8 July 2024
On Today Show
—【FORUM：COMMUNITY VOICE】Harrison Ngau, Lawyer / Political activist since the 1970s – Reclaiming Our Rights: A Strategy for NCR Land
—【FORUM：COMMUNITY VOICE】Paul Raja, Lawyer Activist – From Grassroots to Justice: The Ongoing NCR Land Struggle
— Laeng Kulay from Tering Association Miri – Enhancing Access to Citizenship for Remote Indigenous Communities
Topik Pada Hari Ini
—【FORUM: SUARA KOMUNITI】Harrison Ngau, Peguam / Aktivis Politik sejak tahun 1970-an – Menuntut Hak Kami: Strategi untuk Tanah Hak Adat Bumiputera (NCR)
—【FORUM: SUARA KOMUNITI】Paul Raja, Peguam Aktivis – Dari Akar Umbi ke Keadilan: Perjuangan Berterusan untuk Tanah Hak Adat Bumiputera (NCR)
— Laeng Kulay dari Persatuan Tering Miri – Meningkatkan Akses kepada Kewarganegaraan untuk Komuniti Orang Asal yang Terpencil
-
Special Randau
1. PAS Party candidates won big in the Penang Sungai Bakap by-election. Pas candidate Abidin Ismail won with a majority of 4267 defeating the PH/PKR candidate with a large increase in votes. Pas candidates in the last state election only won with a narrow majority of 1564. The federal government led by Anwar Ibrahim was heavily criticized for targeting diesel subsidies and efforts to fight corruption.
2. Dayak people's rights to land are increasingly eroded under the GPS administration compared to during the Brooke and British administrations. GPS does not recognize the Dayak people's land ownership rights. Renowned Sarawak lawyer Harrison Ngau proposed several reforms to confirm Dayak rights to state land. If not done immediately. Dayak rights to land will be erased.
3. Sarawak seeks billions of dollars in global carbon trade. Asean Business Times reports that Sarawak will dominate the carbon market with its various natural resources. The question is whether once again the rights of the original community will be violated such as the manipulation of logging, palm oil plantations and hydro dam construction by large companies such as SEB and logging by SAMLING, SHIN HANG, TA ANN, KTS, RH AND WTK.
----------------------------【FORUM：COMMUNITY VOICE】
Harrison Ngau, Lawyer / Political activist since the 1970s.
Reclaiming Our Rights: A Strategy for NCR Land
Harrison Ngau believes that since BN/GPS administered Sarawak, the rights of the Dayak/Orang Asal to NCR land have been eroded and if GPS is left with the land policy they are currently practicing. Less than 20 years from now, the NCR land of the indigenous people will be wiped out. The erosion of the Dayak people's land rights is not only due to provisions in the Sarawak land code that are not in their favor but also contributed to by inconsistent court decisions. According to him, the court is also influenced by political power. Some shocking court decisions (the case of Nor anak Nyawai) are against the traditional/ custom/ historical practices and life practices of the Dayak community. Thousands of years before Brooke's arrival. The Dayak community lives without a constitution and they use customs and traditional practices as having legal authority. Brooke's arrival in 1841 to 1946- Brooke recognized Dayak land ownership with several orders/decrees and issued maps and title deeds. Even during the British administration in 1946, the British still recognized the ownership rights of the Dayaks over their NCR. It was only from 1948 that the British made it mandatory for each village to apply for a permit to cultivate land that is outside the ncr land. Therefore, because it is very strange when Sarawak is ruled by Sarawak's own people, the Dayak people's rights to the land are being eroded. The following steps need to be taken immediately to restore and maintain the Dayak's rights to their lands, rivers and forests.
1. Demand to revise the Sarawak Land Code and cancel the section that is not clear and that does not protect Dayak and Bumiputra rights. In particular, section 197 of the Sarawak Land Code.
2. Establish a royal inquiry committee to investigate, prosecute and return Dayak land rights that were unjustly confiscated.
3. Cancellation and revocation of licences, permits and PLs that overlap or are in ncr land areas.
4. Carry out land surveying for the Dayak people using the existing communal land boundary and issue land title deeds for villages and individuals. Instead of using sec 6 of the Sarawak Land Code.
5. Abolish the land survey using sec 6 of the Sarawak land code and the awarding of NTDs to villages. Currently NTD is given to villages that apply for land for village use. Around 500 hectares are given to each village and can appeal to the state government to get a maximum of 1000 hectares for each village. But in Baram the average NCR land of villages in Baram is 12,000 hectares. Imagine how much land of the villagers was confiscated by GPS with the implementation of NTD.
6. Return the Dayak lands that were seized through unfair trials and investigate the owners of PL, LICENSES and permits given by gps leaders to their cronies over the years.
----------------------------【FORUM：COMMUNITY VOICE】
Paul Raja, Lawyer Activist
From Grassroots to Justice: The Ongoing NCR Land Struggle
Paul Raja discussed the topic of Native Customary Rights (NCR) land, emphasizing its vast and complex nature as an ongoing struggle. He explained that NCR land rights are about ensuring land tenure security for indigenous communities. Simply put, tenure security means having rightful ownership recognized by the government, typically in the form of land titles, either leasehold or grant. However, he highlighted that their struggle goes beyond these legal documents.
Paul Raja noted that despite years of fighting for their rights, they are still at the grassroots level of their journey. Historically, they have lost most of their cases until 2001 when YB Baru Bian won a landmark case. From 2001 to December 2016, their roads and bridges collapsed, symbolizing the setbacks in their struggle. Therefore, they must return to the beginning and fight for their rights anew.
In their struggle, one crucial aspect Paul Raja fights for is the spiritual and cultural significance of the land. Regardless of their religious beliefs, all recognize the importance of their land. Their indigenous way of life is often misunderstood by the Western perspective. Long ago, God scattered them all over the world, designating specific areas for them to live and occupy. This divine mandate is their ownership, marked by natural boundaries.
Given that their land is a divine gift, Paul Raja emphasized that they must not be afraid of losing it. He asked them to imagine selling off a land given by God – it is a trust bestowed upon them. They are not just physical beings but also spiritual ones with religion and beliefs. Therefore, if they are not afraid of anyone else, they should at least fear God, who entrusted this land to them. They are the mandate holders and stakeholders, and no one else can take it from them.
Paul Raja pointed out that many people have forgotten what NCR means over the past 30 years, and there is still widespread ignorance about it. The question is, who decides their rights to the land given to them? This issue requires them to refer back to history.
Examining historical maps, Paul Raja illustrated four key areas: green, red, yellow, and white. The white area, known as the interior area land, is traditionally occupied by indigenous peoples and often unsurveyed. According to the laws, indigenous people have the power to claim ownership of these lands.
As Elia mentioned, Paul Raja highlighted that the government has suppressed them in obtaining identity and birth certificates. During the Brooke and colonial tenures, the government took a paternalistic approach, treating the people as children under its protection. The government introduced laws such as "pemakai menoa" to protect these lands and prevent companies from exploiting them for commercial purposes.
In conclusion, Paul Raja stressed that their struggle for NCR land rights and tenure security is deeply rooted in their spiritual, cultural, and historical context. They must continue to fight for their rightful ownership, recognized by the government, and protect the land entrusted to them by God.
----------------------------Laeng Kulay from Tering Association Miri
Enhancing Access to Citizenship for Remote Indigenous Communities
In 2015, Laeng Kulay was invited to a randau event organized by Suhakam. The method employed by the government at that time was very detrimental, as it required the indigenous people to come down with all documents and provide all written information. However, many family members were uneducated, leading to incomplete information. Therefore, it was suggested that JPN officers go to the interior areas, bring the forms, and assist in filling them out. Despite promises made since 2015 until 2024, there have been no outcomes.
Elia Bit from PENA responded to the issue raised by Laeng Kulay. She explained that in 2018, a special mobile unit from JPN went to the interior areas to register people, and there was an increase in this activity. However, once the special unit returned to the office, all the application documents for ICs were not processed and were left on the desk. This made Ms. Elia very frustrated because it was difficult to check for updates from JPN on all the applications they had made in the field. The phone line in Ms. Elia's area is also a problem, making it difficult for her to communicate with JPN. Therefore, she suggested appointing a special body for registration cases in Sarawak. This body should be independent of politics or any agencies to ensure transparency in the citizenship registration of indigenous people. In conclusion, there should be firm representatives from the indigenous people themselves to handle the issue of citizenship registration. Integrity among our own people is essential.