Suhakam's plea on land issues

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.