Dayak leadership stands up for Native Customary Rights
Taken from Bruno Manser Foundation Website
A senior Dayak state minister spoke out about the uneasiness and insecurities the Dayaks in Sarawak are feeling regarding their lands and their rights to it.
Parti Rakyat Sarawak (PRS) president and state land development minister James Masing speaking after the party's supreme council meeting in Miri over the weekend, said there was a need to clarify once and for all the Native Customary Rights (NCR) lands and state lands.
"We like the government to consider because our party is rural-based so land will be an issue."
All of the party's elected representatives, except one, attended to discuss the NCR as a main agenda item on Saturday.
It is learnt that Dayak members have spoken of their growing concern about threats to the future status of NCR lands, especially with the opening up of more lands for commercial oil palm plantations and, tree planting and harvesting schemes throughout Sarawak.
There has been increasing conflicts between oil palm and timber companies and NCR land-owners comprising mostly Dayaks such as Iban, Orang Ulu and Bidayuh communities.
There are now nearly 200 litigation cases by NCR land-owners pertaining to lands claims and damages to crops.
Aware of Pakatan's ploy
Masing announced that his party would set up a task force to look into issues related to NCR lands as it has become a hot topic raised by Pakatan Rakyat and other opposition parties.
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The
NCR Land issue has becoming a debut between all parties in
Sarawak. If you ask SUPP about it, perhaps Riot will give you a very good approach to get your piece. How about if you ask Tiki Lafie then? He will ask you to support SPDP to get your piece too. This issue of NCR land has no end if we, the aborigine living under Barisan Nasional and PBB or SPDP or PRS or SUPP. It is nothing at all. In facts, SNAP and PBB themselves have failed the aborigines by awarding those land to the Chinese as the award for quitting communist party. The truth is that all those land along Tapah to Serian were owned by our forefathers. That means, the NCR land is not a solid propaganda to ask for support to PRS. Unless they can prove it by telling “Dollah” that the NCR land must be granted to the aborigines.
What went wrong actually? Since independent, when the British handover the government to Malaya where we have only ordinances and NCR rights. Somehow, all supreme rights of the “Malay” became more extreme than the Sarawakian’s right to their mother lands, fruit trees, crops and poultry. Bong Kee Chok was awarded a very big land once he quitted communist party. That was awarded by Tunku Abdul Rahman and Rahman Yakub. Where were the “Dayak” at that time? Coward!!
Now, the White Hair has control to the “NCR” lands and state land. You can fine quarry everywhere and not least ugly huts of the aborigines. The politicians have logging lots and quarry but not the rakyat, the aborigines. Why this happened? Because we do not have the land title. We are now become a trespassing to our own land. We cannot produce crops because SALCRA, under Jabu’s command has authority to every piece of land. We cannot raise paddy anymore because the state lands are not our but own by politicians.
I believe that the effort of PRS to air this issue will be in vain since we cannot talk to Jabu and Taib about this. We can persuade them to cut down threes and planting palm oil at out area but asking for land title. The time is now for the aborigines to be awakened by the foolishness of the political party. They must wake up from their long sleep or else they will become intruder to their own mother land. The fact is that, we, the Aborigines in Padawan do not have the land title.
When can we have it?? Masing!
7 comments:
Hey. Like your post on the NCR issue.It makes sense that the goons in powers are sidelining the Bidayuh and Ibans by giving the land to the ill gotten gains of Taib's projects. It's really sad and frustrating not being able to work the land of your forefathers; only to have it handed to other people. I, for one,also am very ashamed of what my race (I'm Chinese, btw.)played part in this.
It's obviously clear that there is a government sanctioned plot to steal and rape the land from their rightful owners.
May I also add the fruits of discord also sewn with the 'family economy' that drained money straight to their pockets; screwing ALL Sarawakians economically. It's almost like in the medieval ages where one dictator/tyrant holds sway over the people. Blinding them with lies while exploiting them at their expense
Yes, we Sarawakians have to wake up and smell the bitter coffee. We want change now!
i am 1 of your weekly reader...now im banging my head on politics...but i really appreciated if you focus on bidayuh politic and future...and now i am concern of business.as a start im gathering the unemployed gratuates for doing small business....for info visit www.foodinbamboo.blogspot.com
support us k.
thanks.
Do you know what you are talking about or are you just bullshitting?
I doubt whether you really know what you are talking about? have you go to the land and survey office and find out? You are spreading lies in your blog.
What are native customary rights ?
These are unsufruct rights and privileges to land based on the various native customs or "Adat" Law, recognised by statute law, which is the Sarawak Land Code.
Methods by which native customary right may be created
The methods by which native customary rights may be created and acquired are :
(a) The felling of virgin jungle and the occupation of the land thereby Cleared;
(b) The planting of land with fruit trees;
(c) The occupation or cultivation of land;
(d) The use of land for burial ground or shrine;
(e) The use of land for any class for rights of way; or
(f) any other lawful method :
* Provided that -
(i) until a document of title has been issued in respect thereof, such land shall continue to be State Land and any native lawfully in occupation thereof shall be deemed to hold by license from Government and shall not be required to pay any rent in respect thereof unless and until a document of title is issued to him; and
(ii) the question whether any such right has been acquired or has been lost or extinguished shall, save in so far as the Code makes contrary provision, be determined by the law in force immediately prior to the 1st day of January, 1958.
The relevant law in force immediately prior to the 1st day of January 1958 is the Land (Classification) (Amendment) Ordinance 1954 (Ordinance No.3/1954). The net effect of this Ordinance is that native customary rights cannot be created over :
i. Mixed Zone Land after 21.5.1954; and
ii. Interior Area Land after 16.4.1955
5. Persons who can claim native customary rights
Only the natives of Sarawak can claim native customary rights as provided for by the Interpretation Ordinance, 1958. They are :- Bukitans, Bisayahs, Dusuns, Dayaks (Sea), Kedayans, Kalabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Tabungs, Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Or any admixture of the above with each othe
Do you know what you are talking about or are you just bullshitting?
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I have no doubt why those affected village (Bengoh Damn! project) are compensated with RM 10K and RM 50.00 per fruit tree.
BECAUSE THEY OCCUPIED THE "STATE LAND" BEFORE THE ARRIVAL OF ALFANSO DE ALBERQUE
You are just talking SHIT on behalf of Yang Ber.. what??? Berhormat??? I don't think so!!
AND....
when can we have such document? That is the main question over all questions in the heads of the aborigines. Am I right?
you seem to be very knowledgeble about the laws in native customary rights. But do you know that such thing doesn't exist at all. What right?????? Try your rights in court and it will be not right when judgement is passed. And this is clear to all the affected native throughout the State.
NCR isnt our right? Bullshitting your company of LANDAS. LANDAS is knowledgeble on NCR case thus Taib company are expertise on using you as a running dog to tell the lies on NCR thus polemic because the called Juruukur will have a much compensation + succession on to get lied a communities from Bengoh area. What can we say if the goverment stil want to kill them. The proven are clarifying by the 200 NCR case until that time.
The conclusion is i also agree to the reality of the voice that the issued of the name'development' on dammed dam just to killing the people. Not as what Dawos said ' the community will have a benefit from the project , but to be killed with physicology and lies' more and more...untill then. Can we so much more trusting our leader??
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