Baru: Time to set up native land commission

by Johnson K Saai reporters@theborneopost.com. Posted on June 28, 2011, Tuesday

ORANG ULU TIES: (From left) Baru Bian (PKR - Ba Kelalan), Miri Resident Antonio Kahti Galis and Dennis Ngau (BN - Telang Usan) at the DUN lobby after attending the day’s session. – Photo by Chimon Upon

KUCHING: The setting up of an independent native land commission is now getting more crucial as obviously the court and state government have different ideas on native customary rights (NCR) land, Ba Kelalan assemblyman Baru Bian said yesterday.

Speaking to reporters at a news conference at the State Legislative Assembly (DUN) media centre, Baru said the stand of the government was that only areas farmed before January 1, 1958 or ‘Temuda’ were considered as NCR whereas the court had ruled that NCR also included the ‘Pemakai Menua’ and ‘Pulau’.

“This is the big problem and the crucial aspect of it is we have a basis for setting up a native land commission to address the encroachment and trespassing of NCR land by companies either for the extraction of timber or plantations.

“This is because the commission which comprises both private and public sectors will have to determine the status of any particular land before licences are issued,” he said. He earlier on mentioned a recent case where the High Court in Sibu ruled in favour of the landowners, after they as plaintiffs complained that a company licensed to extract timber had trespassed into their NCR land. Baru, who was the counsel for the plaintiffs, also said this was not the first and only case where the natives had won in their claims over land rights.

“We have several similar cases in the past and for this reason we feel that there is a crucial need to have an independent native land commission,” he stressed. He revealed that in the recent case, which was heard in Sibu, the High Court Judge Yew Jen Kie had ruled that the plaintiffs had the rights over the land in question and the timber company, its servants or agents had trespassed into the plaintiffs’ land.

Following the court ruling, the timber company, its employees, servants or agents were also ordered to restrain from entering, clearing, using or occupying the said land.Also present at the media conference yesterday were Batu Lintang assemblyman See Chee How and other state PKR leaders.

No need to establish native land commission, enough provisions in Sarawak Land Code, says Adenan

The Borneo Post by Geryl Ogilvy Ruekeith, Zoee Hillson, Johnson K Saai, Jacob Achoi, Nurul Amarlina, Simon Ingka Crown, Peter Sibon and Antonia Chiam. Posted on June 29, 2011, Wednesday

Tan Sri Datuk Amar Adenan Satem - Photographers: Johnathan Bullet, Jeffery Mostapa and Tan Song Wei

KUCHING: There is no need for a native land commission to be established in the state, Minister with Special Functions in the Chief Minister’s Office Tan Sri Datuk Amar Adenan Satem said yesterday. He said this when delivering his winding-up speech at the State Legislative Assembly (DUN) in response to the proposal by Baru Bian (PKR-Ba Kelalan) for the commission to be set up to solve native customary rights (NCR) land issues as apparently the government and the courts have different opinions on NCR.

Baru, a lawyer by profession dubbed by many as a land expert, in his debate had said it was now more crucial to establish an independent land commission as seemingly the stand of the government was that only areas farmed before Jan 1, 1958 or ‘Temuda’ were considered as NCR whereas the court had ruled that NCR also included the ‘Pemakai Menua’ and ‘Pulau’ which often led to land disputes.

He believed that with the commission issues like encroachment and trespassing by companies issued with timber or plantation licences could be avoided. However, in response to that, Adenan said such commission was not necessary because the government had long recognised and respected native’s rights to their customary land provided they were created in accordance with the law.

“The Sarawak Land Code has adequate provisions to better achieve the same objectives of investigating, recognising rights and issuing titles to NCR land,” he said, adding that Section 2 of the Sarawak Land Code offered clear definition of NCR, Section 5 (2) outlined the methods by which NCR may be created while Part V of the same law detailed out the process by which land titles may be issued to the natives under Section 18 of the Sarawak Land Code.

“The above law is administered by the Land and Survey Department which has established procedures to deal with all aspects of the NCR issues. In implementing these procedures the department has always adopted a fair and professional approach. “For instance, in the often quoted matter of NCR being wrongly alienated to others, the government through the Land and Survey Department had taken action to either return the land to the rightful owners or compensate them,” he noted.

On the settlement of land disputes, be they among the natives, between natives and plantation owners, or between natives and the government, he stressed that the elected representatives of the respective areas were duty bound to give correct explanation to their electorates on government policies as well as to assist them in settling disputes amicably at the local levels without resorting to the courts.

He also advised NCR land owners, should they have issues with regards to their NCR such as encroachment by other parties, to report the matter to the appropriate agency, which is the Land and Survey Department.

“Reporting to other parties such as the non-governmental organisations (NGOs) will only result in your plight being politicised rather than resolved,” he noted. Therefore, he said, the government was not of the opinion that a native land commission would be able to resolve issues pertaining to NCR. “In short, there are no benefits to be gained by all parties especially by the claimants with the setting up of the commission,” said Adenan.

FROM NORTH TO SOUTH: BN assemblymen (from left) Liwan Lagang (Belaga), Malcolm Mussen Lamoh (Batang Ai), Dr Abdul Rahman Junaidi (Pantai Damai) and Paulus Palu Gumbang (Batu Danau) on their way for lunch during the break of the DUN sitting yesterday. - Photographers: Johnathan Bullet, Jeffery Mostapa and Tan Song Wei

Kaamatan, Gawai Dayak festivals worthy of world attention – PM

Posted on May 31, 2011, Tuesday

KUALA LUMPUR: Datuk Seri Najib Tun Razak said the Kaamatan and Gawai Dayak festivals celebrated by ethnic communities in Sabah and Sarawak this week serve as an opportunity for Malaysians to showcase the country’s cultural and ethnic diversity to the world.

The Prime Minister expressed hope that Malaysians living in Borneo would share their rich culture with other people with pride, including with fellow Malaysians from the peninsula. Najib said peninsular Malaysians should take the opportunity to learn more about the country’s cultural heritage.

“We shouldn’t forsake our age-old traditions that bind us as one race, as we strive to transform Malaysia into a developed nation of high income. “It all starts with our homeland, the need for us to appreciate our rich cultural heritage,” Najib wrote in a posting on his www.1malaysia.com.my blogsite today.

He described Kaamatan and Gawai Dayak festivals of the ethnic communities in Sabah and Sarawak as unique, as no other place in the world celebrated the events. Najib wished them “Kotobian tadau tagazo do Kaamatan” and “Selamat Hari Gawai ‘gayu guru gerai nyamai’”, hoping that they would be blessed with long life, health and prosperity. – Bernama

Three Unduk Ngadau aspirants win subsidiary titles

by Mariah Doksil. Posted on May 30, 2011, Monday

Shirly Arichat (front second right) with Bo Tiza Arthur S. Disimon (front second left) and Gurjit Gonsilau (right). At left is reigning Unduk Ngadau queen Crystel Eve Huminodun M. Majinbon.

PENAMPANG: The winners of three subsidiary titles in the State Unduk Ngadau Kaamatan were announced during the heat at Hongkod Koisaan last night. They are Bo Tiza Arthur s. Disimon from Penampang (Miss Natural Beauty), Shirly Arichat Enggoh from Kuala Penyu (Miss Friendly) and Gurjit Gonsilau from Putatan (Miss Pink).

Both Miss Friendly and Miss Natural Beauty are subsidiary titles accorded to the Unduk Ngadau participants who are quietly observed by the organizing committee as soon as they register for the contest. The committee judged the participants based on observations and made a collective decision on who they think deserves the titles. Bo and Shirly received a crown, a sash and a bouquet of flower from Deputy Chief Minister Tan Sri Joseph Pairin’s wife Puan Sri Genevieve Kitingan.

Meanwhile, Miss Pink will be an ambassador of Kota Kinabalu Pink Ribbon, the beneficiary of a donation from last night’s Sodop Unduk Ngadau. All the 40 State Unduk Ngadau contestants will be parading today on an open stage at Hongkod Koisaan, during which 15 of them will be chosen for the final tomorrow.