Remun community wins in NCR land case

Kuching, Feb 24, 2012:  A Remun villagers have won a case in the High Court yesterday when they succeeded in claiming native customary rights over 4,000 acres of land in Serian district.

They sued Land Custody and Development Authority (LCDA),  plantation company Nirwana Muhibbah Sdn Bhd and Lands and Surveys Department of Kuching Division for encroaching into their land without compensation.

The plaintiffs are the headman Nyutan Jami, Gangga Guma and Langga Kama, who took the court action on behalf of themselves and 183 other villagers of Kampung Lebor.

Remun, found only in Serian district in Sarawak, is one of the small tribes in the State.

The judgment of Appeal of Court Judge, Justice Datuk Clement Skinner, who heard the case in 2008 when he was a Kuching High Court, was delivered by Senior Assistant Registrar of the Kuching High Court Rosliah Abdul Rahman in her chamber.

The Lands and Surveys issued two Provisional Leases (PL) to LCDA and Nirwana Muhibbah Sdn Bhd, covering land claimed by the Remuns as theirs.

Baru Bian, counsel for the NCR landowners, said the case concerned Article 5 and Article 8 of the Federal Constitution.

 “We have brought these two Articles before the court, and the judge agreed with us,” he said.

He said Article 5(1) states that no person shall be deprived his life or personal liberty save in accordance with the law.

“The natives have always equated land to life. You take their land, you deprive them of their life,” he said.

“We have also brought the issue on equality before the law and that all persons are entitled to the equal protections of the law.

He said this Article concerns compensation for loss of their land.

“They (villagers) must be compensated for the acquisition of the land, but in this case, they were not,” he added.

He said the court agreed that the Remuns have customary rights over the disputed land and that the first and second defendants have trespassed into the land.

The court also ordered the Lands and Surveys to take steps to exclude the NCR land from the two PLs.

Damages to the land to be assessed later.

Only recently completed, but this road is already in bad shape

Kuching, Feb 24, 2012: The Trusan-Long Tengoa Road, which was built under the National Key Result Areas (NKRAs) and completed just before Christmas last year, is in poor shape.

The 18-km long road is badly damaged with plenty of potholes spotted all the way from Trusan Bazaar to the Long Tengoa, a Tagal tribe village, in Limbang Division.

Parti Keadilan Rakyat (PKR) Ba’Kelalan state assemblyman Baru Bian wants the Malaysian Anti-Corruption Commission (MACC) to conduct an immediate investigation into the matter.

“How could a road which was completed only a few months ago and a cost of over RM10 million be damaged so fast?” he asked at a press conference today.

“The road is of sub-standard,” he said, adding that there is reason for the MACC to conduct the investigation.

He said there could be leakage in the fund allocated towards the construction of the road.

He said the road is an important mean of communication for 10 farming villages along its stretch.

“Before the road was completed, the people from these villages have to use the Limbang River which took them anything from six hours to 12 hours journey to Trusaan Bazaar,” he added.

Baru, who is also the Sarawak PKR chairman, also called on State Minister of Infrastructure Development and Communications Datuk Seri Michael Manyin to inspect the road.

He said Manyin could assess the damage and make decision on the next course of action. By Sematong Express

Don't be unduly worried, SNAP members told

Kuching, Feb 22, 2012: Sarawak National Party (SNAP) has dismissed talks that something is not right with its triennial delegates conference (TDC) last month following the decision by the Registrar of Societies to file an appeal with the Federal Court.

The apex court yesterday granted leave to the ROS to appeal against Court of Appeal’s judgment to quash the deregistration order against SNAP for breaching its own constitution during a prolonged leadership crisis on Nov 5, 2002.

The Court Appeal had on June 23, 2010 allowed the appeal brought by SNAP’s then deputy president Datuk Justin Jinggut to set aside the High Court’s dismissal of his judicial review bid to quash the ROS’s decision to de-register the party.\

SNAP secretary general Frankie Jurem Nyumboi explained today that the Federal Court’s decision has nothing to with the TDC held on Jan 15 this year, during which a new office bearers were elected.

“Our TDC was legally and properly held and we have submitted our minutes of meeting to the ROS three days ago.

“Before we have our TDC, we have consulted the ROS on the legal procedures,” Jurem stressed, adding that some disgruntled party members were spreading words around that the Federal Court’s decision had something to do with the TDC.

He said the party headquarters had received numerous calls from concerned party members on the latest development.

“Let me assure them that there is nothing to be worried about. The appeal by the ROS is on a technical matter which the Court of Appeal had decided when quashing the ROS order to deregister the party,” he said, adding that the ROS has every right to appeal if it is not happy with the judgment of the Court of Appeal.

He said that the ROS had filed long before the party’s TDC.

“In the meantime, we have to wait for the outcome of the ROS appeal to the Federal Court,” he said, adding that it is normal for any party to go to the highest court in the country if they are not happy with the decisions of the lower courts.

He said the party will function as normal because it is a legally instituted body.

Ends

Sarawak Forestry increases fees to enter national parks and nature reserves

Kuching, Feb 21, 2012:  In the effort to develop better products, services and facilities for tourism, the State has consented on new rates for all national parks and nature reserves. The changes will be made effective from 1^st May 2012. 

Presently, SARAWAK FORESTRY is responsible in managing all national parks and nature reserves in Sarawak, overseeing all operational matters which are handled by dedicated staff consisting of wildlife experts, park guides, veterinarians and conservators alike. The national parks and nature reserves have showed positive outcomes in terms of visitation, industry and stakeholder interest as well as worldwide recognition and support in the past year. Sarawak’s conservation efforts have successfully reached the world via the national parks and nature reserves.

Last year, national parks and nature reserves such as Bako and Semenggoh have received more than 10,000 visitors and this reflected a good indication not only in terms of tourism but also in terms of education, conservation and new development.

With the advent of the new rates, SARAWAK FORESTRY aims to broaden the scope and functions of the national parks and nature reserve in which with an additional source of revenue, better facilities, services and manpower can be attained. In the pre-establishment stages of the new rates, matters such as resolutions, aims, and operations will be re-enforced to act in accordance with the new rates.  

Haji Ali Yusop, Managing Director / CEO of SARAWAK FORESTRY, regarded the implementation of new rates as a great opportunity for a better change. He added, “with the National Parks and Nature Reserves constantly being upgraded, developed and well maintained, it will benefit all stakeholders in various ways. With the new rates being implemented, the products and services will be enhanced.”

Pursuant to the amendments to the National Parks and Nature Reserves Regulations made by the Majlis Mesyuarat Kerajaan Negeri on 26 August 2010, all National Parks and Nature Reserves in Sarawak will charge the new rates for entrance fees, park guiding fees and other charges, to be effective from 1 May 2012, as detailed below:

NEW ENTRANCE FEES

SINGLE ENTRY

Category	Foreigner				Local
	(1) Adult	(2) Disabled person	(3) Children, above 6 years old but less than 18 years old	(4) Children, 6 years and below	(5) Adult	(6) Senior Citizen/ disabled person	(7) Children, above 6 years old but less than 18 years old	(8) Children, 6 years and below
World Heritage Site (5-day Pass)	RM30.00	RM15.00	RM10.00	Free	RM15.00	RM7.00	RM5.00	Free
National Parks	RM20.00	RM10.00	RM7.00	Free	RM10.00	RM5.00	RM3.00	Free
Semenggoh Nature Reserve	RM10.00	RM5.00	RM5.00	Free	RM5.00	RM3.00	RM2.00	Free
Other Nature Reserves	RM5.00	RM3.00	RM2.00	Free	RM1.00	Free	Free	Free

MULTIPLE ENTRIES (non-transferable)

Nature Reserve	Adult (1 month)	Senior Citizen/ Disabled person (50%) (1 month)
Sama Jaya NR	RM20.00	RM10.00

NEW PARK GUIDING FEES

World Heritage Site	Leisure Trekking (per hour, per guide) (maximum of 10 persons per guide)	RM 50 per group
	Adventure Trekking (per 8-hour-day or part thereof) (minimum of 3 and maximum of 8 persons per guide)	RM 500 per guide
	Adventure Caving (per 8-hour-day or part thereof) (maximum of 8 persons per guide)	RM 600 per guide
Other National Parks and Nature Reserves	Leisure Trekking (per hour, per guide) (maximum of 10 persons per guide)	RM 30 per group
	Adventure Trekking (per 8-hour-day or part thereof) (minimum of 3 and maximum of 8 persons per guide)	RM 400 per guide
	Adventure Caving (per 8-hour-day or part thereof) (maximum of 8 persons per guide)	RM 500 per guide

OTHER CHARGES

1	Rent of locker (per day)	RM5 per locker
2	Lease of canteen (per month)	World Heritage Site	RM300
		Other National Parks and Nature Reserves	RM200
3	Lease of toilet/changing room (per month)	RM50
4	Use of conference room	RM200
5	Commercial filming and photography fee	RM1,000

Haji Ali Yusop, who is also the Director of Forests and Controller of National Parks and Nature Reserves, said, “In this industry, the need to constantly develop our products and services is very crucial and with the new rates that are to be implemented beginning of May 2012, we will see some changes and act on them relatively as the rates can be considered as minor enhancements for the time being. The outcomes will definitely be monitored and future development for the national parks and nature reserves will follow subsequently.”

Haji Ali Yusop stressed that SARAWAK FORESTRY aims to provide better and efficient customer services. He welcomes travel and tourism operators in promoting better quality in services and care for both local and foreign visitors as he believes that we are all active agents in representing the beauty and wealth of Sarawak’s biodiversity. 

For further information about the new rates for other services such as park guiding and rentals of rooms and products, or other related matters on national parks, nature reserves please contact Visitors Information Centre at 082 248088 or visit SARAWAK FORESTRY’s website at www.sarawakforestry.com

_____________________________________

Indigenous groups damning the construction of more dams in Sarawak

caption: The participants after attending the conference

MIRI, SARAWAK – About 150 indigenous representatives who are affected by the current and planned mega hydro dam projects in Sarawak together with local civil society organisations and indigenous peoples organisations and concerned individuals gathered for a conference in Miri, Sarawak from the 16 to 18 February, organised by the newly formed Save Rivers Network (SAVE Rivers).

The discussion in the conference centred on issues regarding the impacts of building mega-dams to the livelihoods of the affected communities as well as the adverse impacts it will create to the environment.

At the end of the conference, the participants issued a statement demanding that the government take the necessary steps to address the issues concerning them.

According to Peter Kallang, the Chairman of SAVE Rivers, “In the workshop discussions the participants unanimously expressed their clear intent to resolve these issues and continue the campaign until the demands are met.”

The participants of the conference strongly condemn the Sarawak State Government’s development plans to build an additional 12 dams after Batang Ai, Bakun and Bengoh dams. They strongly demand the State Government to scrap the said plans as well as the plans to bring in dirty industries to the state under the Sarawak Corridor of Renewable Energy (SCORE).

They are also demanding that all outstanding issues regarding the peoples affected by the dams which have already been constructed or currently under construction should be solved immediately.

The participants agreed in the conference that the government must respect the decision and the right of the people to disagree with the proposed dam projects as they are the ones directly affected.

There was a strong call to the government to promote viable energy generation alternatives which are people and environmental friendly such as micro-hydro, solar, wind and biomass.

The participants demanded that destructive activities caused by logging, plantation and infrastructure activities within the water catchment areas of all the river system in Sarawak should cease.

All the participants also agreed that the government should at the very least conduct a referendum after a full and free consultation among the peoples affected by the proposed dams.

The speakers at the conference were a Malaysian Human Rights commissioner  Detta Samen, Gurmit Singh from the Centre for Environment, Technology and Development, Malaysia (CETDEM), Edmund Bon who is a lawyer and formally in the Bar Council’s Human Rights Committee, Dr. Andrew Aeria from the Faculty of Social Science at Universiti Malaysia Sarawak (UNIMAS), Adrian Lasimbang from the Indigenous Peoples’ Network of Malaysia (JOAS), Dr. Ting Chek Ming who is a senior lecturer in Universiti Selangor (UNISEL), Kirk Herbertson from International Rivers and Cynthia Ong from Green Surf.

The indigenous communities include the Kayans, Kenyahs, Kajangs, Kelabits, Lun Bawangs, Ibans, Penans, Bidayuhs, Kedayans, Trings and Ukits.

SAVE Rivers is a network of civil society organisations, community based organisations and associations and individuals who are concerned about the issue of mega dams construction in the state which will affect a large group of indigenous peoples and the environment.