Chee How: Masing is displaying his arrogance

Kuching (March 6, 2012): Sarawak PKR vice chairman and human rights activist, See Chee How, said Tan Sri Dr James Masing, in backing Datuk Mong Dagang, was clearly displaying his arrogance that call for the severest political condemnation and censure.

“With the show of misdeed by party’s Youth chief and an assistant minister, one would have expected  Masing, as a Senior State Minister, to mollify the damages that has been inflicted on image of the BN government. 

“Instead, he amplified the contemptuous act by challenging the most fundamental ideals of a democracy,  that a government is “of the people, by the people and for the people”, See, who is also the Batu Lintang State Assemblyman, said when commenting on Masing's full support to Mong to stop welfare aid to a disabled person, Frusis Lebi.

Mong also instructed the Agriculture Department to stop giving agriculture subsidies to Frusis.

See said Masing’s callous remarks that that the people should not go against the government because the government was the boss (“towkay”) reflected terribly on the BN leadership of  Prime Minister Datuk Seri Najib Razak and  Chief Minister Tan Sri Abdul Taib Mahmud. 

“It is obvious that the reign since independence has made him egoistic and arrogant. 

“ Masing should be taught that the relationship between the government and the people is alike the ship and the water. The water can keep you afloat, it can also sink you,” See warned.

 Earlier, Masing, who is also the Land Development Minister, said Frusis should know the rule in life.

“Follow the rule of life, that is, jangan lawan towkay,” Masing, who is also Parti Rakyat Sarawak (PRS) president, said in defending Mong for stopping a RM300 monthly welfare aid to Frusis Lebi.

Asked to comment, Masing said:”In any organisation, including political parties, we cannot go against the boss. That’s the golden rule in life which we must observe.”

Mong, who is also the PRS Youth chief, is the State Assemblyman for Bukit Begunan.

Frusis, 51, is from Kampung Entulang which is in Mong’s constituency.

Mong claimed that Frusis openly gave support to the Opposition in the April 16, 2011 state election.

Frusis lodged a police report last Friday against Mong for issuing directive to the Welfare Department and Agriculture Department. By Sematong Express

Is it worthwhile for NCR land owners to participate in Salcra scheme?

Kuching, March 6, 2012: Is it worthwhile for the Native Customary Rights (NCR) land owners to participate in the Sarawak Land Consolidation and Rehabilation Authority (Salcra), asks former deputy president of the Council of Dayak Customs and Traditions, Nicholas Bawin, today.

He said Deputy Chief Minister and Salcra chairman Alfred Jabu Numpang talked big about Salcra and its so-called millions of dividends which had been given out to the NCR land owners, but in reality, it was not the case.

Take the case of the 30-door Rumah Empirong, Nanga Tutong, for example, Bawin said in the year 2010, each family received a paltry dividends of RM95 only.

"Last year, each family received RM305 and this year, RM350," Bawin told reporters.

He said what he pointed out was true "because I come from the longhouse".

Bawin said land owners from other longhouses received slightly more.

"Salcra is supposed to help the poor land owners, but with the small dividends they reach yearly, how could their economic well-being be improved?" he asked.

Bawin also complained about the unreliable water supply to 21 longhouses in the Batang Ai resettlement scheme, a far distance from the Batang Ai dam.

These longhouses were formerly from areas which were now submerged by the dam.

The government made many promises to them, but at the end of the day, each family was given three acres of land in the resettlement scheme.

Bawin said there should not be any problem for the water supply to reach each family in these longhouses.

"But what we experience regularly is that there are often interruptions of water supply to our homes.

"There should never be any problem because the source of the water is from the big Lemanak River. Why is it that we have this kind of problem?" he asked.

Bawin said after a heavy rain up the catchment area, the water that came from the tap was very muddy.

He said there used to be logging activities up the Lemanak River the past, but because the logging activities were so intensive and extensive, it took years for the trees and plants to grow in the logged-over areas.

He said rain water from these areas washed the mud into the river, the main source of fresh water supply of the longhouses, and that was why the water that came out of the taps was muddy and polluted.

William Limong condemned for saying that NCR land is an old issue

I refer to the Borneo Post 1 March 2012 pg 11 ‘Opposition told not to harp on old issues’ and I have this to say to William Limong: Issues that are unresolved and continue to plague the people are not considered old issues. I advise him to take some effort to study the judgments of the Courts for their definition of NCR land, and then, if that little exercise has not totally worn him out, to find out how the Lands and Surveys Department and other relevant government bodies choose to apply their own limited definition in their dealings with the people.

It is precisely because this is an aggravating and ongoing issue that SUHAKAM is currently conducting a public hearing for the National Inquiry into the Land Rights of Indigenous People.

However, I am happy to leave the final judgment to the people: if they are happy with the current situation on NCR matters and truly believe that their ‘rights are protected by the Barisan National (BN) government’, then by all means let them vote for more of the same with the Barisan National politicians.

On the other hand, if they believe that their rights are being trampled on, and that their lands and livelihood are being stolen by people who claim to ‘care’ about them, then I trust that they will exercise their good judgment to vote for a Pakatan Rakyat government.

THE ASIAN BEACON EXPERIENCE

I commend the Asian Beacon for the prompt apology over two articles published in its latest issue which had caused offence and hurt to the Iban and Bidayuh communities in Sarawak. It was only right and proper that the apology was made by Asian Beacon in good grace and accepted by the Minister in the same good grace.

If only other groups who are known and reviled for making false and incendiary accusations against other groups in the community would learn from this lesson in humility and understanding. No party can claim to be superior to the rest whether it be in terms of its religious beliefs, cultural practices or moral standards.

We remain ever hopeful that Malaysians will converge at a point of moderation where all issues can be discussed and settled in the true spirit of Muhibbah, which once imbued the various communities in this country. 

Baru Bian

State Assemblyman

N70 Ba’ Kelalan/

Chairman

PKR Sarawak

Kenneth Kanyan's claim questionable, says SAVE Rivers Network

MIRI – Save Sarawak’s Rivers Network (SAVE Rivers) doubts that the Iban communities in Baleh are aware what more be receptive to the proposed Baleh Hydro-electric Power (HEP) Dam as claimed by the Iban community leader, Temenggong Datuk Kenneth Kanyan as reported in the Borneo Post dated 29 February 2012.

From the mega-dams conference organised two weeks ago by SAVE Rivers, four participants from Baleh clearly stated that they were not fully aware about the proposed dam project and have registered their objection to it.

From SAVE Rivers’ research, the residents of Nanga Antawau, Baleh are only aware that the Baleh Dam Access road is going to be build through their village and not much information was given by the authorities about the pros and cons of the proposed dam.

Furthermore, the feasibility studies are still ongoing and the State Government has yet to approve its construction.

SAVE Rivers would like to ask Temenggong Datuk Kenneth Kanyan whether:

1.      there is any Social and Environmental Impact Assessment (SEIA) studies have been carried out and that this document have been made available for public scrutiny;

2.      the resettlement and compensation plans are already made public; and

3.      the people affected have been properly informed and consulted without any coercion from the authorities

According to Peter Kallang, Chairman of SAVE Rivers, “The community chiefs have no right to give consent to accept the proposed dam on behalf of all his community.”

“The construction of mega-dams is not the only means to develop the state. Sarawak needs development and I believe that the people all want to have better living standard but building mega-dams will destroy the rivers and submerge the very land which the people need for development”, said Peter.

Once again SAVE Rivers would like to state our demands that:

1. All proposed mega-dams to be built in Sarawak shall be immediately and permanently stopped.
2. All outstanding issues with regard to compensation or matters concerning any human rights for peoples affected by dams already constructed or under construction shall be solved immediately.
3. The people’s decision and their right to disagree for the dams to be built shall be respected and taken into account.
4. The government shall promote viable alternative energy generations which are environmentally friendly and renewable such as micro-hydro power system, solar energy, wind energy or biomass
5. All destructive activities within the water catchment areas of all the river systems in Sarawak shall be immediately and permanently stopped.
6. All dirty industries, like those under the Sarawak Corridor of Renewable Energy (SCORE) shall be immediately and permanently stopped.
7. After full and free consultation, referendum on the construction of the different dams’ constructions shall be conducted.

Who are actually oppressing and suppressing the natives, asks Wong Ho Leng

Plights over NCR Land – Oppression and Suppression by BN

By Wong Ho Leng, Sarawak DAP chairman

The Dayaks of Sarawak are entitled to Native Customary Rights (NCR) land, but their plights have long been neglected, only because they are the vote banks of the ruling coalition (the Barisan Nasional [BN]).
Let me narrate 2 stories first.

Story 1:
Rumah Juing, a longhouse at Pasir Emas, Sibu, faces a grim future. The land on which it was built in 1989 will be alienated to a private company. The longhouse folks had been asked to move out, and negotiations for resettlement had failed. More than 200 longhouse folks cried for help from the Barisan Nasional, but no help came. They are trespassers and squatters.

Story 2:
In 1996, the BN issued a Handbook, calling it an “official communication guide on NCR development matters”. They promised those natives who own 50 hectares (123 acres) or more of NCR land undreamed-of wealth. They promised rural folks an annual dividend of up to RM40,000 calculated on the basis of crude palm oil price at RM1,400 per tonne. That would mean an annual dividend of RM325 per acre. But the crude palm oil price has since tripled, yet the undreamed-of wealth was so far-far away in “Never”land. Those natives who have entered into joint ventures to develop their NCR land cannot even wriggle out of the agreement. They also cannot go to the Court, even if they receive no dividends.

Now, let me tell the goings-on.
As the largest state in the federation, no one in Sarawak should be land hungry. Blessed with 124,449 square km (12.4 million hectares) of land, Sarawak is a land of aplenty. The fate of Rumah Juing is an irony, but Rumah Juing is not alone.

No NCR can be created after 1^st January 1958. Section 5 of the Land Code (Sarawak) states explicitly that as from 1^st January, 1958 no recognition shall be given to any NCR over any land in Sarawak, and if the land is state land any person in occupation thereof shall be deemed to be in unlawful occupation of state land.

In normal state of things, longhouses expand due to population growth, or they would split because of disputes. Unlike the Chinese, the natives do not move to urban centers. For those who move out, many have built their longhouses on state land. Though some of these longhouses have been supplied with water and electricity, many have not. More often than not, roads and other infrastructures to their longhouses are pathetic. 

The native legislators (ADUNs) from the BN dare not speak out their plight, as it is political suicide to incur the wrath of their political masters. Often, those who speak out the plight of the natives are ADUNs from the Opposition, us the Pakaan Rakyat, despite stinging criticisms from the BN native leaders that we are not more “Ibans” than they are.
The NCR land size in Sarawak is dwindling, being alienated by the state Government to crony conglomerates for oil palm plantation developments.

Through a scheme seductively labeled “New Concept of NCR Land Development” in 1996, many NCR land have been alienated for joint venture oil palm plantation development with big companies/investors. The NCR lands were amalgamated and titles issued in the name of the joint venture company. The landowners would have no beneficial legal equitable or caveatable interest in the land issued with titles. Apart from dividends promised, they are relegated into absolute obscurity. In this joint venture company (JVC), the Land Custody and Development Authority (LCDA) will hold 10% equity, the natives participants are given 30% equity, and the balance 60% equity will be procured by the investors who will inject cash to the venture.

As at 13^th May, 2009, 406,425 hectares of NCR land had been agreed for New Concept NCR land development involving 26 joint ventures. As at 22^nd June 2011, the area had been expanded to 412,219 hectares involving 34 projects.

Although the development involves the natives’ own land, more foreigners are employed than from the longhouse community. The natives received pathetic amount of dividends from these joint ventures.

On 13^th May 2009, James Masing, the Minister of Land Development, told the state legislature that only 4 out of the existing joint ventures managed to pay out dividends amounting to RM2,301,116.86. That represents an annual return of RM0.27 per acre to the landowners, a sum hardly sufficient to buy a cigarette!


Though the state Government has been asked to update the dividend pay-out, no information is available as yet.

The LCDA and its associated companies faced problems from these joint ventures. On 18^th February 2011, the LCDA and the state Government lost a legal battle involving the joint ventures of NCR land development at Pantu, Sarawak (Kuching High Court Suit No.22-1-2005-1(SG), known as the “Pantu case”.

The native ancestors had settled in Pantu since 1880. The Plaintiffs landowners are the 7^th generation settlers. Attracted by the promise of undreamed-of wealth by the BN Government, the enthusiastic landowners involved themselves in the joint venture. In 2004 their crops and fruit trees were cut and their lands cleared for oil palm plantation envisaged under the Joint Venture Agreement by Indonesian workers of the joint venture company. Valuable crops and several burial sites at the NCR land were also destroyed.
Some 6 years after commencing the oil palm plantation, and 3 years after the oil palm fruits were harvested, no dividends were distributed to the enthusiastic participants. The undreamed-of wealth did not come. The erstwhile landowners do not have any rights whatsoever.

Linton Albert the Judge in that Suit, himself a Sarawak native, aptly put it in this way: “These are cries for justice and the court must respond even if no one else does because one cannot simply throw one’s hands in the air and say that is how life is.”

The New Concept of NCR land development has the noble object to eradicate rural poverty. What happened was a far cry from nobility. The Judge said in succinct language thus: “It is sad that the lofty aims set out in the Handbook had been lost in implementation perhaps by the overzealousness of the various state functionaries involved in the implementation who no doubt have concealed the miseries that the oil palm plantation has brought about and the benefits a far cry from those flaunted in the Handbook.”
The landowners won, because the Court held the agreement illegal, because the subsidiaries of LCDA who implemented the project were non-natives, and under s.8 of the Land Code, no benefits over native land can be enjoyed by non-natives.

The judgment was delivered on 18^th February, 2011, 57 days before the Sarawak state election. Despite its rhetoric of being a caring Government the BN made sure that the fruits of victory by the natives would not be enjoyed as yet. They appealed to the Court of Appeal, which has yet to hear the case. Then, 2 months after the BN was returned to power (by the natives), on 22^nd June 2011 at the state legislature the BN amended the law to plug the loophole against any chance that such joint venture agreement would be illegal. Under the new law, the natives who had entered into the venture cannot even go to the court to ventilate their just claims.


Such is the fate of the natives who have stood by the BN through thick and thin. Not a single native ADUN from the BN dared whisper a simple “No” to the amendment. For the Pakatan Rakyat, myself, Ting Tze Fui, Chong Chieng Jen and Baru Bian spoke against the amendment. And, the BN law-makers turned the table on us, saying that we are against development.

I have reiterated umpteenth times in the legislative chambers that DAP is never against development, so long as they are meaningful to the people. In his first speech in the Dewan Undangan Negeri delivered to object to the amendment, Baru Bian (PKR) said the same thing.

DAP is steadfast to speak the plights of the natives in the Dewan Undangan Negeri when their own representatives dare not. We are not deterred by the many lies of the Deputy Chief Minister Alfred Jabu uttered in and outside the legislative chambers that DAP has oppressed and suppressed the natives in their opportunities on NCR land development. The story of the fate of the natives in the Pantu case provides a complete picture that those who oppressed and suppressed are those in power, the BN. The natives in Sarawak should put an end to this BN’s charade soon.