Isu Al-Kitab BELUM selesai.

In a lengthy 10-point statement, the Council of Churches of Malaysia (CCM) Youth did not mince its words in dismissing the 10-point solution offered by Minister in the Prime Minister's Department Idris Jala.

It said that the "quick-fix" proposal ignored the "the overt and covert manner which the government had discriminated against the Christian citizenry for close to 40 years".

The following is CCM Youth's press release expressing its views in response to the various statements issued by the Christian Federation of Malaysia (CFM), the National Evangelical Christian Fellowship (NECF), the 10-point solution as proposed by Minister in the Prime Minister's Department Idris Jala, and comments made in the media by the Home Minister Hishammuddin Hussein and various parties.


1. 10-point proposal only addressed the Al Kitab issue

The 10-Point Proposal presumed that Christians were only concerned with the Al Kitab issue. That premise is incorrect. The 10-Point Proposal distracted both the public and the church leaders from getting to the heart of the matter, that is, the concern over the overt and covert manner which the government had discriminated against the Christian citizenry for close to 40 years that had resulted in the gradual deterioration of basic rights of Christians to freely exercise their faith.


2. Restore full rights and full freedom enshrined in the federal constitution

CCM Youth denounced deplorable accusations that Christians were not being “fair” or “reasonable” in resolving the Al Kitab matter. CCM Youth disclosed that the Malaysian government had unreasonably and unjustly acted in bad faith since the early 1970s to-date against the Christian community. Among some examples were:

• Gradual erosion of the control of mission schools which included even the physical removal of words such as “Holy” and crosses from schools, even though the land, building and board of governors belonged to the church;
• Removing or disallowing “Christian Fellowships” from being recognised as societies in schools and universities;
• Harassing and transferring out Christian teachers found teaching Bible Knowledge, a legitimate examinable subject for the SPM;
• Gazetting the Al Kitab, the Bible in Bahasa Malaysia and Bahasa Indonesia, as a threat to national security under the Internal Security Act;
• Denying the use of the word 'Allah' for the Christian God, even though it had been used by indigenous groups way before independence, and being the only Muslim country in the world to do so despite wide Arab usage;
• Denying Christians land to operate churches or cemeteries.
And the list goes on.

CCM Youth was saddened that Christians today were openly abused, harassed and provoked in the media and encouraged by the government, with all sorts of erroneous information being placed on official government websites put up as decrees; linking activities from Valentine's Day to 'poco-poco' to crosses on football jerseys, to Christian beliefs without so much as a dialogue or a clarification with the Christian community.

So much so that even the Islamic government machinery, with nods from cabinet ministers, the Home Ministry and state governments, unashamedly encouraged over-zealous religious officers and Islamic-based NGOs, to propagate and sow seeds of hatred towards the Christian community.

CCM Youth was informed that recently a group of students went for an excursion to the Kuala Lumpur City Hall, and were denied entry just because their uniform had a cross. After so many years of racial-religious polarisation under the hands of government machinery, religious and racial bigotry is now blatantly practised and widely nurtured in government departments against Christians.

CCM Youth believed that the 10-Point Proposal was superfluous as Christian citizens were not asking for anything extra, but for their basic constitutional rights, enshrined in the Federal Constitution, to be respected and honoured.


3. Christians' birthright to read, speak and write in the national language

CCM Youth opined that it was ludicrous to deny Malaysian Christian citizens the right to use the country's national language for the purposes of exercising their faith. On the one hand, non-Malay citizens are often criticised for their purported lack of loyalty when they did not speak Bahasa Malaysia, but when they did, like in this case in order to read the Bible, which they had been doing for generations, they were denied that right.

CCM Youth reiterated that as citizens of this country, it was their God-given birthright, which “should not be given up, negotiated, traded away, nor 'sold for a bowl of pottage'”, being simply rushed into just because Christian leaders were offered a “quick-fix” solution to the immediate problems that were originally created by unjust parties.


4. The 10-point proposal does not carry the weight of law

CCM Youth decried attempts to create a 'band-aid' compromise solution that did not carry the weight of law. If the government were truly sincere, there would not be a need for a 10-Point Proposal.

Insofar as this matter was concerned, all the government needed to do was to instruct the Home Ministry to drop its appeal on the 'Allah' issue, which the Catholic Church won on Dec 31, 2009 when it took the case to the High Court. This action would immediately lead to the withdrawal of the Allah and the Al Kitab from any further restrictions in the country.

CCM Youth urged the government to uphold democratic principles and not play games by taking a round-about route that did not reflect their sincerity.


5. 10-point proposal sows disunity amongst Christians

The 10-Point Proposal served only to promote disunity amongst Christians, playing to the ruling government's 'divide-and-rule' tune. CCM Youth questioned how it could be plausible for a 1Malaysia, yet a 2Bible and 3Rule solution?

If at all, it only cemented CCM Youth's opinion that 1Malaysia had been nothing but political rhetoric. If Christian leaders had agreed to this proposal, the Orang Asal of Sabah and Sarawak would have one rule; while believers in the peninsula, including the Orang Asli, would have another rule.

Should Christians subject themselves to such confusion and be manipulated to accept such terms? Likewise, by agreeing to such terms now, would Christians then forfeit the right to resolve future outstanding matters beyond the Al Kitab issue?


6. No guarantee that pledges or assurances will be honoured

Time and time again, the Christian community have been given assurances but only to be disappointed later on. CCM Youth urged church leaders to be wise, for what had been dressed as compromise could turn out to be an entrapment – “Even the elect were deceived, if that were possible.”

CCM Youth pointed out that they were well aware that there were many obstacles ahead, and they understood the “card game was in the hands” of the government. Even if the federal government gave the impression of giving way, they could fall back on the state government machinery that would kick in and take that to another gear which involved harassing book stores, printers, forwarding agents, schools and so on, located in affected states.


7. The tipping point - today's decision will impact future generations

CCM Youth urged church leaders to take their time and not to be in a hurry. It was imperative that they did not fail future generations, or act in a manner that could adversely undermine or enslave future generations from practising their faith freely.

CCM Youth urged church leaders to remain faithful and to take as much time as they needed to ponder and to ask pertinent questions without compromising the faith. Otherwise, future generations would return to remind past generations of leaders of "compromises" made today, or that the church leaders held silent when they could have spoken up, having restrained themselves from pursuing justice when they had the opportunity to do so.

CCM Youth urged church leaders not to worry about having to come to a decision by the CFM's Biennial General Meeting on April 14, 2011, but to take ample time to pray and seek the Lord before coming to a decision.

CCM Youth reminded church leaders that even the youths today were still learning the full extent of the rights that had been eroded to-date as events unfolded, and CCM Youth would endeavour to support church leaders to their best of abilities to recover that which was lost, and hand over full freedom to future generations as their legacy.


8. Are we speaking to the right party with the authority?

With due respect to Senator Idris Jala, CCM Youth raised concerns that there were no assurances that he had the full weight of the cabinet behind him in this regard, given the underlying tones and lack of media support from cabinet ministers. Even the prime minister himself had been strangely silent.

From remarks given by the home minister and various “shadow gatekeepers”, there had been no assurance that the relevant ministries would honour any form of agreement. What remained consistent so far had been the consistency of the government's inconsistencies. The danger of flip-flops was not a probability, but a given.

CCM Youth believed that this rush to force a solution was inadvertently linked to the outcome of the Sarawak elections and the potential impact from its Christian majority population. CCM Youth observed that it was this careless 'short-term opportunistic' attitude of the government for political expediency that had made them wary of such overtures and advised church leaders to exercise greater caution under such circumstances.

If the government were sincere in addressing the grievances of the Christian community, CCM Youth believed that nothing less than the coming together of a task force from the Prime Minister's Department, the Home Ministry, the attorney-general, the Education Ministry and all state governments and Islamic departments had to take place.


9. Sorry seems to be the hardest word

CCM Youth pointed out that it was Idris Jala (centre) who apologised. So far, no official statement of apology had been offered by any ministry, especially none was forthcoming from the home minister, the main protagonist who directed the stamping of the Bibles.

The public ought to know that this entire episode of the desecration of the Christian's Holy Scriptures happened during the holy month of Lent which precedes and commemorates the Lord Jesus Christ's crucifixion and celebrates His resurrection.

If an opportunity presented itself for reconciliation and restoration to properly right the grave wrong committed, CCM Youth would certainly offer forgiveness. Obviously, the situation had yet to present itself.


10. Christian cabinet ministers must take leadership

CCM Youth noted that except for Idris Jala, many Christian cabinet ministers have kept silent. One cabinet minister even called Christians foolish for holding prayer rallies. CCM Youth challenged cabinet ministers to be faithful and to choose today whom they served - whether God or man.

CCM Youth reiterated that they were not being unreasonable, audaciously demanding or stirring trouble. CCM Youth regretted that for a long time, the church had remained silent, having compromised when it should not have.

In good faith, church leaders had been drawn into endless unproductive closed-door meetings, given verbal promises and handshake agreements that never materialized.

Unfortunately for the church, Christian goodwill had not been reciprocated, and closed door agreements never honoured. The recent desecration of the Al Kitab was the last straw.

CCM Youth called upon all Christians today to rally firmly behind their Christian leaders as they worked towards a resolution for the community. CCM Youth urged the Christian community to uphold their leaders in prayer more fervently.

CCM Youth reiterated that they remained committed to nation-building and bringing about justice, peace and reconciliation for all Malaysians and migrants, and would stop at nothing to bring about change for the betterment of all peoples regardless of creed, race or religion, through proclaiming truth and bringing about justice and transformation to the nation.

More...

30th March 2011

KENYATAAN AKHBAR PERSEKUTUAN KRISTIAN MALAYSIA

PROTECT AND DEFEND CHRISTIANS' RIGHT TO USE THE ALKITAB

We are grateful to Almighty God for bringing together Christian leaders from across churches in Semenanjung, Sabah and Sarawak to address the current controversy surrounding the impounding of Bahasa Malaysia Bibles, the Alkitab, at Port Klang and Kuching. This decision weighs heavily on us because of the implications not only for Christians but for all Malaysians.

We are united in our reaffirmation of the freedom of religion and worship. Therefore, our position is that there should be no restrictions, proscriptions or prohibitions whatsoever on the Bible or the use of the language of our choice in the practice of our religion, as it was in the days before and after the formation of Malaysia.

Christians, like any other Malaysians, are not demanding for anything beyond our constitutional and fundamental human rights as enshrined in Article 11(1) of the Federal Constitution and Article 18 of the Universal Declaration of Human Rights.

The current controversy surrounding the Alkitab is just one of many issues that concerns Christians. There has been a systematic and progressive pushing back of the public space to practice, to profess and to express our faith. For example, the wearing and displaying of crosses and other religious symbols, using religious words and constructing places of worship have been restricted.

When Christians express this concern, we do so not just for ourselves but on behalf of all Malaysians. Our faith forms a critical component of our identity as Malaysians in nation-building as enshrined in the first pillar of our nation's Rukunegara: Belief in God.

As regards the offer made by the government on 22 March 2011, we respectfully state that this does not address the substantive issues. In point of fact, our previous offer made in 2005 to use the term "A Christian Publication" was only honoured in respect of one shipment of the Alkitab. Subsequent shipments were similarly held up and subjected to further arbitrary conditions for release.

In order to move forward, we call on the Government to commit itself once and for all to remove every impediment, whether legal or administrative, to the importation, publication, distribution and use of the Alkitab and indeed to protect and defend our right to use the Alkitab.

This includes revoking all orders made under the Internal Security Act 1960, which have declared the Alkitab as a threat to national security. Neither can the Alkitab be considered a threat to public order under the Printing Presses and Publications Act 1984. We categorically reject the characterisation of our Holy Scriptures in this manner.

Instead, we see our Holy Scriptures as providing enlightenment and direction. In the words of the psalmist, "Your word is a lamp to my feet and a light for my path." (Psalm 119 : 105). In the New Testament is stated the teaching that we hold dear and true : "All Scripture is God-breathed and is useful for teaching, rebuking, correcting and training in righteousness, so that the man of God may be thoroughly equipped for every good work." (II Timothy 3 : 16)

We remain committed to work with the Government for a viable and long-term solution where the detailed processes and procedures are made clear and unequivocal and so long as our fundamental liberties as enshrined in the Federal Constitution are not infringed.

As for the copies of the Alkitab that have been impounded and desecrated, we reiterate our position that the action of the Ministry of Home Affairs (KDN) in stamping the Bibles amounts to an act of defacement, disrespect and treating with disdain the holy book of the Christians.

Given the unfortunate experience of KDN's tendency of taking arbitrary action without consulting affected parties or respecting the religious sensitivities of the Christian community, any decision to collect copies of the Alkitab which have been stamped and serialised would be with a view to prevent the possibility of further arbitrary acts of desecration, disrespect or destruction being committed against the Holy Scripture of the Christians by KDN and its officers.

We have left it to the 2 importers to decide whether or not to collect the Alkitab, based on their different specific circumstances and level of trust in the authorities and the processes in their local context.

Nevertheless, no matter what their decision is, we remain united in our common stand to uphold the principle of freedom of religion which includes the free availability without hindrance or obstacle of the Alkitab and all sacred scriptures in Malaysia.

We continue to call on all peace-loving Malaysians to pray for a dignified resolution to these critical issues in the life of our nation.

Dated this day 30th March 2011

Bishop Ng Moon Hing
Chairman and the Executive Committee
The Christian Federation of Malaysia



7th April 2011

KENYATAAN AKHBAR PERSEKUTUAN KRISTIAN MALAYSIA

A call for patience and careful consideration

The statements of regret and appeals for forgiveness expressed by the Government of Malaysia with respect to the impounding and stamping of the Bahasa Malaysia Bible, the Alkitab, resonate deep within the Christian Federation of Malaysia (CFM).

As a body that brings together a wide cross-section of the Christian community in Malaysia, we know about the sinfulness of man and have experienced the forgiveness of God. As such, we receive these expressions with all the sincerity with which they are offered.

We believe the Government's proposals represent a basis for further dialogue and engagement towards a viable long-term and comprehensive solution.

As such, CFM feels that this process ought not to be hurried. Its constituent bodies are currently undertaking their own internal consultations prior to responding collectively to the 10-point resolution proposed by the Government.

We call for patience and perseverance, and continued prayer and quiet reflection, as we allow the Holy Spirit to guide us in our deliberations.

Yours sincerely,
Bishop Ng Moon Hing
Chairman and the Executive Committee,
Christian Federation of Malaysia

By B. Nanthan Kumar and G Vinod, Free Malaysia Today

KUALA LUMPUR : A pro-Pakatan Rakyat blogger has accused Sarawak Chief Minister Abdul Taib Mahmud and his family of owning 357,980 hectares of land in Sarawak or nearly 3.5% of the total land in the state.

Kelantan-based blog named Perisik Rakyat (People’s Spy) in his latest posting alleged that Taib, in his 30-year rule of the state, had amassed the landbank in the state which has over 12.4 million hectares of land.

The blog, which does not reveal the name of the blogger, claimed that Abu Bekir Taib, one of Taib’s sons, was the biggest “landlord” in state with ownership of 142,550ha in almost every part of the huge state which is as big as Peninsular Malaysia.

The blog claimed that Abu Bekir owned 70,000ha in Sri Aman, 4,400ha in Lawas, 20,000ha in Limbang, 500ha in Miri, 5,000ha in Sungai Teru and Batang Baram, 26,100ha in Sungai Karap, 4,000ha in Tinjar, 4,500ha in Sungai Tutoh, 4,000ha in Mukah and 9,000ha in Sungai Machan Tengah.

The blog also accused Taib’s family – Hamid Sepawi (cousin), Hasmi Hasnan, Teresa Toyad (relations), Raziah Mahmud (sister), Ibarhim Mahmud (brother), Elia Geneid (nephew), Robert Geneid (brother-in-law), Arip Mahmud (brother), Yahya Ibrahim (nephew), Mahmud Ibrahim (nephew), Azerina Mohd Arip (sister-in-law) and Fatimah Abdul Rahman (cousin) – of holding the massive landbank on behalf of Taib, also known as the White Rajah of Sarawak due to his white hair.

The blog also named several people which it claimed to be Taib’s close associates or cronies who owned land on behalf of him. They were, alleges the blog, Naroden Majais (a BN politician), Mohamid Morshidi Abdul Ghani (Sarawak BN secretary), Ahmad Su’ut (a traditional healer), Abdul Hamid Sepawi (a proxy) and Lau Hie Ping, Wong Kuo Hea, Lim Choo Tad, Siew Meng Kun, Chai Min Kian – all from the Sarawak United People’s Party (SUPP), a BN Sarawak coalition member.

‘Taib must be brought to justice’

The blog claims that among the land “hijacked” by Taib and his family were 31,000ha of NCR land in Long Lama through Merawa Sdn Bhd (a subsidiary of Samling Global), 15,000ha of NCR land in the Penan Ba Jawi via Samling Plywood (Miri) Sdn Bhd,13,000ha in the Bawan River Basin and 15,000ha in Bruit island.

FMT spoke to a real estate agent based in Kuala Lumpur but familiar with the property and land markets in Sarawak, who expressed shock over the claim.

READ MORE HERE.

Najib has no choice but to take ‘charge’ in Sarawak

Joe Fernandez | April 12, 2011

The prime minister's decision to take up temporary residence in Sarawak is an unprecedented move by any prime minister for a state election.

COMMENT

The cynics are at it again following Prime Minister Najib Tun Razak’s decision to park himself from Sunday in Sarawak for six days. De facto PKR chief Anwar Ibrahim, for one, even thinks that Najib’s presence might indicate an imminent implosion of sorts within the ruling state Barisan Nasional (BN).

Anwar appears to be in seventh heaven over Najib’s presence but the recalcitrant leader may yet have cause for regrets. It has been tough going for PKR in the 24 seats where it’s taking on both the BN and the Sarawak National Party (SNAP) which is banking on sentiments.

Voters are likely to choose between BN and SNAP, ignoring the Peninsular Malaysia-based PKR. The ultra-conservative longhouse Ibans in particular, it’s said, would never vote for an outside party.

The BN, meanwhile, has been too busy to gloat over PKR’s obvious difficulties on the ground in Iban country.

Speculation is rife that many BN members are unhappy with more than half the 20 new faces fielded by the coalition. They are even more unhappy that quite a number of old guards have been retained this time despite earlier assurances that they would be dropped. There are no indications either, except in the case of Sarawak Chief Minister Abdul Taib Mahmud, whether this would be their last hurrah.

It’s not known whether these factors could be behind the record number of 41 independents entering the fray this time. Less than a quarter of these independents are linked to the opposition.

How such dissatisfaction would translate into votes on election day on Saturday, remains to be seen. The presence of BN-friendly independents in the fray can only favour the opposition especially since the ruling coalition has “disowned” them.

Already, Parti Rakyat Sarawak (PRS) is suspicious that independent George Anak Lagong might have been fielded in Pelagus by the incumbent Larry Sng, reportedly the former’s “nephew”. The independent’s entry has not gone down well with PRS president James Masing who bluntly refused to re-admit Sng despite earnest pleas by Taib on behalf of the son and son-in-law of two of his cronies.

Temporary residence

Privately, an infuriated Masing has been reported as telling party insiders that he “has to keep looking over his shoulder all the time, lest someone stabs him in the back”. <<--read more-->>

Publicly, he demonstrates his loyalty to Taib based on the principle of collective responsibility and “a person – meaning Taib – is innocent until proven guilty”. Taib or rather his legendary absolute power has quickly become the main issue in this election and forced Najib to repeat that “he (Taib) will step down after the polls”.

In any case, it must be conceded that Najib’s decision to take up temporary residence in Sarawak is an unprecedented move by any prime minister for a state election. He appears to promote the line that it smacks of either overkill on his part or preferring to err on the side of caution. Sarawak polls have traditionally been a local affair even with the advent of Peninsular Malaysia-based political parties.

The Umno leader, in any case, had to step in and take charge when it became obvious that Taib, who will be 75 this year, doesn’t seem to have the stamina to maintain a punishing election campaign schedule. The fact that he would have to step down after the elections could be one reason for his apparent lack of enthusiasm although he has denied being under pressure to work out his exit strategy. In a contradiction in terms, during one ceramah in his Balingian seat on April 5, he pleaded to be allowed to complete his work before letting go of his position.

Taib’s health militates against any long goodbyes. The white-haired kleptocrat visibly appears to have some problems in controlling his facial muscles even when he’s not speaking. He twitches noticeably around the mouth in an endless chewing motion even when he’s not speaking or having nothing in his mouth. The unsuspecting might think that he has taken up chewing sireh. This case of the nerves going haywire is not unusual in the very old but an acute embarrassment when it comes to one during speaking engagements.

Taib’s low-key contribution to the BN ceramah will not see Najib making up for the slack. In his own words, he pointed out last Sunday that Sarawak is a huge place and that it would not be possible for him to cover all 71 state constituencies in less than a week.

Besides, the indications are that most voters have already made up their minds, ceramah or no ceramah.

Hence, Najib’s natural impulse has been to fall back on his own “formula” when it comes to elections. He’s given more to appealing directly to the people: “Let’s make a deal. You do something for me and I will do something for you. You help me and I will help you.” Although this formula failed in Sibu during a parliamentary by-election there last year, Najib is heartened that it has worked elsewhere especially during the recent spate of by-elections which BN won in Peninsular Malaysia, Batang Ai (Sarawak) and Batu Sapi (Sabah).

The more discerning among the voters, as in Sibu, might describe the Najib formula as a brazen attempt to bribe them with their own money. The Taib government, being in a caretaker capacity, indeed has no business to make public pronouncements via Najib on allocations for development projects. It can be likened to a form of corruption and electoral fraud which automatically nullifies any result. Najib’s fig leaf of an excuse that “the business of government cannot stop even during elections” does not hold any water.

Real issue

Najib probably thinks that he has no choice since Sarawak, along with neighbouring Sabah, is his electoral “fixed deposit” states. Also noteworthy is the fact that PBB has been the local proxy since 1970 for Umno based on its ketuanan Melayu (Malay supremacy and dominance) mindset.

Besides, if the elections were held today, the BN would lose its coveted two-thirds majority, without factoring in the role of BN-friendly independents. There’s no telling which way the mood will swing in the hours leading up to D-day. This could have been another factor sending Najib in a hurry to Sarawak.

The consensus of most estimates, and as Najib has acknowledged, is that the Sarawak United People’s Party (SUPP) is in danger of losing its 15 “Chinese” seats to the DAP.

Elsewhere, it’s expected that the Sarawak Progressive Democratic Party (SPDP) would lose Ba’Kalelan to Sarawak PKR chief Baru Bian and Pakan to SNAP. SPDP president William Ikom is the incumbent in the latter of these two Dayak seats. Ikom, defending Pakan for the seventh time, has allegedly mortgaged his party to a Chinese towkay who appears to call the shots.

The opposition is confident that it can take three Malay seats from Pesaka Bumiputera Bersatu (PBB), that is, Nangka and Pantai Dalam to PKR and Beting Maro to PAS.

SNAP senses victory in four PBB seats, namely Bukit Saban, Machan, Lambir and Kedup.

Total opposition wins in that case would be 25 seats: DAP (15); SNAP (five); PKR (three); Pas (one); and BN-friendly independent (Pelagus) one. The BN would have lost its two-thirds majority.

The going could get even better for the opposition but not more than 38 seats at an absolute maximum. This would mean SUPP losing its remaining four seats; Pesaka losing its remaining five seats; and PBB losing two Melanau seats and a further two Malay seats.

The possibility of the opposition forming the next state government does not exist if SNAP plays hardball after April 16.

The real issue in this election is not whether BN would lose it two-thirds majority; whether, as speculated by PKR, that SNAP would re-join the BN; or whether the opposition would form the state government.

The real issue is whether Dayak politics would finally be free of the control of Umno’s ketuanan Melayu mindset and that of PBB, its local proxy. That would mean the virtual destruction of PBB, the DAP putting on a strong showing and PKR/PAS pulling away a few Muslim seats from PBB.

Again, that’s yet another reason for Najib to park himself in Sarawak until April 16

Sayang Sarawak: Kewajaran Untuk Berubah?

post info

Dari Merdeka Review

Apakah benar “angin perubahan” yang dikatakan sedang bertiup di Bumi Kenyalang ini bakal menyaksikan satu perubahan mentaliti rakyat Sarawak? Setidak-tidaknya mampu menafikan majoriti 2/3 BN yang telah menguasai negeri itu sejak sekian lamanya. Lantas, PRN Sarawak ini dilihat bakal mengundang pelbagai spekulasi dan ada pendapat bahawa PRN kali ini merupakan PRN paling sukar dan paling mencabar buat BN. Dari satu sudut yang lain, Pakatan Rakyat pula dilihat begitu ghairah untuk mengambil alih pentadbiran di Sarawak walaupun sejak awal-awal lagi berlaku perebutan kerusi kurang sihat di antara PKR dan SNAP.

Merujuk kepada siapa yang akan kalah dan menang dalam PRN Sarawak pada kali ini, kita boleh mengandaikannya kepada empat kemungkinan utama. Pertama, BN berjaya mempertahankan majoriti dengan selesa. Kedua, BN hilang majoriti 2/3 tetapi masih membentuk kerajaan. Ketiganya, Pakatan Rakyat berjaya merampas Sarawak dari BN dan keempat, wujudnya kerajaan campuran di Sarawak. Daripada empat kemungkinan yang dikemukakan di sini, salah satu di antaranya adalah pasti.

Berdasarkan penelitian yang dilakukan, kejayaan BN mempertahankan kerusi di Kerdau dan Merlimau sama sekali tidak boleh dijadikan kayu ukur di PRN Sarawak. Ini kerana situasi politik, budaya, agama dan geografi di Sarawak jauh sekali berbeza. Walaupun sebelum ini Sarawak merupakan kawasan “core” yang memberi laluan mudah kemenangan untuk BN, kini, landskap politik telah mula berubah, perubahan pertama dilihat berlaku semasa Pilihanraya Kecil di Sibu lepas yang menyaksikan kemenangan calon dari DAP.

Apakah yang membuatkan PRN Sawarak pada kali ini dilihat panas sehingga BN dikatakan dalam keadaan cemas manakala PR begitu ghairah dalam kempen-kempen mereka? Apakah para pengundi di Sarawak melihat ada kewajaran untuk menukar kerajaan baharu di Sarawak? Tentu ada isu besar yang mencuri tumpuan.

Taib Mahmud: Dilema tanah adat dan kebangkitan Dayak

Sebelum itu, benarkan saya untuk memetik tulisan Mior Kamarul Shahid di dalam bahagian Rencana, Berita Minggu 10 April 2011 muka 26 bertajuk Persoalan Siapa Akan Menang. Antara lain beliau menulis, “Isu Taib tidak sepatutnya timbul jika pembangkang melihat cermin mengenai status dan latar belakang barisan kepemimpinan mereka sendiri. Mengapa tempoh perkhidmatan Taib selama 30 tahun dipertikaikan sedangkan ia tidak berbeza dengan beberapa pemimpin pembangkang..”

Ini soal penting. Anda juga mungkin bersetuju dengan pendapat saya. Kita harus faham dan tahu apakah yang sedang berlaku di dalam negeri ini. Penulis Mior Kamarul Shahid mungkin tersilap pandang. Tentu sekali, isu umur bukanlah halangan untuk seseorang itu berkhidmat. Apa yang harus diberi penekanan adalah sejauh mana usia pemerintahan itu diisi dengan pemerintahan yang baik. Secara umum, pemerintahan yang baik adalah pemerintahan yang menekankan prinsip-prinsip keadilan dalam pelaksanaan dasar mahupun undang-undang.

Persoalannya, apakah Taib telah memerintah Sarawak dengan baik? Pasti soalan ini akan mengundang pelbagai reaksi. Sama ada pro maupun kontra, itu tidak penting. Perkara yang harus diberi penekanan sekarang adalah fakta dan realiti yang sedang dan telahpun berlaku.

Sejak sekian lamanya penduduk Bumiputera Sarawak terutama dari suku Dayak yang mewakili kira-kira hampir 50% penduduk negeri ini dibelenggu dengan masalah Tanah Adat (NCR). Sehingga kini masalah tanah adat mencatatkan lebih dari 200 kes dan paling menggusarkan, ia mencatatkan peningkatan saban tahun. Walaupun isu ini telah lama wujud, persoalannya, mengapa kerajaan negeri di bawah pentadbiran Taib tidak begitu mengendahkannya.

Selain di atas nama pembangunan, mungkinkah jawapan di sebalik masalah Tanah Adat ini berada di balik isu pembalakan haram yang berleluasa. Isu pembalakan haram juga bukanlah sesuatu yang baru. Malah, dalang di sebalik syarikat-syarikat pembalakan ini juga dikaitkan dengan keluarga dan teman-teman Ketua Menteri Sarawak ini.

Isu pembalakan haram ini pula telah menyebabkan timbulnya isu-isu lain terutamanya yang melibatkan alam sekitar dan ancaman besar kepada penempatan masyarakat Dayak yang menjadikan hutan sebagai ruang penempatan dan sumber makanan. Begitu juga, ia telah mengancam populasi flora dan fauna yang telah hidup sejak lebih 130 juta tahun lampau. Kita juga telah digemparkan bagaimana samseng-samseng yang mewakili syarikat balak telah mencederakan Minggat Anak Nyakin dan anak lelakinya Juan Anak Minggat baru-baru ini berikutan bantahan mereka terhadap pencerobohan. Begitu juga dengan aduan ugutan yang dilakukan mereka terhadap penduduk kampung.

Isu Tanah Adat ini sebenarnya menyedarkan masyarakat kepada gesaan-gesaan agar diselesaikan segera. Kita juga harus mengetahui bahawa isu pencerobohan Tanah Adat ini selain melibatkan masalah pembalakan haram dan alam sekitar; ia telah membuka mata rakyat kepada persoalan-persoalan lain seperti mengapakah kerajaan negeri seolah membiarkan pencerobohan ini terus berleluasa?

Dalam isu Tanah Adat ini rakyat terus bertanya. Di manakah pihak-pihak berwajib dalam menguatkuasakan undang-undang? Di manakah peranan pihak Polis dalam menangani jenayah yang dilakukan oleh samseng-samseng pembalak ini? Apakah ada perlindungan diberikan kepada penduduk kampung yang diancam pencerobohan dan ugutan? Apakah ada campur tangan politik dalam isu pencerobohan tanah adat ini? Jelas, isu Tanah Adat ini benar-benar telah pun menjadi duri dalam daging pentadbiran Taib Mahmud.

Negeri kaya rakyat miskin

Tidak dapat dinafikan dalam tempoh 30 tahun memegang tampuk kuasa pemerintahan di Sarawak, kerajaan negeri di bawah Taib Mahmud telah berjaya membawa pembangunan dan pembaharuan. Kita juga sering dimaklumkan bahawa kerajaan telah memperuntukkan berbilion ringgit dari tahun ke tahun untuk projek pembangunan negeri dan sebagainya. Kita semestinya bersetuju. Malah pada tahun ini Sarawak memperuntukkan RM4.974 billion dalam belanjawannya. Sejumlah RM3.63 billion yang mewakili 73% daripadanya diperuntukkan untuk pembangunan manakala selebihnya RM1.344 billion untuk tujuan mengurus.

Pada masa yang sama, kita juga harus faham bahawa apa jua peruntukan itu adalah tanggungjawab siapapun yang menjadi kerajaan yakni menguruskan hasil mahsul negeri dan cukai-cukai yang diterima dari rakyat sendiri. Soalnya sekarang; bagaimana sejumlah peruntukan itu diagihkan dalam ertikata lain bagaimana wang hasil negeri diurus belanjakan? Apakah ianya dalam nisbah yang wajar atau sebaliknya?

Persoalan sebegini timbul kerana rakyat semakin celik. Lihat sahaja statistik pada tahun 2009, bagaimana sejumlah besar 70% penduduk rumah panjang masih belum menikmati bekalan air bersih, pada masa yang sama dibelenggu dengan masalah jalan raya dan elektrik yang serius walhal pendapatan negeri Sarawak ketika itu yang mencatatkan hampir RM3.726 bilion.

Walaupun kerajaan negeri tidak mengabaikan peruntukan kepada pembangunan luar bandar dalam program membasmi kemiskinan, mengapa masyarakat di luar bandar masih diselubungi kemunduran dan kemiskinan? Paling malang, isu ini telah menyelubungi rakyat Sarawak sejak puluhan tahun lamanya. Apakah fakta-fakta ini membenarkan bahawa telah berlakunya ketirisan dalam pelaksanaan program yang berkaitan. Isu ketirisan ini pula telah membawa kita kepada persoalan lain (persoalan dan terus persoalan!) iaitu apakah pentadbiran BN di Sarawak mengutamakan urus tadbir yang baik? Sekiranya baik, mengapa ketirisan berlaku?

Harapan Menggunung Bumi Kenyalang

Setelah kita ketahui sedikit sebanyak perkara melibatkan masalah-masalah utama di Sarawak, kita mungkin tertanya-tanya adakah pengundi di Sarawak untuk kali ini berani dan bersedia melakukan perubahan? Dan sekiranya ya, apakah perubahan ini bakal menjadikan Sarawak lebih maju dan baik?

Kempen pilihanraya pada kali ini benar-benar panas. BN menjanjikan pembangunan berterusan, PR pula memusatkan kempen kepada isu-isu integriti dan urus tadbir yang baik. Pada masa yang sama PR turut berjanji untuk menyelesaikan masalah-masalah domestik yang sedia ada.

Perihal apakah rakyat di Bumi Kenyalang ini bakal membuat kejutan masih tetap samar. Pelbagai kemungkinan boleh berlaku. Walau bagaimanapun, kita telah mengetahui betapa isu batang tubuh Taib Mahmud sahaja telah berjaya menarik perhatian rakyat untuk memperkatakan mengenainya. Malah telah wujud sentimen “anti-taib” yang tidak hanya berlaku kepada penyokong PR malah ia turut melibatkan sejumlah pengundi yang dilihat pro-BN sebelum ini.

Buktinya, lihatlah bagaimana ceramah Pakatan Rakyat mendapat sambutan luar biasa di kalangan masyarakat setempat. Fenomena ini sedang berlaku di mana-mana dan semestinya hal ini menggusarkan kepimpinan BN. Apa yang lebih menarik, PAS yang selama ini dipandang sepi di Sarawak mula mendapat tempat terutama di kalangan orang muda. Lebih-lebih lagi apabila PAS meletakkan calon-calon mereka dari kalangan golongan profesional dan wanita. Malah, hampir di mana-mana sekalipun, sambutan terhadap calon dan kempen Pakatan Rakyat mendapat respon positif. Berbeza dengan pilihanraya sebelum ini.

Mungkin, perkara ini boleh dijadikan kayu ukur dalam menilai kepekaan rakyat-para pengundi dalam mereka menilai sesuatu isu. Kehadiran sejumlah besar audien di majlis anjuran PR menjelaskan beberapa kondisi. Pertama, rakyat mahukan informasi alternatif. Kedua, pengundi di Sarawak telah berani menyatakan pendirian mereka. Secara peribadi saya seolah merasakan seperti wujud sebuah “tenaga” tertentu yang bakal mencipta sejarahnya tersendiri.

Paling penting adalah mulakan langkah pertama: ketahui sebab untuk berubah dan lakukannya. Lihatlah bagaimana keberkesanan pentadbiran Pakatan Rakyat di Selangor, Pulau Pinang dan Kedah. Good governance sebagai paksi utama dalam memastikan pentadbiran kerajaan berintegriti dan berkesan.

Apakah angin perubahan yang sedang bertiup di Sarawak ini mempunyai momentum yang sama sepertimana PRU 2008 yang telah kita lalui? Sesuatu yang hebat mungkin akan berlaku. Kita mengharapkan perubahan berlaku dalam ruang demokrasi yang adil dan telus demi masadepan kita semua: meniti hari-hari gemilang sebagai sebuah bangsa Malaysia yang demokratik dan progresif. Buat Taib dan BN, apakah masih ada jalan untuk membersihkan nama dan mempertahankan kuasanya?

*Hafiz Zainuddin ialah penulis bebas.

RM1 Billion Annual Allocation For The Dayak Endowment Fund

11 April 2011

KUCHING: Penang chief Minister Lim Guan Eng called on the state government to stop then exploitation and oppression of the Dayak community.

“For too long they have been taken advantage of by a government that has robbed them of their rights and left them with nothing.

“The exploitation and oppression of the Dayak community must end,” he said in a statement before returning to Penang.

Lim who is also DAP Secretary General has been in the State to help campaign for the Pakatan Rakyat candidates.

“Now, with polling day for the Sarawak Election being less than a week away, it is opportune for the Dayak community to rise up to challenge the corrupt Barisan Nasional government.

“The state of Sarawak belongs to the people of Sarawak and Pakatan Rakyat vows to return the riches of the land to the people.

“We will provide an annual RM1 billion allocation to establish the Dayak Endowment Fund, in order to provide much-needed infrastructure and basic amenities like roads, water and electricity to the Dayak and other communities.

“They must enjoy direct access wherever they may be in Sarawak so that they can have a higher quality of life and bring them back to the economic mainstream.

“It is ridiculous that roads leading to the interior such as from Kuching to Sri Aman or Sibu to Bintangor and Sarikei are so badly built. When we travel by car, we feel we are travelling by sampan on a river with all the swaying back and forth and swinging from left to right throughout our journey.

“In this modern day and age it is totally unacceptable that there is no electricity and yet the Federal or state government can give computers as an empty show and pretence that they care,” he said.

Lim said: “This Dayak Endowment Fund is on top of the RM1 billion Poverty Eradication Fund aimed at eradicating hardcore poverty in the state.

“The Dayaks are other native groups, who make up the largest percentage of the population of Sarawak, are unfortunately also among the poorest,” he said, pointing out that Sarawak is a rich state, if not the richest in Malaysia in terms of natural resources.

“Therefore, to fund the two programmes, Pakatan Rakyat will demand that Sarawak receives 20% oil royalty instead of the 5% it currently receives from the Federal Government.

“Even without the increase in royalties to 20%, the Sarawak state government can afford this RM1 billion annual allocation for the Dayak Endowment Fund by cutting down on corruption.

“The land of Sarawak belongs to the people of Sarawak, and therefore only ordinary Sarawakians should be allowed to acquire them.

“Currently, political and public positions are abused in order to gain valuable land across the state while ordinary Sarawakians find it difficult to obtain land.

“In a Pakatan Rakyat Government as practiced in Penang, anyone holding elected posts or appointed public posts such as local councillors will be barred from applying for land. This is to prevent abuse of power by those entrusted to protect the people’s rights. In other words, land will only be given to ordinary Sarawakians,” he said.

He said that Sarawak is a land that has everything, yet the vast majority of its people have nothing.

“Therefore, we call upon all Sarawakians, especially the Dayak community which has long been marginalised, to stand up and claim what is rightfully theirs.

“The plentiful resources of Sarawak must be returned to its rightful owners, the people of Sarawak,” he added.

Sarawakians: What more should they ask for?

Written by Rama Ramanathan

My brother and I were on a jambu tree. We were munching on the crunchy red fruit. Life was good. Sweet juice was running down our chins, cheeks and hands. We thought we had chosen our positions carefully. We thought we would not be food for red ants. We were wrong. Soon we were smacking the ants. First the ones on our bodies. Then the ones on the branches. Next we jumped off. We ran away. We ranted.

That scene from my childhood came to mind when I saw a video about Rumah Nyawin, a 12 door longhouse near Bintulu, with 120 residents.

On 04 January 2007, hundreds of uniformed officers from the Land and Survey (L & S) Department and tens of policemen arrived. Bulldozers and chainsaws were deployed.

The longhouse was demolished. The residents were weeping. Some, just made homeless, gathered to pray. Rubble remained. Soon they were living in tents.

The presentation was designed to grab the emotions. I wept.

I stewed in my anger for a week. Then, I did some research.

On 04 October 2006, the Government of Sarawak issued a 30-day eviction notice to the residents of the longhouse. The basis was that the land belonged to the state, and the state had given the land to MARDI (Malaysia Agriculture Research Institute).

The tuai rumah or headman was 49 year old Nyawin Ganing. After the demolition and eviction, Nyawin accepted the help of Borneo Project, Sarawak Dayak Iban Association (SADIA) and other non-government groups to organize against the eviction.

Nyawin instructed the law firm of Baru Bian to apply to the High Court to set aside the eviction order.

30 days later, the expected demolition and eviction did not occur.

When queried, the Bintulu L & S Department said a decision would be made by their superiors in Kuching. Their verbal response was that a court decision would be sought.

Since the courts were notorious for delays, especially in land matters, the residents took this to mean that no action was expected for years. They were relieved.

It didn't happen in November. It didn't happen in December. It happened in January. According to the residents, it began without notice, at 8 am, on 04 January 2007.

Before the demolition and eviction the L & S Department and MARDI attempted to negotiate a settlement with the residents, through the headman, Nyawin.

Some say each “door” of the longhouse was offered five acres of land in return for surrender, but either the headman or “a minority” in the longhouse had refused.

So matters came to a head. In two hours, the 20 year old longhouse was demolished.

The residents sheltered under tarpaulin during heavy rains.

They lived off charity. Their land, their livelihood, had been taken away from them.

In April 2009, the NST carried a report which mentioned the Rumah Nyawin demolition and eviction two years earlier.

Nyawin Ganing was featured, campaigning for Malcolm Mussim Lamoh, a BN candidate.

Nyawin was speaking to residents of a “new longhouse,” to indigenous people who had been relocated in order to make way for the Batang Ai Hydro-electric Dam.

Nyawin said that after the demolition and eviction, he was asked to meet the Chief Minister of Sarawak, Taib Mahmud, because “He wanted to hear my people's grievances.”

The article did not report the interval between the demolition/eviction and the meeting.

Nyawin left happy two days later because the outcome was that “we were given a 2.5 hectare piece of land to rebuild our longhouse and 240 hectares of land for farming.”

Nyawin said the New Rumah Nyawin is situated 24 kilometres from the original site, has 16 doors and a tarred road leading up to it.

Nyawin asked: “What more can we ask for?”

Had my emotions been messed with? Should the video have included at least some mention of what eventually happened?

I know about attention spans; saying everything needs space and time. I know stuff is produced for an immediate purpose, and is not updated for lack of time or urgency.

The facts of the case raise many questions, not the least of which are:

1. When there is political will to “bring development,” how do you acquire land?

2. Who owns the land in Sarawak? On what basis can a state claim to own land?

3. How do people without written records prove their rights over land?

4. How is a longhouse headman “legitimately appointed?” What are “minority rights” within a longhouse?

5. How do we protect against selective re-telling of stories? [I doubt the “good ending” would have occurred without public local and international shaming of the authorities – by NGO's and by “opposition” groups.]

Kaban Kungsi ba Politik ngau bisnes ngerumpak reta rakyat

PARTNERS IN POLITICS AND BUSINESS TOO!

Filed under: corruption,Politics — Hornbill Unleashed @ 6:44 AM
Tags: Anak Sarawak Bangsa Malaysia, corruption, Save Sarawak, See Chee How, Taib Mahmud

. Sarawak Report

Mohammad Ali Mahmud – the CM’s YB businessman brother!

Another Mahmud brother, another land grabber! Taib was hardly going to leave his brother Ali out of the party. After all Mohammad Ali bin Mahmud, is also slaving away as a State YB for Muara Tuang and a stalwart of Taib’s PBB (part of BN).

However, Ali has clearly been anxious to disguise his involvement in the land grabs. Could it be that he thinks that it could be regarded as wrong by his voting constituents?

Most other records in the land registry put the contact name and details clearly into the section where these are requested. However, Ali just slipped in a telephone number for the company Tabaruk Abadi, which was registered in 2007 as having taken over 5,000 hectares in Sri Aman for oil plantation.

As an attempt at a disguise however, this was fairly blundering. The number matches the one advertised for him on the website for people’s representatives! Likewise, the address for the company Tabaruk Abadi matches the address given for him on the people’s representatives website, which is that of his company Mohd Ali Holding Sdn Bhd.

Tabaruk Abadi – the address and telephone number matches Taib’s brother’s!

Political allies join in business too

But it is not just Mohammad who is doing well out of Tabaruk Abadi, a company which has acquired numerous plantation lands over the years. His close political ally the Speaker of the State Legislative Assembly, Mohd Asfia Awg Nassar, is also a fellow shareholder in the business. Handily for the two politicians the Welfare Board of Kota Samarahan has also engaged in the business, providing a good source of state funding for their enterprises!

Brothers in politics, partners in business!

With his wife Datin Fatimah, Mohammad owns 13,000 shares, the lion’s share for the Mahmud family, of course. Yet, the two men are clearly close allies. In fact Asfia named his son after Mohammad Ali. It is clearly a partnership that has done him well, as he is now Parliamentary speaker and one of Taib’s inner circle. It goes without saying that he has an extremely large house. This demonstrates that once again wealth and success in Sarawak relies on talent – talent in sucking up to the Mahmud family that is.

Speaker and plantation owner Mohamad Asfia bin Awg Nassar’s grand residence

And so, of course, does his business partner and fellow YB, Taib’s brother Mohammad Ali have a very nice big house too! (see below).

Wealthy YBs – access to those plantation is the route to wealth

The corruption at the heart of the Land Grabs

As this story and so many others we have researched over the past few weeks demonstrate, it is corruption through and through that drives Taib Mahmud’s Land Grab policies.

The same number again 082 48 1645 ! Tabaruk Abadi Sdn Bhd is based at Mohammad Ali Holdings !

BN are welcome to put forward their political arguments that the State of Sarawak is in need of ‘development and progress’. They are also entitled to their views that, in order to achieve this, an ”aggressive alienation” of Native Customary Rights Lands is necessary – although in fact this policy has now been ruled illegal time and again by the courts, who have been dealing with the hundreds of resulting land disputes.

But, it is in their manner of carrying out these policies that BN have revealed themselves to be insincere, greedy and corrupt. They have shown their true motivation has nothing to do with ’progress’ for the people of Sarawak and everything to do with their personal ambitions to make as much money as possible out of the resources of Sarawak.

We can see this, because, instead of carrying out their policies honestly and transparently they have secretly handed out all these lands for themselves!

Corrupt practice

Mohammad Ali Holdings and Tabaruk Abadi Sdn Bhd share a sign outside the address which was given in the Land Registry!

If Taib was honestly attempting to develop Sarawak’s lands in the best way for his people and the State, he would be openly auctioning off these vast concessions for the best possible price that could be gained by the government. In this way the proceeds could be ploughed back into genuine development for roads, infrastructure and the alleviation of the widespread poverty of the people.

Measures to ensure that these lands are also developed sensitively and with due responsibility towards the environment and inhabitants could also be publicly written into such contracts, given a proper, honest approach to government.

But Taib has, of course done none of the above. He has instead handed out all the parcels of land dirt cheap and via secretive deals to his own family, friends and political allies. They have then sold them on for millions in profit to ruthless plantation companies to do what they like or developed them themselves. There could have been no grubbier, greedier and more lawless approach to the business and, as we well know, any protests by local people have been dealt with by armed thugs hired by Taib’s cronies. So much for the good of the people.

Taib Mahmud has behaved like some sort of evil Sultan, treating the resources of Sarawak like his own family possession and wasting them. But, Sarawak does not belong to him. He was given the trust of the people and he has abused it spectacularly, grabbing and destroying their lands without a single care except to make himself as rich as he possibly can.

The Sarawak Land Code 1958

Taken from Article by: Assoc Professor Ramy Bulan

Dayakbaru:

Please read slowly and understand to help you explain NCR issues in the long house.

The Sarawak Land Code 1958

The Sarawak Land Code 1958 is based on a Torrens registration system which only recognises registered interests in land. The person claiming ownership or interest must have a document of title in the form of a grant, lease or other document as evidence of title or interests. There is, however, a provision for the creation of Native Customary Land under Section 5(2) which is limited to six specific methods; namely:

* the felling of virgin jungle and the occupation of the land thereby cleared;

* the planting of land with fruits;

* the occupation of cultivated land;

* the use of land for a burial ground or shrine;

* the use of land for rights of way; and

* by any lawful method (deleted in 2000).

Numerous amendments have been made to the Land Code

1. For instance, in 1994 amendments were passed to empower the minister in charge of land matters to extinguish native customary rights to land.
2. In 1996, the onus was placed on a native claimant to prove that he has customary rights to any land against a presumption that the land belongs to the State.
3. In 1998, to pave the way for extinguishment or compulsory acquisition of land, the mechanisms for assessment and payment of compensation were put in place.

Land Code (Amendment) Ordinance 2000

The most comprehensive set of amendments were those set out in the Land Code (Amendment) Ordinance 2000. This included a definition of ‘native rights’ which was curiously missing in earlier legislation. Section 7A(1) streamlines ‘native rights’ into three categories; namely:

* rights lawfully created pursuant to Section 5(1) or (2);

*rights and privileges over any Native Communal Reserve under Section 6(1); and

*rights within a kampung reserve (Section 7).

It provides for the creation of a Registry of Native Rights

The 2000 amendment harmonised the processes and procedures relating to Native Customary Land with those relating to other types of alienated land in respect of the resumption of land and the adjudication of payable compensation for termination of rights. It also provided for the creation of a Registry of Native Rights. Finally (and notably), the amendment deleted ‘any lawful methods’ under Section 5(2)(f), for what Fong (2000) described as the sake of legal certainty and clarity.

The practice of customary land tenure certainly did not cease in 1958 ( Baru Bian 2000)

Some lawyers have argued that the implicit intention of the legislature in 1958 would have been to make a provision for certain customs and practices not covered by the Land Code (Bian 2000), but which were observed by different groups under their customary laws. The practice of customary land tenure certainly did not cease in 1958 and, as Bian argues, some lands had been acquired through barter exchange or ‘sale’ within communities, or as marriage dowries, which were subsumed under the ‘other lawful methods’. Given the inherent flexibility of adat (Cramb 1989; Sather 1990), and its ability to adapt to demographic and economic changes, Bian’s argument is reasonable.

Section 5 made it difficult to assert rights under the Land Code after 1958 (Bulan 2000).

The restricted concept of native customary rights under Section 5 made it difficult to assert rights under the Land Code after 1958 (Bulan 2000). The line of restriction is not a new phenomenon (Majid Cooke 2002). As Porter commented on the inception of the code, it ‘virtually prohibit[s] the creation of new customary rights’ and the ‘extremely detailed and rigid’ provisions ‘dictated government policy’ (Porter 1967: 83, 99).[7] Fong (2000) argues that the intention of the subsequent amendments was to restrict the methods of creating native customary rights to those stipulated under Section 5.

The Court recognized the existence of the Iban pemakai menoa

It is significant, therefore, that in a recent court case, Ian Chin recognised the existence of the Iban pemakai menoa — the area from which its members ‘eat’ (makai) — within which are found their temuda (secondary forest) and the pulau galau (land reserved for communal use).[8] The concept of pemakai menoa goes beyond mere agricultural use and extends to hunting, fishing and living off the produce of the jungle. Ian Chin held that those customary rights had not been expressly abolished by earlier orders or other legislation.

Court of Appeal did not disturb the High Court’s finding that the Iban concept of pemakai menoa exists

The Court of Appeal overturned the High Court decision on 9 July 2005,[9] holding that there was insufficient proof of occupation by the (Iban) respondents in the disputed area, although they had satisfied the test for native customary rights in the adjacent area. Nonetheless, the Court of Appeal did not disturb the High Court’s finding that the Iban concept of pemakai menoa exists. This is a milestone for native customary rights in Sarawak

Common law respects the pre-existence of rights under native law and customs

The Court of Appeal endorsed the exposition of the law by the learned judge of the High Court when he argued that the common law respects the pre-existence of rights under native laws or customs and that these rights do not owe their existence to statutes. Legislation is only relevant to determine how many of those native customary rights have been extinguished. It affirmed that the Land Code does not abrogate native customary rights that existed before the passing of that legislation, but held that natives are no longer able to claim new territory without a permit from the Superintendent of Lands and Surveys under Section 10 of the code. It also agreed with the High Court that the rights held under a licence ‘cannot be terminable at will’, for they can only be extinguished in accordance with laws subject to payment of compensation. Any discussion of the development of native customary rights must therefore bear in mind that, despite the provision of Section 5, the native concept of land is broader than the restrictive statutory provisions.

Estate Development is government’s choice to bring progress to Dayak

As the state seeks to accelerate land development under its broader ‘politics of development’ (Jitab and Ritchie 1991), the medium that is felt best suited to bring ‘development and progress’ to the natives is estate development. This involves lands which some native groups claim to be their communal lands

Dayakbaru:

Dayakbaru do not agree that the current equity / profit sharing model under “Konsep Baru” is helping Dayak to eradicate poverty.In fact, the 60 years agreement rob the Dayak of their rights without a guarantee that the land will revert to Dayak ownership after 60 years.

The dividends from Konsep JV does not commenserate with Dayak investment through providing cheap land to investors. Dayak has suffered froma business agreement that grossly favour the investor party.

JANJI tINGGAL JANJI

Kuching
Friday, 1st April 2011

Semasa Pilihanraya negeri yang dicetuskan oleh peristiwa Ming Court Taib berjanji untuk menyerahkan kuasa kepada pemimpin yang kedua terkanan. Semalam apabila ditanya oleh penggantinya dia tidak menamakan Jabu Numpang kerana dia tahu bahawa orang nombor duanya itu adalah orang yang BODOH. Bodoh sangatkah Jabu Numpang?

Ini bukan pasal April Fool tetapi sebagai memetik apa yang Taib Mahmud kata seperti yang ditulis oleh Berita Harian hari ini apabila ditanya tentang penggantinya.

Pada tahun 1987 semasa pilihanraya negeri Sarawak yang dicetuskan oleh peristiwa Ming Court, untuk menarik sokongan pengundi Iban Taib Mahmud telah menabur janji dengan mengatakan bahawa penggantinya kelak mestilah daripada pemimpin parti yang kedua kanan selepasnya. Pada masa itu pemimpin PBB yang paling kanan adalah Jabu Numpang.

Tetapi setelah lebih kurang 24 tahun menabur janji kepada kaum Iban serta Jabu Numpang khasnya, semalam seperti yang dilaporkan oleh Berita Harian semasa ditanya oleh pemberita tentang bakal penggantinya beliau telah memberitahu pemberita bahawa dia hanya akan menyerahkan jawatannya kepada penggantinya yang mempunyai kriteria yang bijak-pandai. Tetapi kenapa pula dia tidak menjawab bahawa dia akan digantikan ataupun menyerah kuasanya kepada pemimpin PBB yang paling kanan selepas beliau ?

Mengingat kembali janjinya kepada kaum dayak/Iban semasa pilihan raya negeri tahun 1987, serta janji yang dibuatnya semalam yang berkehendakkan bahawa penggantinya mestilah daripada pemimpin PBB yang bijak maka tahulah kita bahawa dalam perkataan lain, Jabu tidak akan menggantikannya kerana Jabu BODOH. Ah..memang Jabu BODOH..akupun mengaku.

Sejarah akan dilakarkan bahawa pemimpin Iban yang mengakibatkan kejatuhan kuasa kaum Iban/dayak di Borneo adalah kerana kebodohan Jabu. Semasa pilihanraya tahun 1987, semangat Dayakism memang kuat kalau tak percaya tanya Jemut Masing. Tapi akhirnya PBDS serta PERMAS telah kalah. Ditambah dengan beberapa orang pemimpin Parti PBDS berpaling tadah, maka kuasa Taib telah menjadi bertambah kuat maka bermulalah terkuburnya kuasa politik Iban/dayak.

Jadi kepada kaum Dayak, saya ingin menyeru bahawa masih belum terlambat lagi untuk kita mengajar Taib, Jabu serta beberapa pemimpin Iban yang berpaling tadah seperti Jemut Masing, Geramong Juna dan lain-lain dengan tidak menyokong calon Barisan Nasional pada pilihanraya negeri sarawak yang akan diadakan pada 16th April 2011, sebaliknya CONTENGLAH calon SNAP...

Top Iban unionists offer themselves as candidates

KUCHING: Three top Iban unionists have offered themselves as candidates for Sarawak PKR in the coming election, and their candidacies have been endorsed by the Movement of Change Sarawak (MoCS).

They are the President of Sarawak National Union (SDNU) Mengga Mikui, the SDNU Deputy President Dr. John Brian and the Secretary General Joshua Jabeng who met the Press in the Stampin Office of PKR in the company of Francis Siah, head of MoCS.

They said that they are ready to contest against the Barisan Nasional.

Mengga, who is a former Deputy General Manager of Sarawak Forest Corporation, has chosen his own home ground of Tamin in Mukah to launch his political career. His opponent is likely to be a newcomer, Edwin Banta of Parti Rakyat Sarawak (PRS). The incumbent is Joseph Mauh, who is to be dropped to open way for Banta, a businessman.

Since retiring from the government, Mengga who joined PKR in 2009 has been working almost around the clock in the constituency.

“I have not learnt the nitty-gritty of politics, but I emphasise that my place is Tamin,” he said, believing that this is the time to change the present government.

“If you don’t change this corrupt government now you, then we are going to be slaves. We may one day go to our neighbouring countries for employment,” he said.

“Native customary rights (NCR) land is the issue. I am personally affected and our land of 500 hectares which are also owned by 19 longhouses is given to a company."

The land, he said, is behind their longhouses.

“It is the only piece of land that is left, where our people have been earning their living every day, and I am going to head the struggle to get it back,” Mengga said, pointing out that the people have lived there since 1830.

Brian, an activist and blogger, is tipped to contest the Meluan constituency where his grandparents came from.

Born in 1955 in Sebauh, Bintulu in 1955, Brian is a PhD holder in management from the Southern Cross University, Australia.

He obtained his Master’s degree in business administration from Oxford Group of universities, and a diploma in chartered institute of marketing from UiTM.

He had worked in a number of companies in Kuala Lumpur and Singapore, before opening his management consultancy in Kuala Lumpur of which he is the managing partner.

Elected as Deputy President of SDNU, Brian is also the Deputy Chairman of Borneo Dayak forum (BDF) which is headed by DR. Jeffrey Kitingan.

“Our focus in BDF is to declare Borneo as Dayak land. This is parallel to Aborigines to Australia, Maoris to new Zealand and Red Indians to America,” he said.

In the last election, Brian contested on Sarawak National ticket in Kemena when the Malaysian Dayak Congress (MDC) could not be registered against Stephen Rundi. Despite the lack of funds, resources and logistics, he secured 3,178 votes against the BN man who spent hundreds of thousands of ringgit and promised “instant” projects. Rundi obtained 4,750 votes.

“In the coming election, I am eyeing the Meluan seat,” he said.

He may face the incumbent Wong Judat of Sarawak Progressive Democratic Party or Larry Sng, the partyless assemblyman for Pelagus.

Jabeng who was born in Tatau 61 years ago is believed to be the only Iban who is doing very well in insurance business. He is now the Group Agency manager of ETIQA insurance under the Maybank group in Kuching.

He is now the elected President of ETIQA FAA (Financial Advisor Association) Malaysia dealing with management and agency bosses.

“My exposure in this helps me a lot in terms of organizational skills,” he said.

Jabeng said that he is going to contest in Kakus against the incumbent John Sikie of PRS, if he (Sikie) is going to be re-nominated by PRS.

Meanwhile, in endorsing them as the candidates, Siah said the three are not only top Iban unionists, but also very much qualified in terms of educational qualifications.

“We are endorsing them as candidates and the people should support and vote for them in the coming election,” he said.