Land Title for Dayak
Posted by Dr. John Brian Anthony
Singgai Village Issue with Land Title
It is very encouraging to know that the government issues land title to Dayak in Singai, Bau and with great help from their YB, Peter Nansien. Syabah YB, for your very good and meaningful work. The sames goes to many Malay / Melanau / Kedayan villages that has been issued with land titles throughout the year if the newspaper report is correct. We can see their happy faces. However I cannot recalled any events / functions of land title being issued to Dayak Iban and Orang Ulu. I stand corrected on this matter.
Why Government do not issue land title to Dayak?
This questions has been answered by Dayak politician many time over and “believe it or not” – the answer given is if land titles are given the Dayak will sell their land to others. I find that this reasoning is of bad taste and disrespectful to the Dayak people. The reasoning associate us with being irresponsible people, silly as a goat, and a race that really has not sight for the future. Does it also mean that other races never sell their land at all?
In fact many Dayak are buying titled land instead of selling theirs and start a small farm with money earned working overseas and the cities. Those argument that Dayak will sell their land is not only sweeping but with malicious intention to justify the BN government negative approach towards Dayak.
The worst thing that happened is that this very reason is given by our Dayak political leaders publicly . Now where is these YB brain -if the first place because by their very act they are undermining the Dayak mentality. The very people that voted them in as their representative and leader is now being scorned upon by those ungrateful selfish YBs.
Some even goes so far as saying “I cannot help you because we in the government are not allowed to do so”. That is just telling the people – I am helpless to help you because if I do I’ll be black-mark by my political boss and I do not want that. Is that the type of leader we elect to lead us or just some numb skull looking for personal benefit and glory. Those YBs should not be reelected at all.
Implication of land without title.
Even then some community leaders start telling the people that their NCR land do not belong to them as there are no land title, it is therefor state land and they cannot stop the plantation companies from taking their land. YB Awang Tanah said the same thing many years ago, but the Dayak leader do not even lift their finger to disagree with the policy. When Dayak’s NGOs speak on behalf of Dayak, than such NGO – the like of SDNU and SADIA would be branded anti-government. Then fellow Dayak would say the same thing about Dayak NGO, shame on you!
This is so when some plantation developer start to butter the community leaders and local government servants to support their effort to occupy NCR land. Some government servants seemed to work extra hard to ensure that Dayak NCR land falls under the plantation developer hand – why, maybe just for a few dollars more and the community future is put at risk? This situation is quite serious as the community leader and some government officer from the District and Resident office would pressure the Tuai Rumah to signed-off their long house NCR and to them. It seems, NCR that are not given title are open for private companies and elitist personality to grab even with the help of community leaders.
Batu Kapal Land District – Sebauh/Bintulu.
My long house land is being grabbed by Datuk Sulieman Mahmud – Taib’s brother. Since when he even set foot on that land and yet through their abused of political power by his brother Taib, he is given the land. YB Stephen Rundi would declared I am not in the know and is not invloved. That is despite being elected as the leader in Kemena. Being the Barisan Secretary General and Chairman of Sarawak River Board is seemingly more important than the Dayak community rights. My Tuai Rumah Micheal Lanyau, Penghulu Utong and Temenggong Kelambu intimidate the long houses folks and more than just coaxing or influencing the land owners, they threaten them with negative remarks. Some folks stood their ground, but most simply do not want to be a problem to the Tuai Rumah and surrender their land. Land without title place the Dayak in a very confuse and insecure position subjected to external influence. It is not an acceptable situation to be in for Dayak.
Land without title is also a liability to new young Dayak who are developing their parent’s NCR land. It is not new for companies to have come and kill their oil palm crop as it has happened to some long houses folk in Bintulu. Ask TR. Senggok of Binyu, he will tell you. The plantation company even cut down their matured rubber tree that are being tapped for latex and near fruiting palm oil crop because a Chinese Company is now claiming ownership of Dayak NCR land. Cocoa and pepper garden are also mowed down using bull-dozer and this include temporary farm shelter and even proper structured farm houses. Land without title put the Dayak against the wall and one day it may produce unrest in the country.
Are we made beggers in our own land?
TR Nyawin long house was demolished by the authority and only about much pleading do the government assigned them land just enough for the long ouse. Are we made begrers in our own land?
Conclusion
If YB Peter Nansien can help his constituent to get land title why are the other Dayak Iban leaders not putting their best effort to work for it. Or have we Dayak elected the worst type of Dayak breed to represent us in government?
I know the government servant through the District Office and Land and Survey Department has a process for people to apply for land title, unfortunately I have not come across anybody that I know of that has been granted land title for the land that they applied for.
A minority community in Miri is given land title but the majority Dayak was just put to shame by the government – by not issuing Dayak land titles in Miri under the same scheme, the government wanted to prove to the Dayak that they are not important in nation building but are used and abused to keep the BN in the position of leading the government.
In Pakatan Raayat State of Perak, land are given those that truly deserve. Would not Sarawak be better under the Pakatan Raayat rule if our own very Dayak leaders and Sarawak political leaders are not treating us correct?
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23 Responses to “Land Title for Dayak”
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Inspirational word from gkm2020
Almost the Dayak leader or politician so hipokrit. What their say not same with what their do. more of them just like boneka. More of them just mr. yes.Nothing their do to help dayak community. Their just waiting for tai mahmud to planning and do everything. Their no planning to bring dayak community into the front like other community in Malaysia. Until now we not see what dayak leader plan to develope dayak community. We want to see what their planning to develop dayak community in education, economic, social and infrastructur. their just hope outside community to plan our development. Just like no intelektual leader.
For the land title, the dayak politican in BN also like boneka. The real situation show that the land of dayak community still untitle. Reason from the goverment before just for their safety in politic. Goverment not serius to develope the dayak land. SALCRA is one of the example. How this policies in SALCRA can help dayak community if their payment just RM 8 perday. the diveden also very small according to dayak invesment. Goverment must remember the dayak invest their land to develope SALCRA but their income so bad compare to real owner of SALCRA. Real reason why goverment dont want to give the title land to the dayak because their can manupulate the situation. If gaverment give the title to dayak, its hard to them to seel and rob it. From now, dayak comunity should rise and open their eyes. next election you can change tai mahmud destiny. vote the PKR or Malaysia dayak Cobgress(MDC). the real party to help people.
We should start with something that make the government of the days to give land title to all eligible dayaks. We should plan something before its too late. Change the present government is one of the options. This kind of thought and idea must distribute to all the dayaks, urban or rural. I very agree with the editor. I am dayak iban from the same river of Sebauh,Bintulu, i am from Sekabai tributary, the famous Rumah Nor Nyawai. I very sure the editor know to our fate in Sekabai, no need to elaborate here. I very much want to work to elevate the dayaks position in Malaysia, but i need the good network among others educated dayaks, espcially young generations, maybe dr. John can help.
YB Peter is far advanced compared to his peers. I met him and intrigued with his many ideas and projects to seriously help the local folks.
1. One of the projects he shared was the preparation of “Kampung-style” titles. He advised the rural folks to have a perimeter survey using GPS instrument. Mark the various points and then plot these points on the computer. Along one Sungai, for example, a complete survey can be done, purely using the GPS. Then the completed survey would be signed and authenticated by the various owners and the Ketua Kampung. Then, if corporations want a JV on this land, they must respect this GPS survey.
Can this be done? Sure, but let our Tuai Rumah understand and implement it. If all Iban Tuai Rumah adopt this, there is a greater urgency on the part of the Government aka politicians to issue titles for Ibans’ land.
Start this as a project? I am for it. I think, GPS is sold in Glemarie Shah Alam.
2. Iban land had been surveyed many years ago. “Tiang pol, tin merah” are two terms that I learnt about 40 years ago. I remember the “orang suvi” coming to my village and they showed areal pictures. I remember distinctly one “orang suvi” explaining that “rumah panjai baka punggang batang ari langit.” In my village the “tiang pole” could be seen among the rubber trees.
The question now is why weren’t the title issued?
Ba menoa kami, Tuai Rumah enggau Pengulu ke nulung bala YB makai tanah rakyat laban sida iya bisi diberi Kompani ladang share….
There were numerous cases of land being transferred to third parties without the owner’s knowledge! This all did happen during the BN rule in Penang, Perak, Selangor and else where. The present Pakatan Rakyat, they are people of more friendly and willing to help and they are even closer to the people. I think the next General Election can see more power being swept to PR and the general feeling in the Peninsula Malaysia is that PR is a better coalition. Your blog has given some insight of what is happening in Sarawak, esp. among the Dayaks. I gather they are something like Indians left behind. Only after 50 years they opened up their eyes by the leadership of Hindraf. I hope someone in Sarawak would do the same to change the course of navigation.
Mark Twain said: Buy land, they’re not gonna produce it anymore.
It doesn’t matter whether Dayaks will sell their lands, being irresponsible or downright morons. It’s about you being smart or not, you see things in short term or long term basis. You are looking for passive income patiently or not.
But govt must give land titles to Dayaks as the rightful owners in no delay. Resorting to delaying tactics will only enforced perception that govt use it as election bait, an honourary ceremony for Dayaks, with the timing always near on election period or to subdue any arising issues that is detrimental to govt image. All these while the govt doesn’t seem to be really honest, still secretive and selective in regards of giving land titles, particularly NCR lands, Dayaks and Malays alike. Ironically, it’s quite opposite for govt in dealing with private developer to develop certain land area, alienated state lands or NCR lands. Only difference is that the approval were given at lightspeed rate. Hmmm another unsolved mystery?
Now turn to how transparent our govt in dealing with land issues. While other state govt start to implement open tender in alienating state lands for sales, development purpose, our state govt simply refuse to the idea believing that they afraid some big corporations with big funds will easily buying up land lots leaving the ordinary, poor rakyats unable to own land to build their home. Their excuse simply on protecting the interest of poor rakyat and state lands can be turned into public low-cost housing projects. What a pack of slimes. When the opposition accuse the govt of in favour of certain big private developers in dealing with land-contra over cash payment(in-kind) where state lands in prime location being bundled for far less market price, govt simply respond that the private developer hold more responsibility as the new owner of the lands, the developers have to incur extra cost forseable in future. How business-minded our politicians now become, with in-depth knowledge as property developer huh? Which begs the question: Govt now become the spokesman for private developer or the custodian for rakyat? Conflict of interest, no?
If the govt being wary/cautious in open tender for state land sale against big private corporations, why the govt not issuing all NCR land titles to all deserving Dayaks, so that they can be the legal, rightful land owner? Is it wrong for Dayaks to use the newly titled lands to build own house on bank-finance basis given that banks thru EPF only accept land with proper titles to get the loans? How the govt can be so sure if big corporations getting much of state lands thru open tender will not develop the lands for public housing other than for speculative purposes? That is why all deserving rakyat, Dayaks in particular in no delay must be given land titles since you can be sure, time and again how both govt and cronies big private developers basically can cohoot together in keeping the land to themselves. Delay tactics that indirectly will keep Dayaks from getting what rightfully their properties.
If govt worried that Dayaks will sell the lands to businessmen soon after getting the titles, it’s only begging to differ: govt also all this while cohoot with businesmen, private developers, some with dubious deal involving state lands being alienated without proper disclosure and just full of mystery. The politicians worry of the Dayaks while the politicians worry how themselves can get state lands at cheap price and resell them to private developers wihout being exposed. Hypocrisy, double standards is definately an artistry only few can master well enough as legitimate cause. No doubt that in cases some Dayaks did sell their lands, even NCR, to businessmen amounting to RMmillions and some sell it to multiple buyers even though on the same land location due to no proper documentary evidence. Govt have valid excuses on that matter but how about politicians ‘sweeping’ big area of state lands thru dubious means? It involves far more bigger amounts of money in terms of lost revenue to govt coffers. A typical case of who is the lesser between two devil. A thief calling others as thief.
Another issue related is the plantation scheme on NCR lands. Everytime the annoucement of dividends given to land owners, there comes the debate on the actual amount received per land owner. Some claimed, after calculations, only worth a peanut per month. Where the rest of the big profits goes to? Is it supposed to be one-sided affair where private plantation developers getting the most of the lion share? Then this NCR land-plantation scheme definately defeat the purpose. Govt can parade some land owners receive RM500K per month from plantation schemes but how about the rest of land owners? Are they fairly distributed of the plantation profits? Somehow here, the idea of witholding tax on extraordinary profits by plantation companies comes to effect. It better to review the tax where the portion of it to be given to NCR land owners by law. Thus in turn, Dayaks will earn more from their NCR lands and not enjoyed unfairly by plantation companies. If they can cover the rising expenses like fuel and fertilisers while still enjoying, sustaining big profits to build spanking new multi-storey headquarters building tower, why not NCR land owners get their dues? Oh, CPO price now at near year-low, sorry my bad. Some may argue that giving to much to NCR land owners will make them complacent, taking life easily and become lazy bones even more with their monthly passive money which may bring early defination of Ketuanan Dayak. I’m not going to proliferate some kind of race superiority here as it can only mean for some dominant race the right to print money/corruption culture in disguise for themselves.
Whether govt worry for Dayaks selling their newly titled lands or govt silence, hypocrisy on their own conduct in state land alienation to certain few politicians at cheap price to be resell high later will lead to only one group of beneficiary: private housing, plantation developers.
No Nonsense YB!
First of all, Bravo YB. Peter Nansien, yoú’re not the nonsense politician as have been stated before. The good deeds of yours to the dayak will be well-remembered by the community. I would like to see that the other dayak YB emulating the struggle of YB. Peter Nansien. Having to say that, I’m quite skeptical whether the others would follow suit, especially the Iban YB. Would they dare to do it? Or would they join the rest to “rob” the dayak-Iban of their inheritance, i.e the land.
Non-issuance of Land title to dayak
A remark by the YB that dayak would sell their land to others upon acquiring it. Its mere excuses of not wanting to issue land title or renewing the land title to the dayak, so that the YB and their cronies would be able to reap better deal when they dispose the land to the private companies from Semenanjung under the pretext of development. Well, in a sense it’s development but a development to rid the dayak of the their inheritance. It is happening to the dayak in Sri Aman and other parts of Sarawak. This is daylight robbery! As I travelled the breadth of the state of Sarawak, I noted that dayak are rich if their land are properly developed. But, only the YB are getting rich due to this happening right now. It’s disheartening to hear and noting the deeds of the elected representative. And yet, they are elected at every election! The question are “What are we going to do with this kind of incident?” “Äre we going to just keep-on posting our remarks and grievances over the net?” Or Äre we going to take some positive steps to curb ths evil deeds of the so-called elected representatives of ours?”
It seems to be that they are riding on to their “political vehicles” to manipulate the dayak in gaining their own advantage. Is this what we call politics of Development as have championed by our leaders? I’m very doubtful of it!
The dayak are beggars in our own land
It’s sad to note that to certain extent, we are beggars due to the reluctant attitude of the dayak YB in fighting for those who are being victimised by the politician. Is that right for us to elect them for other term? I think we need to reconsider our mandate to elect them again or we are going to landless and homeless in our own land as what is happening to the Red Indian in USA, The aborigines of Australia and the Maori of New Zealand. We need to have a change in our political Scenario/climate in Sarawak before it’s too late to curb this problem. It’s rather too long that this issue has not being apprehended by the dayak. Wake-up Dayak! Put our stand on the Rock! Do it wisely!
Conclusion
Can we trust PKR or Anwar to handle this? He has his own political agenda, his genuineness to help us over this issues are questionable. Has he really change? I hope the dayak who are now in his camp would not be fool by him! Don’t be a desperado dayak! Please rethink your mission!
It’s true the lands could be sold once given tittles with higher prices. Can amendment to law prevent this from happening?
In W Malaysia, they use “geran puteh” to prevent the sale of such land to “others” other than Malays. Surely that is a legislative matter.
Of course the land value appreciate. The onwership claim is tangible; it forms a commodity and maybe, as in the old days, bills of exchange.
But land with title offers a myriad of possibilities and due to that its value appreciates.
What is important for us to consider: Is this in the best interest of the “power-here-in”? Suddenly thousands of Ibans are made thousand-aire and million-aire. It is no longer a socio-economic issue. It has become a political threat itself. Ahh… I think it has a lot to do with this.
Mr Gideon J asked us not to be “fool” by Anwar Ibrahim why? What worse thing can Anwar do given the fact that Dayaks are complaining under this present regime? I still cannot grasp that political logic. If he can’t solve our land issue, ok status quo. But suppose he can do just an iota better? Suppose he listens when we whisper? Right now we shouted, we complained, we go to court – who is listening, man?
Answer: Geran Puteh.
Oh, there is such thing as Geran Puteh in SM. Piak ya neh.
Mostly those Dayak lands are outside town areas. These won’t appreciate so much I guess. Say 10 acres in areas such as Simpang KJD Road costs about 25k per acre (which is the last sold value) so 10 acres is about 250,000. Tang engka bala amat2 maoih tanah nyo beratus ikar kini.
Rega tanah NCR ngau NL baroh agi aku pelaba ke.
Duit nyak pan nadai mesa kini.
When was the tiang pol or tin merah made? Was it during Stephen Kalong Ningkan, after which it was stopped adn the grant not issued?
No land titles for Dayaks yet, so that Taib can still take Dayak land
JS, yes that was 40 yrs ago, I suppose – so Ningkan’s era.
Just something to think about: Rejang Basin land is almost 100% Iban-owned (other than those within vicinity of towns). Rejang basin produced some of the most powerful Iban leaders. Yet, road nadai, titles enda oleh di gaga. Suppose they can issue titles to these land, and then build roads into this basin, it has a huge socio-economic impact among the Ibans.
Ngenang pengawa tuai Iban from Rejang Basin ngasoh pedis pala. Nyamai agi enda iboh di sebut.
Nothing we can do to our land if barisan nasional policies stil right now. we leave behind..behind..and behind. our new leader please stand up and and motivat our rural people about ketuanan dayak. Open their eyes to look the future.
Deo, vote out present leaders, especially Jabu the Irrelevant
Enti Tanah kitai Dayak diberi Land Title, MERAH mata bangsa bukai laban kitai Dayak will be Instant Millionire (Jutawan) . Enda salah nyual siti dua tanah ke bisi title kena ka pukuk berdagang.
Kisah benar….
Last nite i hv a good conversation with an uncle from Rh. Ngindang (formerly Rh. Ngali) of Selagoi, Labang. He conveyed to me that the so called compensation for a hectare of NCR Land is RM700 (RM300 p.a.), RM10.00 for matured rubber, RM5.00 for smaller one (above 4 inc. diameter) and none for those below 4 inc. diameter. The operator, SOP.
He agreed as others also agreed. The land has been cleared, but the compensation hasn’t.
My advise to him, to get the other victims, go n see YB Chew instead of BN ppl. Thereafter he may bring the matter to the press just liked d one in Bekenu.
Otherwise go and see lawyers directly. Recommended Musa or Baru Bian as they have previou xperienced in NCR matters. Do not know these 2 lawyers personally… info n read from papers, mlj.
Looking for similar victims in the same area…
Legal, moral victory for Iban community
Tony Thien | Oct 21, 08 2:11pm
The Iban community of Sarawak recorded a major legal and moral victory when the High Court in Bintulu ruled in their favour in a case involving Native Customary Rights (NCR) to land.
The court yesterday upheld a magistrate’s decision to reject a criminal charge against 14 Iban from a longhouse in Bintulu Division Rumah Nor, for allegedly occupying state land illegally.
baru bianAfter hearing submissions by their lawyer Baru Bian (right) and the deputy public prosecutor, judge Sunggau Gunting rejected the prosecution’s appeal against the lower court’s decision.
The judge said doubts had been raised as to whether the 14 had committed a criminal offence under Section 209 (1)(a) of the Land Code of Sarawak on May 20, 1998, when they allegedly occupied ‘without authority’ the state land within the proposed Bandar Samarakan township.
Baru Bian later told Malaysiakini that the High Court’s decision was not a surprise because NCR claims can extend to state land.
The group was charged in the Bintulu Magistrate’s Court on Feb 29, 2002. They claimed trial on grounds that they held NCR for the area where they had built farm huts. They said this was within their pemakai menua (territorial domain).
gavel justice judiciary lawDuring the proceedings, their lawyer cited a related Court of Appeal judgment in the Nor Nyawai civil case. The respondent lost the case, but the court recognised that parts of the contested land was under NCR and therefore should be accorded to indigenous peoples.
The Nor Nyawai judgement reads: “The balance of 17,227 acres is not contested by the appellants (therefore should be considered) as being under native customary rights.”
During the criminal trial, the 14 accused maintained that their huts were built within the stipulated area, although a prosecution witness had disputed their claim.
The testimony did not distinguish the NCR and non-NCR areas sufficiently for the magistrate, who then freed the accused without calling for their defence on May 25, 2006.
This led to the prosecution filing an appeal. However, after yesterday’s decision in the High Court, there has been no indication of a further appeal.
Since being freed, the 14 have sued the Sarawak government for malicious prosecution and for damages due to demolition of some of their huts.
According to their lawyer, the civil case is pending in the Bintulu Sessions Court and is expected to proceed soon.
NCR Justice – thanks for informing us, friend.
Another national news today: Another RM144 million given to FELDA settlers beside the RM41 million given before Puasa. DPM, also Finance Minister assured all oil palm FFB would be purchased by FELDA at fixed price regardless of the international CPO (now RM1,5XX).
Hopefully that assurance given to our Oil Palm planters in Sarawak. Rural Dev. Minister Sarawak, over to you.
Dayak pls wake up. We need reform. Our NCR rob by the CM and his corniies. All projects also channel to his family members and relative.
So, what the heck is this? Wake up.
So that the Cina and the melano could take it from the us..as wat happen in batu niah..wat did anyone do?nothing kan?so than the iban mentri could get the land for thamself too..so wat did anyone do?NOTHING…even the very small issue no one of the iban can settel it…if u say yes please give me one…
Dlinks, R u frustrated?
js
am not…just point out my view which someone done like because it’s a fact.u no it is…
u ever come to miri c the big house n who does it belong too?n how in the world there got it?n also all over SWK.n yet the IBAN which stay bak tanah aki nenek from generation….had nothing just claim that it thier…