Jalan Batang Lupar Banyak Lobang – macam biasa di Sarawak
Penduduk di kawasan Jalan Batang Lupar, Sri Aman merayu ahli Parlimen dan ADUN mereka turun padang dan melihat dengan mata kepala sendiri masalah kerosakan jalan raya.
Seorang penunggang motorsikal iaitu Mike Achan, 48, berkata lubang lebar yang berada di tengah jalan itu bila-bila masa sahaja boleh menyebabkan kemalangan.
“Masalah kerosakan ini wujud semenjak tahun lepas. Saya meminta jasa baik pihak berkuasa tempatan untuk menurap semula lubang berkenaan,” menurut beliau.
Seorang lagi penduduk yang hanya dikenali sebagai Nading, 22, ketika ditemui menjelaskan bahawa keadaan menjadi semakin bahaya apabila hari hujan kerana ia menyukarkan para penunggang motorsikal untuk mengelak laluan berlubang.
“Saya pernah nyaris kemalangan kerana gagal mengelak lubang ketika hujan lebat turun di bandar ini minggu lepas.
“Itu cukup berbahaya. Saya meminta pihak berkuasa tempatan untuk memberi perhatian serius berhubung isu ini demi mengelakkan kejadian lebih buruk berlaku di masa akan datang,” katanya.
Popularity: 9% [?]
Kempen Tandatangan Penduduk Baram
Taken from Sarawak Uppdate
Dayakbaru:
We must stay united and help our brothers in Baram. Please join in the signature campaign.
Jawatankuasa Protem Tindakan Rakyat Baram (JTRB)
melancarkan Kempen Tandatangan Penduduk Baram bagi sebulat suara membantah projek pembinaan Empangan Baram di kawasan mereka.
Pengerusinya,Philip Jau berkata kempen ini adalah inisiatif jawatankuasa untuk menentang pembinaan empangan yang sebelum ini menimbulkan keresahan di kalangan penduduk terutama kaum Kenyah dan Kayan.
“Kempen ini mewakili rintihan rakyat di kawasan Baram yang terancam dengan pembinaan empangan. Kita mahu suara ini sampai dan didengar kerajaan, sejajar dengan rakyat didahulukan, pencapaian diutamakan,” katanya semasa pelancaran kempen itu di sebuah hotel di Miri hari ini.
Kempen itu dilancarkan sempena Forum Awam Empangan Baram anjuran bersama JTRB, Pakatan Konservasi Alam Sekitar Sarawak (SCANE) dan Institut Sumber Borneo Malaysia (BRIMAS). Read more
Popularity: 9% [?]
Rahman Yakub – not honest in his opinion
Taken from The Malaysian Insider
Dayakbaru:
Pakatan Rakyat promised to give Sabah and Sarawak 20% of royalty from oil from 5% today given by BN should Pakatan Rakyat win control of Sarawak government.
My contention is we should received 50% on oil royalty. However 20% is 4 times better then the 5% we received today. 5% royalty is translated into about RM$1 billion per year. With 20% we will have RM4 billion per year and with that we can bring Sarawak upward very quickly in infra-structure progress and basic health and amenities services into Sarawak.
Najib promised RM3.8 billion to Sarawak today. The 20% oil royalty is much more then that and assumed we are given extra RM3.8 billion, then Sarawak would have RM$7.8 billion money to spend.
It is time we must claim our rights with bigger royalty from the Federal Government. Pakatan Rakyat give us such opportunity and I see no wrong for us to play our part as Sarawak voters to secure that 20% for Sarawak.
Rahman Yakub is an uncle to Taib. Sarawak has had enough of this family in ruling Sarawak. The family and family members are now very rich from sucking our State resources for personal gain.
Change WE must!- get our 20% royalty for Sarawak rapid development under Pakatan Rakyat. Read more
Popularity: 11% [?]
Blind and Biased Judges
Taken from The Malaysian Insider
Dayakbaru:
Former Court of Appeal Judge NK Chan made a blistering attack on some judges who he says are not competent and biased towards UMNO led Government.
Many of us Dayakbaru might think that this is happening in Malaya only. This is not true. It can also happen in Sarawak and Sabah too even though we have a different Chief Justice.
We Dayak have many land cases awaiting hearing. We may get incompetent judges to preside over the case, a judge who has little knowledge of our ADAT and CULTURE. We can also have judges that are totally bias for the government and therefore would not see the difference between justice and injustice.
Dayakbaru are however thankful that some important cases has been decided in favor of recognizing natives rights over their land despite the government effort to extinguish such rights.
We must stay vigilant over biased judgment and injustice for Dayak. Our community from now on must respond strongly over bias judgment and injustice done to us through the judiciary. It is about time we consider going into the street to fight and draw attention to our rights in a democratic country. Read more
Popularity: 6% [?]
JVC Model is contractual relationship
Taken from article by Assoc Prof Ramy Bulan
Dayakbaru:
Why did the government introduce a law : map making by the communities could be an offence when the government herself refuse to survey native land?
Don’t you think that the government is creating “bad law” to deprive the Dayak of their land heritage?
Change WE Must
LCDA is the native trustee and has clear fiduciary duty to protect the rights of natives
This means that, when native customary landowners surrender their rights to the LCDA as trustees, there is a clear fiduciary duty to protect the rights of the vulnerable right holders. A government agency that takes on the duties of a trustee under a commercial arrangement becomes a ‘trustees twice over’ (Finn 1992: 243), particularly where the vulnerable landowners depend on it to negotiate the best terms on their behalf (Lehane 1985: 98).
JVC model is contractual relationship
In the present JVC model, the relationship between the corporate developer and government agency (trustee) is contractual. Does a fiduciary relationship exist between them? It is suggested that the mutual confidence between the JVC and the LCDA (or its agents), in appropriate circumstances, does not exclude the possibility of a fiduciary relationship.
The Malaysian Federal Court has already held that the relationship between parties in a joint venture agreement is a fiduciary relationship. Thus, if a right is not sustainable in breach of contract, there may be an avenue in equity where there is a breach of the fiduciary obligation. Read more
Popularity: 12% [?]
Sarawak JVC land development is “facilitative commercial trust”
Taken from article by Assoc Prof Ramy Bulan
Dayakbaru:
Please take note that the Agong is to protects the natives of Sabah and Sarawak under the Federal constitution. (Should we send a memorandum to the Agong on Sarawak Government land grab policies?) Please read the article slowly to understand better our JVC Konsep Baru model.
The Trust and Native Customary Land Development
This ‘new model’ JVC is a type of development trust which is a ‘facilitative commercial trust’ (Bryan 2001). Creating a trust circumvents the requirements for a person or persons to be a party to the contract in order to enforce it. A third party cannot enforce the contract but he may enforce a trust even though he was not party to it. The beneficiaries include persons whose names appear in the appendix of the trust deed, their respective heirs, successors in titles, executors, administrators, personal representatives, trustees and any other person claiming title or interest in the name or on behalf of the native customary owners.
The trust does away from the need to equally contribute equally in order to share equally in the profit
The trust also does away with the need to get into a partnership that will require the parties to contribute equally in order to share equally in the profits (Ladbury 1987). Most native landowners do not have the financial means to develop the land, so vesting the land in trustees is arguably one of the most appropriate mechanisms that can be used. Be that as it may, the intrinsic nature of native customary rights could give rise to problems peculiar to this kind of trust. Read more
Popularity: 7% [?]
The TRUST as a device in Land Development in Sarawak
Taken from Assoc Prof Ramy Bulan
This is a continuation of articles taken from Ramy Bulan works.
The Trust and Protection of Property
The trust has tremendous utility because it is flexible and easy to create. It is usually set up for the purpose of ‘the management of wealth’, where property may be put on trust for an individual, an infant, a person of unsound mind or a group (Hayton 1998).
The trust is to protect landowners
The modern trust evolved as a response of equity to the shortcomings and the rigid formalities of the common law. The trust was originally used to protect landowners who had transferred their land to another on the understanding that the transferee was to hold and administer the affairs relating to the land for the benefit of the transferor’s family. Read more
Popularity: 8% [?]
Federal Ministers frequent visit to Sarawak
Written by Dr. John Brian Anthony
Is it true or false
The Prime Ministers visited Sarawak quite frequent compared to earlier Prime Minister. The last time he came he announced RM$3.4 billion allocation for Sarawak. He also announced additional RM$2.8 million on top of the RM$4 million announced a year ago for the DBNA building fund.
The BN parties gloat and boasted about the announcement as a reflection of Federal Government commitment to help develop Sarawak.
Earlier on, in 2008 after the March 8 election where Sabah and Sarawak kept the BN in power in KL, Hisham announced RM$1 billion in extra allocation to reward Sarawak in addition to a handsome some of RM$4 billion already given.
In Lubok Antu a generous sum of RM$80 milllion was announced to uplift the constituency in a by-election.
All these money – is it real or mere “cakap kosong”. The reason is simple, we live in Sarawak but we never see any development which such money can bring into Sarawak. Are we Sarawakian being fooled? Read more
Popularity: 10% [?]
Agenda BN sigi deka ngerumpak tanah Dayak
Di tulis Iban Abroad
Ditu, aku rindu agi ngena jako Iban awak ka orang rumah panjai bisi nemu utai dikerandau ka kitai ditu. Laban taget randau kitai pasal penyarut tanah NCR Dayak tu nadai lebih ari orang rumah panjai.
1. Sejengkal Tanah Rizab Melayu nadai tau dikachau bansa bukai ngena chara meli, sewa tauka ngaga projek ngena nama kompani ke ukai Melayu. Enggai dikumbai mensia maioh bula, berita ke silik agi pasal jual-beli tanah rizab Melayu tau dipeda kitai maioh ba web site. http://www.mudah.com. Enti BN nadai bisi agenda ke jai deka ngerumpak tanah NCR Dayak nadai kebuah BN enda tau ngopi undang-undang orang Malaya ke bakanya. Agi ga kitai udah dibai Najib 1 Malaysia. Read more
Popularity: 12% [?]
SKIM MUNOH RAYAT – PART II
Written by gkm2020
Nuju Unggal John Jamban and other DL,
I refer to your comment: John Jamban on March 10th, 2010 8:18 am
Hello Kaban Bloggers,
……BUT THEN MOST DB GROUP DO NOT AGREE TO IBAN CM DONE IN THE PAST……BUT NOW DB ….. WHERE IS DB VERSION OF LAND DEVELOPMENT….PLEASE JUST LIST YOUR PROPOSAL HERE. IT IS EASY TO CRITIZE RATHER THAN IMPLEMENT.
Nya aja kaban…
My Personal Opinion,
Honestly the current NCR Scheme is truly a “BOGUS SCHEME” known as “SKIM MUNOH RAYAT” with so many proven negative factors and legal implications. Can you explain why there are more than 100 NCR Land legal cases on-going in the court right now?
Laboh bekeberai air mata meda pemedis sereta pemerinsa kitai Iban/Dayak diayah ulih “Perintah Munoh Rayat”
Iban natives of Sungai Sekabai are shocked after the destruction of their village by “Perintah Munoh Rayat” authorities; in the center headman Nor anak Nyaway. Open your eyes wide and take a look how smart are these rural yet unfortunate folks when compare to Taib and our current Dayak YBs dressing? 47 years of “buah kepayang merdeka”??
Therefore, it’s recommended that such ‘BN New NCR Development Scheme Concept’ shall be dropped and rejected for good. After all, majorities of the landowners are already on the loosing end ie with your ‘win-lose business model’ and with a much questionable ‘transferable land concession rights’ to another third or fourth parties unethical business model. Read more
Popularity: 10% [?]
BN ngenakut ke Dayak
Di tulis: Dr. John Brian Anthony
(Please print lalu sadong ke rumah panjai article DB)
Ngenakut ke Rakyat
Diatu maioh bekenang ke pengawa bala ketuai ari BN kelalu udu ngenakut ke rakyat. Leboh sida YB Menteri datai nemuai ngagai rumah panjai sida mega ngenakut ke rakyat. Bala Tuai Rumah ngering ke BN, Penghulu enggau Pemancha pen sama – sida selalu ngenakut ke rakyat.
Nyadi rakyat tau nyadi amat takut ke jako emba sida BN tu. Nya ngasuh sida taluk ke perintah – laban enggai di kumbai orang ngelaban perintah serta enggai ke pemansang. Laban TR etc takut dia sida BN nyamai amat ngemula serta nipu sida. Pia mega BN ulih ngumpan sida enggau pemansang banggat mit. Utai baka tu enda tau enda di pejurai ke kitai Dayakbaru laban pengawa perintah ke baka tu MUNOH penemu bansa kitai Dayak. Read more
Popularity: 10% [?]
SKIM MUNOH RAYAT
Written by gkm2020
Updated: 12/03/2010 , 5:24PM
Nuju Endu Telaga Kumang and honorable DB readers,
My Personal Opinions:
The current BN Sarawak New NCR Land Development Concept is a “BOGUS” scheme!
DB will support any form of development and/or Joint-Venture (JV) if it’s transparent, accountable, equitable, producing strategic benefits, competitiveness and on “winning all basis” (all must wins structure) of business cooperation.
SKIM MUNOH RAYAT – LAND IS LIFE!
Frankly speaking, 60 years ‘leasehold model’ is too long for an Native Customary Rights Land JVC model as it often create greater corporate risk exposures. The current NCR 60/10/30 equity structures are fragile and high risk too.
The BN government policies on Land Code and JV model have been written and improvised to suit their needs and wants, and also with many agenda behind (bundles with long-term strategic power sharing and systematic alienation scheme). Yet, lacks of financial accountability, governing transparency and CSR policies. We can actually called it as “SKIM MAKAI RAYAT” or “SKIM MUNOH RAYAT”.
Notes: “Munoh” herein mean tried to kill off such community-business venture and an indirect effort to systematically alienated NCR lands from the Dayak. Land is my Life – Land is my Heritage – Land is my Native Rights – Land is my Liberty; and it is better to kill me than to move and marginalize me and my next generation. Rakyat today are no longer blind and/or naive. Tanah Adat is Pesaka Iban/Dayak. The current NCR Land Development Scheme has many loopholes and seen to have a different agenda to indirectly taking away the rights of the natives to manage their own lands in the JV model. Currently we have more than 100 legal cases pending and/or on going against this JV Scheme. Why? I presume you may have some ‘denialable’ answer(s) to all these issues.
Popularity: 35% [?]
The New Model: Joint Venture Companies
Taken from article by: Assoc Prof Ramy Bulan
Dayakbaru:
Many YBs are not even familiar with this New Model.That way, we hear them talked nonsense in the longhouse.Instead of explaining the facts to the people they issue threat – blacklisting TR, no projects to be given to those who oppose the JV etc.
We Dayakbaru must understand the detail of this new model to improve our knowledge of the mechanism and to identify areas that are disadvantageous to us Dayak NCR land owners.
The Concept of the Joint Venture
The concept of the joint venture is premised on the assumption that Native Customary Land, which is now unorganised and fragmented, can be turned into an economic asset through the creation of a Native Customary Land Bank. Once pooled, it is assumed that large-scale plantation development and optimum returns can be realised. It is also assumed that large areas of Native Customary Land are attractive and viable for private investment. Read more
Popularity: 34% [?]
Agricultural Policies and Land Development Schemes
Taken from Article by: Assoc Prof and Deputy Dean of Faculty of Law UM (Ramy Bulan)
Dayakbaru:
Let us try to understand better what the government is trying to do to help Dayak. Has the government delivered according to their plan or has they deviated from their plan and abuse the plan for their own profit.
Why is it impossible for NCR land order to apply and develop their land on their own? Is this the government policies or is this one of the way the government is putting NCR land owners down and stay in poverty.
Small Holdings
To encourage native smallholders to participate in commercial land development, a series of land development schemes were undertaken from the 1960s to the 1980s. These have been documented by many writers such as Hong (1987), King (1988), Cleary and Eaton (1996), Ngidang (1998) and Majid Cooke (2002). Read more
Popularity: 25% [?]
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 Read more
Popularity: 27% [?]
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Inspirational word from gkm2020
