Memo on land claims submitted

DAILY EXPRESS
21 February, 2008

Kota Kinabalu: A memorandum containing land claims from 32,352 natives over a collective area of 339,984 acres from 18 districts was submitted to Head of State Tun Ahmadshah Abdullah and Chief Minister Datuk Seri Musa Aman Wednesday.

The Head of State's Private Secretary, Abd Gafar Modin, and State Secretary, Datuk Sukarti Wakiman, received the document respectively. It was handed to them by the Memorandum Handing Committee of the Partners of Community Organisations (Pacos), led by coordinator Galus Ahtoi. Some 95 people of various ethnic backgrounds accompanied Galus and another four representatives (Juhaidi Marindal, Akang Takin, Sitimah Butit and Jfron Sool Sabitang).

Galus said for the past 10 years the representatives of indigenous communities from 17 districts have gathered to discuss, exchange experience and formulate collective action plans to address the erosion of Native Customary Rights (NCR).

In the process, he said many communities have taken the matter to court after exhausting all possible avenues to get the Government to take a look at the demands from the indigenous people. However, they felt that the Government must do something by conducting a general land inquiry based on NCR as stated in Section 13, 14, 15, 65, 66 and Part IV of the Sabah Land Ordinance Chapter 68, which is to identify and detach all land of NCR status throughout Sabah.

"These include all land of NCR status that has been given to outsiders inclusive of any government agencies that do not respect the NCR ownership," he said. He said the Government should have acknowledged and declared that the land they inherited is owned by the indigenous people based on their native customary rights.

He cited a judgement made at the Kota Kinabalu High Court "Éthe native customary rights which included the right to enter State land for the purpose of establishing it still subsists until today. If it was intended to abolish such right from ever arising again, then a simple legislation or amendment to the law in the terms I have mentioned would do it." Rambilin Ambit vs Director of Land and Survey Department 2007

Galus said so far, only several NCR cases have been filed at the High Court while other similar cases could not be filed due to the affected communities lacking financial resources. He claimed that after years of efforts to have NCR land recognised, respected and protected, the Government did very little to this effect.

"The Government must act now and not just make more promises to us. "We are disappointed with the Assistant Collector Land Revenue (ACLR) in all districts who have been mandated to protect the NCR," he said. He said the ACLR not only had failed to respect native rights but also failed to understand land ownership through NCR as stated in the Kota Kinabalu High Court judgement in Rambilin Ambit vs Director of Land and Survey Department 2007.

Galus said that if the Government does not act now, customary land would be lost and inevitably threaten the future survival of the rural indigenous communities. He said land is a very important source of livelihood of the indigenous people. "The loss of land means loss of our source of income and will result in poverty and suffering," he said.

Based on the Federal Constitution and Sabah Land Ordinance Chapter 68, he said the indigenous people of Sabah have the right to land ownership through Native Customary Rights. Galus said the memorandum would also be presented to Suhakam, State Attorney-General, Land and Survey Department and political parties, namely PBS, Upko, DAP and Keadilan. Meanwhile, several special branch personnel and policemen came to Wisma Innoprise.

Deputy City Police Chief, Supt Rowell Marong, said the police presence was only to prevent the situation from getting tense. However, members of the group said they have suffered for so long that they no longer feel angry but only want their predicament to be resolved by the Government.