False to say that Dayak NCR Land Forum has failed to reach consensus

Letter to Administrator

Borneo Post's front page today (Jan 7, 2017) on the Dayak NCR Land Forum yesterday is rather misleading.

Native Customary Rights Land Ordinance in the making

By Simon Peter

KUCHING,January 7, 2017 - Corporate lawyer Elsiy Tinggang said she and a group of experts are drafting the Native Customary Rights Land Ordinance with the objectives to protect native customary rights land, pemakai menoa and pulau galau and customary laws.

 Elsiy Tinggang presenting a paper on Way Forward at the NCR Land Forum

Overview of Sarawak Land Code- Its shortcomings and solutions

Overview of Sarawak Land Code – its shortcomings and solutions

By :

Abun Sui Anyit

Advocate & Solicitor

For Dayak Forum on 7.1.2017

(In Response to Federal Court Decision on TR. Sandah Anak Tabau)

The Law in relation to Native Customary Rights (NCR) in Sarawak

Under Land Code (Cap. 81)

Copper thieves damage about RM790,000 worth of equipment from three SESCO's substations

KUCHING, January 5, 2017 - Syarikat SESCO Sdn Bhd (SESCO), the retail and operating arm of Sarawak Energy Berhad (SEB), said copper thieves broke into its three substations, causing extensive damage to equipment estimated at about RM790,000, within five days of this month.

Our elected reps are of no use to us if they can't protect our NCR lands

By Peter John Jaban, human rights advocate.

The Federal Court’s ruling that ‘pemakai menoa and pulau galau have no force of law in the state would have far reaching implication.

The best solution to the NCR problems is to elect a new state government so we can amend the land code. But how many of the Dayaks are prepared for a change of the government? 

For one thing, the government could suffer some backlashes in the general election either this year or next year, because of the court's decision.

It does seem the Dayak community has been resting on their laurels and taking things for granted all this while but now that they are losing their customs and large tracts of their land, they are compelled to act.

I call upon the people, especially the Dayaks, to take a hard look at our elected representatives and we ask ourselves what these elected reps have done to protect out NCR lands from being stolen right under our eyes?

If they have done nothing, except to take care of themselves and their position in politics, then it is high time that we consider voting them out in the next election.

They are of no use to us if they can't protect our NCR lands and our property from being encroached by big plantation and timber towkays.

As we are the ones who put up our elected reps to power, we will also be the ones to bring them down and replace them with people who dare to fight for our case.

As I said,  a good leader must be the one who is willing to listen to people's grouses and complaints and then take immediate actions to find solutions.

I notice several Dayak elected reps from both sides of the political divide appeared to be championing for the customary rights of the Dayaks after court has made its ruling.

I think this customary rights issue is delicate. If not handled properly, it may backfire against any of the two groups. The opposition is now having a field time banking on the issue. Land issue did not work for them in the past but the court's ruling, perhaps, has given them so much hope.

I also think that the issue will affect the mindset of the voting Dayak community in future elections. Party loyalty may not have so much bearing anymore.

I have brought up cases when gangsters were involved in land disputes resulting in violences and even deaths and I would continue to bring up such cases which have been reported and to expose those which have not been reported.

I fear there would more deaths in the future if these land disputes are not settled properly.

Even before the court's ruling, there have been several cases of violence being reported involving the Iban landowners and gangsters hired by plantation and logging companies.

Some of these cases were reported in Ulu Baram, Melikin (Balai Ringin),  Ulu Niah, Ulu Sungai Arip (Niah) and the murder of Bill Kayong, of course.

We, the Dayaks, are humble people but we can be fierce if someone takes away our rights

Sarawak is a state with great potential because of what we have shared with each other, and this includes the contribution of the Dayak community.  We must not forget that.

 We must not forget what makes us Dayak.  It is our Adat.  Adat is the link from our past to our future.

 Our land is not just our property, it is our life. Without our NCR lands , we have no life, nobody. We will be like living things without any soul.

Our culture defines our identity.  If we lose that, then we lose ourselves.

The Federal Court have ignored our Adat in this ruling. They said the definitions are not clear.  That is because they have used their own world view, not ours.  It is up to us here today to make sure that today’s leaders learn to see ours.

Our Adat was incorporated into the land code by the British in 1958.  But the Sarawak Land Code was amended again and again since 1958.

With due respect to the learned judges, they lack understanding of our Adat  which we have been practicing since time immemorial.

The best solution to the NCR problems is to elect a new state government so we can amend the land code.

But how many of the Dayaks are prepared for a change of the government? - January 4, 2017