Source: Daily Express (www.dailyexpress.com.my)
Published on: Monday, February 02, 2009
Kota Kinabalu: It will go down well with the people if the Government could be more considerate and caring in dealing with villagers over land matters. Human Rights Commission of Malaysia (Suhakam) Vice-Chairman, Tan Sri Simon Sipaun, said even if the Government has to gazette land presently occupied by village folks as forest reserve, the implementation process must be tempered with understanding, compassion and consideration.
"It's fine for the Government to gazette land as forest reserve. But why can't they be a bit more caring so as to exclude in the gazette the areas already occupied and developed by village settlers? "As it is, simple villagers are getting a raw deal at the end of the day because they are virtually left with nothing after they had established their settlement there and toiled on the land for generations," he said.
Sipaun said this is the general complaint received from the masses on the ground.
"To add insult to injury, more often than not, the same area is alienated to some company or individuals who probably have more influence in society." Earlier this month, he and his team visited Kg Tomis in Ranau, where there is a human settlement complete with a balairaya and a graveyard. "It was declared a forest reserve, but the people claim that the gazette was based on an aerial survey, and not a ground survey."
Previously, they went to Kg Bonor in Keningau, where the people had established a village. "But all of a sudden, the area had become a forest reserve. However, we didn't find any jungle around the village during our visit." Likewise, Sipaun said, out of the blue, a signboard had sprung up, declaring the area at Kg Mount Pock and Tanjung Nagos in Semporna as first-class forest reserve. As recounted by the settlers, they have been there for 20 years, opening up the land for agriculture and when their oilpalm crop was ready for harvesting, they were not allowed to touch the produce.
"What is more interesting is that a company had been given a contract to harvest the fruits and sell them. I could not believe it. If it is supposed to be a forest reserve, why was the company concerned planting some more oil-palm?" he queried. In his rounds throughout Sabah, Sipaun was informed by the people that they did apply under native customary rights (NCR) for the land occupied by them for prolonged periods. "However, the Government either did not reply to them or rejected their applications. But it would be approved to certain quarters although the latter's applications came much later."
While acknowledging that the Director of Forestry is empowered under the Forest Act to destroy whatever stands in the way in a forest reserve, he stressed that there was no need to burn people's houses though law is law. "Can't we be less legalistic on humanitarian grounds?" he asked. In 2007, Sipaun and his team visited Kg Koiboton in Paitan after the alleged burning of houses by the Forestry Department's enforcement personnel. "I visited the scene after the incident. I found that the houses were burnt down. I was very moved about it."
According to Sipaun, Suhakam was in the midst of preparing for an open inquiry into the matter when the affected villagers took the Government to court.
"We were in the process of gathering evidence. Our officers had gone down to the ground to interview the aggrieved parties. Then we had to call off our preparation."
Meanwhile, he regretted that the Director of the Forestry Department and Director of the Lands & Surveys Department didn't bother to turn up for the Round Table Discussion with Assistant Collectors of Land Revenue (ACLR) from all over Sabah on January 22, here.
It was initiated by Suhakam Sabah Office for the purpose of resolving some of the land issues plaguing the people of Sabah. He said what was frustrating was that although the ACLR for Kota Kinabalu was present, he was speaking in his personal
capacity, and not on behalf of his department.
It’s Sept 16
Sunday, September 14th, 2008
By Puvaneswary Devindran
The Borneo Post Online
THE reminder ‘Lest We Forget’ kept popping up during my recent interview with Datuk Amar James Wong Kim Min.
While he also had this printed as the title of his introduction in the books he had authored, these three little but powerful words could very well sum up everything needed to be said about the significance of Sept 16 to all Sarawakians.
“People don’t seem to understand or seem not to pay enough attention. Malaysia came into existence on Sept 16. Not Aug 31 which has no meaning to us Sarawakians,” he said in a fatherly tone which gave added piquancy to the aroma of thick coffee lingering in his office...READ MORE
By Puvaneswary Devindran
The Borneo Post Online
THE reminder ‘Lest We Forget’ kept popping up during my recent interview with Datuk Amar James Wong Kim Min.
While he also had this printed as the title of his introduction in the books he had authored, these three little but powerful words could very well sum up everything needed to be said about the significance of Sept 16 to all Sarawakians.
“People don’t seem to understand or seem not to pay enough attention. Malaysia came into existence on Sept 16. Not Aug 31 which has no meaning to us Sarawakians,” he said in a fatherly tone which gave added piquancy to the aroma of thick coffee lingering in his office...READ MORE
Villagers oppose Marudu project
DAILY EXPRESS NEWS
09 September, 2008
Kota Kinabalu: More than 6,000 people in 27 villages fear a government-appointed company's reforestation project in Kota Marudu and Pitas will affect their livelihood. Chairman of the opposition taskforce on the reforestation project, Muslin Andipa, said the Government's intention is probably to create job opportunities for the villagers and make profit at the same time.
However, he said the Government failed to see that in the process of implementing the project, their livelihood would be affected. The villagers raised their disagreement with the project during a meeting between the villagers and representatives from Begaraya Sdn Bhd, Asia Forestry Plantation Sdn Bhd, Pitas District Officer and Pitas Assemblyman Bolkiah Ismail, Some 300 people comprising villagers, village chiefs and JKKK chairmen, attended.
All of them objected to the project, which they claimed would not be beneficial to the community. He said there are about 30,000ha or 75,000 acres within the perimeters of the 27 villages. "If the 75,000 acres are divided among the 6,000 kampung folk, each would only have about 10 acres or so," he said. The 10 acres, he said, are not enough for the villagers who had been living there for more than 100 years.
Citing a similar government project in Bongkol, Pitas, which had involved 10 villages and implemented 24 years ago in 1984, he said the government had intended to develop the land and provide work for the people there. Unfortunately, Muslin claimed it had only created a nightmare for the people in the affected area.
"They lost their right to the land and on top of it, the villagers were also sidelined from participating in the agriculture industries and other government development projects because they don't have any right to the land anymore," he said. Muslin said that not only the present generation lost their ancestral or native rights to the land but the hopes of future generation were also gone.
He claimed the people could not plant commodity crops such as rubber and oil palm because the land now belonged to the Sabah Forestry Development Authority(Safoda). "So, if the reforestation project that has been proven to destroy a community is continued in Kota Marudu and Pitas, we would see a repeat of what had happened in Bongkol," he said.
He said not only the community would be destroyed but also their economy and social fabric. The company, whose application to the 75,000-acre land was approved by the Government in 1998, must take into account the native rights over the ancestral land, he said. He said the people have been living there all their lives and if the company took the land by force from them, there would be no vacant land available left for them.
"They must remember that these kampung folk need the land to survive.
"If it is taken from the villagers, just imagine what would happen to their lives," he said.
Hence, he urged the company to reconsider its options other than simply to gain profit. Towards this end Muslin is confident that the Government would reconsider approval for the project, adding the people are better off developing the land themselves than working for the company. He said the Government should, instead, implement joint rubber projects with the people as this had proven successful with some participants reportedly earning four-figure income.
09 September, 2008
Kota Kinabalu: More than 6,000 people in 27 villages fear a government-appointed company's reforestation project in Kota Marudu and Pitas will affect their livelihood. Chairman of the opposition taskforce on the reforestation project, Muslin Andipa, said the Government's intention is probably to create job opportunities for the villagers and make profit at the same time.
However, he said the Government failed to see that in the process of implementing the project, their livelihood would be affected. The villagers raised their disagreement with the project during a meeting between the villagers and representatives from Begaraya Sdn Bhd, Asia Forestry Plantation Sdn Bhd, Pitas District Officer and Pitas Assemblyman Bolkiah Ismail, Some 300 people comprising villagers, village chiefs and JKKK chairmen, attended.
All of them objected to the project, which they claimed would not be beneficial to the community. He said there are about 30,000ha or 75,000 acres within the perimeters of the 27 villages. "If the 75,000 acres are divided among the 6,000 kampung folk, each would only have about 10 acres or so," he said. The 10 acres, he said, are not enough for the villagers who had been living there for more than 100 years.
Citing a similar government project in Bongkol, Pitas, which had involved 10 villages and implemented 24 years ago in 1984, he said the government had intended to develop the land and provide work for the people there. Unfortunately, Muslin claimed it had only created a nightmare for the people in the affected area.
"They lost their right to the land and on top of it, the villagers were also sidelined from participating in the agriculture industries and other government development projects because they don't have any right to the land anymore," he said. Muslin said that not only the present generation lost their ancestral or native rights to the land but the hopes of future generation were also gone.
He claimed the people could not plant commodity crops such as rubber and oil palm because the land now belonged to the Sabah Forestry Development Authority(Safoda). "So, if the reforestation project that has been proven to destroy a community is continued in Kota Marudu and Pitas, we would see a repeat of what had happened in Bongkol," he said.
He said not only the community would be destroyed but also their economy and social fabric. The company, whose application to the 75,000-acre land was approved by the Government in 1998, must take into account the native rights over the ancestral land, he said. He said the people have been living there all their lives and if the company took the land by force from them, there would be no vacant land available left for them.
"They must remember that these kampung folk need the land to survive.
"If it is taken from the villagers, just imagine what would happen to their lives," he said.
Hence, he urged the company to reconsider its options other than simply to gain profit. Towards this end Muslin is confident that the Government would reconsider approval for the project, adding the people are better off developing the land themselves than working for the company. He said the Government should, instead, implement joint rubber projects with the people as this had proven successful with some participants reportedly earning four-figure income.
'Issue is about fake M'sians; not those without documents'
DAILY EXPRESS
27 August, 2008
Kota Kinabalu: Sri Tanjong Assemblyman Jimmy Wong Sze Phin said the illegal immigrant problem in Sabah is not about illegals without documents but rather those who had obtained the MyKad illegally. He estimated there to be some 500,000 such MyKad holders in the State and that if this was not addressed immediately, it would jeopardise the sovereignty of the State.
"This is a dangerous thing and it is like a time bomb for Sabah," he said in a statement distributed to reporters outside the hall. He expressed full support with both BN and opposition leaders who had repeatedly called on the Government to be serious in this matter. Compared to those without the MyKad, he said foreigners who are in possession of the MyKad through dubious means were the ones who are really dangerous. "They can (practically) do anything once they are in the system," he said.
In this respect, he said only a Royal Commission could address the grave matter. Wong hoped that the BN will wake up and use strong political will to resolve the problem. Fake Malaysians, he said, are found in almost every corner of the country but the Federal Government had not been serious in tackling the issue. He claimed these fake Malaysians have already infiltrated government departments and that it is just a matter of time before they become leaders. Wong shuddered to think what would happen to real Malaysians in Sabah should this happen.
"This is the number one issue in Sabah É so, top priority (must be given) to solve it in order to protect our nation and the local people," he said. He said anything less than a Royal Commission is a waste of time and taxpayers' money.
27 August, 2008
Kota Kinabalu: Sri Tanjong Assemblyman Jimmy Wong Sze Phin said the illegal immigrant problem in Sabah is not about illegals without documents but rather those who had obtained the MyKad illegally. He estimated there to be some 500,000 such MyKad holders in the State and that if this was not addressed immediately, it would jeopardise the sovereignty of the State.
"This is a dangerous thing and it is like a time bomb for Sabah," he said in a statement distributed to reporters outside the hall. He expressed full support with both BN and opposition leaders who had repeatedly called on the Government to be serious in this matter. Compared to those without the MyKad, he said foreigners who are in possession of the MyKad through dubious means were the ones who are really dangerous. "They can (practically) do anything once they are in the system," he said.
In this respect, he said only a Royal Commission could address the grave matter. Wong hoped that the BN will wake up and use strong political will to resolve the problem. Fake Malaysians, he said, are found in almost every corner of the country but the Federal Government had not been serious in tackling the issue. He claimed these fake Malaysians have already infiltrated government departments and that it is just a matter of time before they become leaders. Wong shuddered to think what would happen to real Malaysians in Sabah should this happen.
"This is the number one issue in Sabah É so, top priority (must be given) to solve it in order to protect our nation and the local people," he said. He said anything less than a Royal Commission is a waste of time and taxpayers' money.
NLCs needed to complement Native Courts, says Upko
DAILY EXPRESS NEWS, 14 August 2008
--------------------------------------------------------------------------------
Kota Kinabalu: Tuaran MP Datuk Seri Wilfred Bumburing said a Native Law Council (NLC) comprising non-Muslim bumiputeras should be formed in all districts to complement the Native Courts, particularly where the District Chief or most of its native chiefs are from different ethnic groups.
In supporting the recent call by Sabah and Sarawak Chief Judge Tan Sri Richard Malanjum, he said since the Native Courts handle mostly cases involving non-Muslim bumiputeras, the setting up of NLCs was most appropriate in terms of functioning as the Advisory Council to the District Chief and Native Chief who are from different ethnic groups.
"Most if not all cases being brought to the Native Courts are from the Kadazandusun Murut community. So it is only appropriate that a Native Law Council comprising knowledgeable KDM elders be formed to advise the District Chief.
"And later the District Officers, if the cases handled at the Native Courts were appealed to the District Office," he said, Wednesday. Towards this end, he urged the Native Courts to archive all Native Court proceeding for reference.
The records would serve as reference materials since cases involving the KDMs vary from place to place, said Bumburing who is also Upko Deputy President.
"Common native laws may be slightly different among the people in the northern part of Sabah such as those in Kota Marudu, Pitas and Kudat and those of the Central KDM in Penampang, Tuaran, Tambunan as well as those in Keningau and definitely differs from the Eastern KDM groups," he said.
"With regards to the ongoing Ops Bersepadu to round up illegal immigrants in Sabah, I reiterate our stand that those illegals who are in possession of MyKads and who have obtained MyKads through dubious means must also be dealt with in the current operation.
"As such the National Registration Department (NRD) must provide an avenue to counter-check the MyKads found in the possession of illegal immigrants," he said.
Bumburing said any Mykad found in the possession of a non-bona fide Malaysian citizens should be seized and the holders repatriated along with the other undocumented immigrants.
--------------------------------------------------------------------------------
Kota Kinabalu: Tuaran MP Datuk Seri Wilfred Bumburing said a Native Law Council (NLC) comprising non-Muslim bumiputeras should be formed in all districts to complement the Native Courts, particularly where the District Chief or most of its native chiefs are from different ethnic groups.
In supporting the recent call by Sabah and Sarawak Chief Judge Tan Sri Richard Malanjum, he said since the Native Courts handle mostly cases involving non-Muslim bumiputeras, the setting up of NLCs was most appropriate in terms of functioning as the Advisory Council to the District Chief and Native Chief who are from different ethnic groups.
"Most if not all cases being brought to the Native Courts are from the Kadazandusun Murut community. So it is only appropriate that a Native Law Council comprising knowledgeable KDM elders be formed to advise the District Chief.
"And later the District Officers, if the cases handled at the Native Courts were appealed to the District Office," he said, Wednesday. Towards this end, he urged the Native Courts to archive all Native Court proceeding for reference.
The records would serve as reference materials since cases involving the KDMs vary from place to place, said Bumburing who is also Upko Deputy President.
"Common native laws may be slightly different among the people in the northern part of Sabah such as those in Kota Marudu, Pitas and Kudat and those of the Central KDM in Penampang, Tuaran, Tambunan as well as those in Keningau and definitely differs from the Eastern KDM groups," he said.
"With regards to the ongoing Ops Bersepadu to round up illegal immigrants in Sabah, I reiterate our stand that those illegals who are in possession of MyKads and who have obtained MyKads through dubious means must also be dealt with in the current operation.
"As such the National Registration Department (NRD) must provide an avenue to counter-check the MyKads found in the possession of illegal immigrants," he said.
Bumburing said any Mykad found in the possession of a non-bona fide Malaysian citizens should be seized and the holders repatriated along with the other undocumented immigrants.
Syed Kechik among those who exploited Native Cert loophole
DAILY EXPRESS NEWS
8 August 2008
Kota Kinabalu: Loopholes in the law are among reasons why the Sijil Anak Negeri or Native Certificate (SAN) in the past was abused. Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum said the law states that if foreigners such as from the Philippines or Brunei have been residing in the State for five years, they could apply for the certificate to state they are natives of this State.
Which explains why former Yayasan Sabah Director Tan Sri Syed Kechik, who is from Peninsular Malaysia, also has a native certificate. Fortunately, this loophole was plugged after the Government stopped the issuance of the SAN in 1982. The Sijil Anak Negeri certificates previously were issued to genuine bumiputeras to protect their rights such as in land matters.
"There is also provision in the law, the term bumiputera or native in Sabah is defined in at least three statutes," said Malanjum at the District Chiefs and Native Chiefs Conference at Wisma Muis, Thursday. But unlike the State's counterpart Sarawak, he said the natives there were defined as those who only originated from the State such as the Iban, Bidayuh and Melanau, among others. He said Sarawak is strict and does not consider Filipinos or Indonesians as natives of Sarawak. On other developments, he said that the Native Courts could probably clear some of its backlog cases by applying methods used by the Civil Court.
He said normally what the Civil Court does is retrieve files that have not been settled yet and make a master list before setting a date to call for hearing. If the parties involved in the case failed to respond to the call, the case would be dismissed. "Maybe the Native Courts should take a similar approach," he said.
Meanwhile, Malanjum described the three-day conference as critical since it provides a forum to determine the current position on native laws and customs including their usage and relevance to the present generation of natives.
He said if the conference were to be held annually it could be considered as the Native Law Advisory Council with the main function of giving advice to the authority that manages the affairs of Native Courts.
Such a body, he said existed during the rule of the North Borneo Chartered British Company. He said it appeared that for the last three years, the rough estimate ratio of cases to that of the native population of Sabah is 4,238:1.2 million or 35 percent. "There was a marked increase in cases registered between 2003 and 2005 and then a decline thereafter," he said.
Some districts seem to be receiving more cases than in other districts. The reasons for such trend might be worth examining, he added. "Is it because of the slow adaptability and applicability by the native laws to the changing economic and social conditions in Sabah thereby generating apathy and loss in confidence in the Native Courts?" he asked.
Or he said it could be due to the thinking that native laws and customs were meant for the past and no longer relevant and necessary today. "Or is it due to the increasing number of younger natives now preferring to live in town areas? I hope not," he said. In other countries, Malanjum said interest was growing in the revival and development of indigenous laws.
Citing Canada, he said 'the one thing native people cannot legally do is bargain away their aboriginal rights, treaty rights or reserved land to anyone, other than the Crown in right of Canada'. He also said that the number of appeals to the Native Court of Appeal is also declining where last year there was only one appeal, which was in Keningau. He questioned whether it was due to the long delay by the court in disposing the appeals.
Malanjum said if a transformation of the Native Courts is to be seriously considered then the reason or reasons for the downward trend required finding. "Maybe a working committee can be set up with the main task of examining the present state of the native laws and customs and what changes need to be done," he said.
While some positive steps had been taken by the State Government towards this end, he said the relevant State authorities charged with managing the affairs of the Native Courts could work together with the study committee of the Law Faculty of the Universiti Institut Teknologi Mara (UiTM). Also, he said it is worthwhile to consider placing the management of the affairs of the Native Courts, District and Native Chiefs under one authority. This is to prevent the issuance of conflicting policies for Native Courts.
8 August 2008
Kota Kinabalu: Loopholes in the law are among reasons why the Sijil Anak Negeri or Native Certificate (SAN) in the past was abused. Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum said the law states that if foreigners such as from the Philippines or Brunei have been residing in the State for five years, they could apply for the certificate to state they are natives of this State.
Which explains why former Yayasan Sabah Director Tan Sri Syed Kechik, who is from Peninsular Malaysia, also has a native certificate. Fortunately, this loophole was plugged after the Government stopped the issuance of the SAN in 1982. The Sijil Anak Negeri certificates previously were issued to genuine bumiputeras to protect their rights such as in land matters.
"There is also provision in the law, the term bumiputera or native in Sabah is defined in at least three statutes," said Malanjum at the District Chiefs and Native Chiefs Conference at Wisma Muis, Thursday. But unlike the State's counterpart Sarawak, he said the natives there were defined as those who only originated from the State such as the Iban, Bidayuh and Melanau, among others. He said Sarawak is strict and does not consider Filipinos or Indonesians as natives of Sarawak. On other developments, he said that the Native Courts could probably clear some of its backlog cases by applying methods used by the Civil Court.
He said normally what the Civil Court does is retrieve files that have not been settled yet and make a master list before setting a date to call for hearing. If the parties involved in the case failed to respond to the call, the case would be dismissed. "Maybe the Native Courts should take a similar approach," he said.
Meanwhile, Malanjum described the three-day conference as critical since it provides a forum to determine the current position on native laws and customs including their usage and relevance to the present generation of natives.
He said if the conference were to be held annually it could be considered as the Native Law Advisory Council with the main function of giving advice to the authority that manages the affairs of Native Courts.
Such a body, he said existed during the rule of the North Borneo Chartered British Company. He said it appeared that for the last three years, the rough estimate ratio of cases to that of the native population of Sabah is 4,238:1.2 million or 35 percent. "There was a marked increase in cases registered between 2003 and 2005 and then a decline thereafter," he said.
Some districts seem to be receiving more cases than in other districts. The reasons for such trend might be worth examining, he added. "Is it because of the slow adaptability and applicability by the native laws to the changing economic and social conditions in Sabah thereby generating apathy and loss in confidence in the Native Courts?" he asked.
Or he said it could be due to the thinking that native laws and customs were meant for the past and no longer relevant and necessary today. "Or is it due to the increasing number of younger natives now preferring to live in town areas? I hope not," he said. In other countries, Malanjum said interest was growing in the revival and development of indigenous laws.
Citing Canada, he said 'the one thing native people cannot legally do is bargain away their aboriginal rights, treaty rights or reserved land to anyone, other than the Crown in right of Canada'. He also said that the number of appeals to the Native Court of Appeal is also declining where last year there was only one appeal, which was in Keningau. He questioned whether it was due to the long delay by the court in disposing the appeals.
Malanjum said if a transformation of the Native Courts is to be seriously considered then the reason or reasons for the downward trend required finding. "Maybe a working committee can be set up with the main task of examining the present state of the native laws and customs and what changes need to be done," he said.
While some positive steps had been taken by the State Government towards this end, he said the relevant State authorities charged with managing the affairs of the Native Courts could work together with the study committee of the Law Faculty of the Universiti Institut Teknologi Mara (UiTM). Also, he said it is worthwhile to consider placing the management of the affairs of the Native Courts, District and Native Chiefs under one authority. This is to prevent the issuance of conflicting policies for Native Courts.
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