was heard in 2003 and there was a long silence. In 2010, it was announced that the case would finally go to trial. Yesterday, after thirteen years, justice was finally served. While there will be a cash compensation for Ndukmit, it surely cannot be enough for the years of suffering such injustice and denial by the authorities. For many, the case was strong evidence that the authorities were not neutral in conflicts between the oil palm companies and the people. In 2010, the court cases continue to pile up and the conflicts continue. It would seem that little has changed in terms of violations of our rights. But we must never forget Enyang Gendang and honor Ndukmit Egot, Banggau Andop and their longhouse for their strength and determination to protect their land and their heritage

After 13 years,an indigenous woman wins justice for her dead husband


 

Taken from Borneo Independent News Service’s

After 13 years, an indigenous woman wins justice for her dead husband
Court rules Malaysian police and government negligent in 1997 killing of Dayak farmer
20 July 2010
Victorious Dayak community after a 13 year wait for justice. Iban heroine Ndukmit ak Egot, stands in the middle, bottom row, fourth from left (wearing glasses). Her lawyer Harrison Ngau stands directly behind.

Miri, Sarawak — Iban woman Ndukmit ak Egot today found justice in Miri civil courts for her husband Enyang ak Gendang, who was killed by Police Field Force Personnel over a conflict between the indigenous Dayak villagers and the oil palm company. The court ruled that the police were negligent in firing the shot that hit and killed Enyang and that the Malaysian government was vicariously liable for the negligence of the police.

After thirteen years, this judgement is a victory for Ndukmit, her family and the villagers of Rumah Bangga in Bakong. On 19 December 1997, 50 Police Force personnel armed with batons, pistols and M16 rifles opened fire on Dayak Iban community.

Three Ibans were shot. Enyang Ak Gendang, 40, was shot in the head and died after five days in a coma. Eight villagers were injured. About 30 Ibans were arrested and detained.

The police were not held accountable and in 2008 an inquest was conduct. The coroner then found the police were not negligent, that the shooting was a misadventure and there was no further case for investigation.

When called to account for the death by no less than the United Nations Commission on Human Rights in 1999, the Malaysian government had this to say:

Regarding the case of Enyang Ak Gendang, the Government stated that following the incident in which the victim was killed, the police suggested that the Sarawak Land Custody Development Authority and the Empressa company arrange a dialogue with the Iban indigenous community with a view to compensating the Ibans as promised. The Government reported that since the incident Empressa and its subcontractors had ceased their operations.

A single paragraph on a life lost and a family abandoned. Enyang ak Gendang was the sole breadwinner in the family.

In 2000, the widow of Enyang, Ndukmit ak Egot filed a civil case against Corporal Hussaini bin Sulong, his superiors and the Government of Malaysia. Ten years later, the court decided to proceed with the trial.

Earlier in 2010, when it was learnt that the case would be brought to trial, Mark Bujang, Executive Director for Borneo Resources Institute (BRIMAS) said, “The widow wants justice to be done to her late husband. It has been more than 12 years yet, those who shot Enyang were never charged with any criminal offence. What is worse, the police tried to say that the Ibans were violent and started the fight where the police were force to use their firearms. While I don’t know why the case was delayed for so long and I was disappointed when twice the case was brought for inquest and twice the coroner gave an open verdict, I am very happy that Ndukmit will finally get her trial.”

And her supporters will be very glad that today justice, for so long delayed, has, at least, partly been served.

June 11, 2010

Residents Requested Company to Pay sum RM20M for encroachment and logging in their NCR Land territory

Filed under: NCR Land Issues,Politics Of Development — Pengayau @ 4:44 am
Tags:

Media statement from JAWATAN RUMAH UGOH, SEBAYAK, ENTULOH MARRIRAI C/o: Rh. John Ramba, Sungai Sesibau P.O. Box 174, 96800 Kapit, Sarawak

Residents Requested Company to Pay sum RM20M for encroachment and logged in their NCR Land territory

KAPIT – We representative of residents from a longhouse affected directly by the logging activities in our Native Customary Right Land (NCR Land) within our territory in Entuloh, Merrirai, Balleh, Sarawak since the past six months. We, the Dayak Iban, as residents of a long house, Rumah Ugoh had lodged a police report on mid April, 2010 regarding the encroachment and logging activities by the logging company. Several representatives of our long house had visited to the ground where the logging activities was still ongoing and requested the company concerned to stop from continue the logging activities for many times orally but ignored by the company.

Knowing that the matter is a serious to us, especially will affect our livelihood and future generations, we had proceeded with a meeting on 15.5.2010. In the meeting we decided to appoint a lawyer to deal with this matter in helping us to write to the timber company, Sanjung Etika Sdn. Bhd which is believed to be owned by Sarawak Foundation. In the letter, we requested the company to stop the logging activities in our NCR Land.

We also asked the company to pay for the loss of our valuable products and resources in our NCR Land, among others, the timbers and other jungle products from our NCR Land. After assessing the value of our loss in relation to the logging activities, it is estimated to be not less than RM20Million. This is the amount that we asked from the company concerned to pay us. The letter also copied to our representatives, leaders of the country and the state hoping that they would lend their hand to settle our NCR Land problem before it is too late. We also requested the company concerned to stop their logging activities with immediate effect.

April 6, 2010

Another Suai,Niah tragedy in the making??

Filed under: NCR Land Issues — Pengayau @ 9:48 pm
Tags: ,

Mark Bujang, Borneo Resources Institute (BRIMAS) executive director

ULU BALINGIAN – Gangsters seems to be running the show on the current native customary land dispute between a logging company, Bitani Maju Sdn. Bhd. and the Iban communties of Sungai Tepus, Ulu Balingian.

A group of gangsters in 10 cars have been intimidating the natives ever since the natives have set up a blockade on the 12 March against the said logging company said Mark Bujang of Borneo Resources Institute.

A total of three police reports have been made against the company, but until today no action is taken against the company or the gangsters that are currently roaming the area.

The blockade has since been dismantled by the police however, the natives still continued with their protests.

The Iban communities of Sungai Tepus, Ulu Balingian are protesting against the illegal logging activities conducted by Bitani Maju Sdn. Bhd. in their native customary land territory.

“Surprisingly, it is the police that are guarding the company workers carrying out their illegal logging operations,” Mark Bujang said.

Last Saturday, two of the longhouse members from Rumah Osay were assaulted by a group of gangsters while they were on their way home from Selangau bazaar. One of them managed to flee but another was badly beaten up by the gangsters.

According to Banyau Ak Timbang, the person who managed to flee from the gangsters, “I was riding together with Oren Ak Linggang from Selangau bazaar and as we were about to approach our longhouse junction when a car approached us. I noticed Penghulu Thomas Jawa Ak Latu was in the car and the driver of the car forced us to stop.”

“The other occupants of the car came out and we do not recognise them at all. We got into a heated argument with them and then suddenly they started attacking us”, said Banyau.

Banyau said he managed to escape from his attackers but Oren was left behind.

According to Banggau Ak Panggai, Chaiman of their Joint Action Committee called Gerubat, “I told Oren to lodge a police report about the attack at the Balingian Police Station the next day. However, instead of taking down his report, the police arrested Oren.”

“The gangsters seems to be controlling the police and also our community leaders”, claimed Banggau.

“Our communities are leaving in fear at the moment as the police cannot guarantee our safety. We do not want any untoward incident to happen, so we appeal to the police to take action and stop the gangsters from harassing us any further,” said Banggau.

January 28, 2010

Sarawak civil society condemn settlement demolition


Taken from Sarawakupdate

Mark Bujang

We the concerned civil society organisations (CSOs) having met and deliberated in Sibu on 23 January 2010 on the recent news of the demolition of houses belonging to the residents of Rumah Nor Anak Nyawai, Sungai Sekabai, Sebauh, Sarawak on the 19 January 2010 express utter outrage and deep concern on the blatant disregard of the communities’ customary rights and their right to shelter.

The actions of Tatau Land Sendirian Berhad, a subsidiary of the ASSAR Group and their agents together with the authorities were uncalled for since the residents of Rumah Nor are still contesting the land dispute claim over the area.

The comment made by the Superintendent of Land and Survey Department, Bintulu laying the blame on the lawyer for not informing his clients on the eviction order was false. The fact was, the lawyer representing the residents has yet to receive any eviction order from the court.

There was also no notice given to the residents. The residents’ were only informed about the eviction order after the demolition was done. Furthermore, the residents have since appealed the decision and the case is still pending.

We demand that:

(more…)

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