State government: Protector or robber of NCR land?

16 Responses to “State government: Protector or robber of NCR land?”

1. PRS Minus PBB on March 9th, 2009 11:25 am

   Good comment, Jang, quite true about this Palau speaking through his nose

   Dont get your land surveyed and titled because you will sell them off. Better you have no ownership over them or you just surrender to the gangs of Taib MadMood, Awang Tanah, Jabu Sabun, then you are good loyal ones

   Big joke, Palau

2. Iban Katibas on March 9th, 2009 11:35 am

   Again it is pointless to present counter argument for this meaningless statement. The government is protector of NCR land – protect against what and who? If my respected MP could elaborate, maybe there are some areas we can discuss.

   The discontentment expressed so far has been against government-sponsored-approved-supervised projects affecting the NCR land. The NCR owners have not adequately been compensated – and some have no compensation whatsoever. Secondly in a JV with 60 leases, the there is no qualified title issued which could develop contentiously after expiry of the lease. In between a change of land-code may result in forfeitures of NCR land. Can our MP assure that his would not happen?

   As Broken Shield mentioned, there are countless court cases outstanding. This proves beyond politics that discontentment exists, unless our MP arbitrarily dismisses these legal disputes as insignificant; then of course we understand where his statement comes from.

   My MP may have heard of many cases where Dayaks sold off their land. This is the secret weapon, to be revealed on the last day. But again, this shows the weakness of our Dayak ADUN, the legislatures. ALL Dayak Land can be categorised as “Penukaran Hakmilik Terhad” as in Peninsula Malaysia. Why worry if one Iban sells to another Iban – at least he can pay off for his son’s education. You mean Iban students can have scholarships when accepted to the universities? Thank you then.

   On the other hand, I am willing to hear further explanation – how has the present State Administration been a protector of our land? From Day 1, Police reports intensified, Court Cases accumulated, non-payment dividends for JV, boarder disputes, longhouses removed – until today. In which areas had the government protected our NCR land?

   Over to you, my dear Member of Parliament.

3. orangluar on March 9th, 2009 12:03 pm

   The YB remarks smack his ignorance or plain apple polishing statements. from his head and not from heart.

4. Juni on March 9th, 2009 12:21 pm

   If Dayaks think that the BN is the protector of NCR land, than there is no hope for future generations.

5. Agom on March 9th, 2009 2:30 pm

   Of late, we have beard NGOs, Associations and even from the government side have agreed in principle to look matters involving government policies over native custiomary land. Mohd Naroden Majais said, giving titles to all NCL owners would be a massive excercise, meaning he was more or less agreed to the proposal, contrary to Nyalau`s sole idea. Nyalau does not take into consideration the hardships faced by the majority of dayaks in their battle over land issue in Sarawak, sadly landed some of them being treated like criminals by the authority while trying to prevent the intrusions into the NCL by logging and plantation companies.Some are too poor to engage lawyers to bring the cases to court.

   Only if the NCL are delineated, surveyed and issued titles could help the dayaks to get back their lands and to claim the ownerships. NCR lands are those lands which were created by pionering ancestors including the lands where the longhouses are built in Sarawak (inclusive in Lubok Antu where Nyalau live), otherwise the government may consider the longhouse dwellers are `squatters`.

   Aku enggai ninga orang madahka rumah panjai aku `rumah haram` tauka ` setinggan`.Biar bekikis bulu betis.

6. Admin on March 9th, 2009 3:42 pm

   Uji kita minta William Nyalau nya ngaga blog siti awaka kitai ulih ninga penemu iya sereta mega kitai ulih meri penemu kitai.

   Enti iya bejaku ba news paper, mina kitai aja ulih ninga penemu iya tang iya enda ulih ninga penemu orang mayuh.

   Nyadi nya tau ngasuh runding iya agi ba baruh tempurung kelapa.

   Kati iya enda sedar nama kebuah rakyat ngeransi diambi orang tanah, iya badu enda mih laban mayuh duit diberi Taib.

7. Tuai Rumah Sarawak on March 9th, 2009 4:33 pm

   Without the lands be surveyed and titled, do you dare to build your houses, plant your valubale vegetations, make good the necessary infra-structures on the lands (NCR) which you will continue to worry, day and night, year after year,as to when your property are pulled down or up-rooted.

   So, please Mr. YB/MP, tell us how the lands are protected and how we can feel safe and secured?? I also dont remember anything you have spoken in Dewan Parlimen, KL, all these while. The last item you cmplained about was to the retired government servants

8. Miss Kepayang on March 9th, 2009 4:57 pm

   Hai everybody, a very good afternoon.

   The moment of truth is near. PKR has decided on the candidate for Batang Ai, BUT will only announce it on Thursday, 12th March. So please stop lobbying instead focus on how to win the mind and heart of the voters.

   Nicholas Bawin had been appointed the Director of Operation /Cordinator but the candidate is..J- – – -. your guessed is as good as mine.!

   The above inform is from the mouth of a horse.

   HAPPY BLOOGING

9. Uchu Hawong on March 9th, 2009 5:25 pm

   Admin,

   Kada nya nemu switch on computer meh unggal Nyallau nya wai ke dasoh kitai ngaga kadiri blog. Mayuh endar urang ke tuai baka iya nya nyau enda nemu silok bilok internet.

10. Uchu Hawong on March 9th, 2009 5:28 pm

    Admin,

    Kada nya nemu ngaga blog kadiri empu unggal Allau nya wai. Enda arap endar aku meda iya nya muka internet.

11. Poor Dayak on March 9th, 2009 7:02 pm

    Dear Dayaks,

    First take Dayak Unity, second take Dayak Influents, Third take Dayak Language, forth take Dayak Culture, Fifth take Rumah Dayak, Six take Dayak weapon, Seven take Dayak high post, Eight take Dayak education, Nine take Dayak forest, Ten take Dayak river, Eleven take Dayak Race and Last one take Dayak Land (NCR). This is the BN hidden Agendas.

12. Tudip on March 9th, 2009 7:15 pm

    Natives claim land grab by consortium

    MIRI: Some 2,000 native folk from two settlements in interior northern Sarawak claim that a private land-development giant is using foul means to forcefully take over their ancestral land. The natives, from Sungai Tutoh and Long Panai in Baram district, located 300km inland from here, also alleged that the private consortium, which is involved in logging, oil-palm plantations and construction, is blatantly harvesting a totally-protected species of wood – the endangered Engkabang trees. Residents of these settlements, from the Berawan and Kayan minority ethnic groups, also alleged that the company had given money and land to certain leaders in the villages to “buy them over”. The natives have lodged a police report and also filed appeals to the state government and government leaders.

    Lundu Dayaks, Backed by Suhakam, Fight for Their Land

    A silent but effectual war has been launched on alleged fear and intimidation of the traditional Dayak Selako and Dayak Lara communities in western Sarawak in fighting against violations of their human rights, especially indigenous land rights.

    The communities have become ‘victims of development’ as lands they claim as rightfully theirs under native customary rights (NCR) have either been given to state agencies or private companies for logging or oil palm plantation and other development projects.

    The Selako and Lara communities, numbering about 12,000 and regarded as among the smallest ethnic groups, are found only in the Lundu district to the west of Kuching, capital of Sarawak.

    They are becoming increasing aware of their human rights, and are now active and vocal with the formation of a growing number of non-governmental organisations (NGOs).

    Through the NGOs, working closely with the Malaysian Human Rights Commission (Suhakam), they have been voicing their complaints about encroachment to their NCR land, damage and pollution to their water catchment areas and serious riverine siltation, among others.

    A Suhakam commissioner, after a visit to various sites affected by environmental degradation following continuous logging and plantation activities, said: “Development is supposed to make life better. Instead, it is making life worse for the villagers.”

    Logging at Gunong Pueh and Gunong Gading has been going on unabated for a long time – since 1963 when Malaysia was formed. There is stark evidence to show degradation to the environment, with the most obvious being two rivers – Perunggang and Semapu – which have suffered from serious siltation and a water catchment area to feed nearby villages.

    “Sungai Perunggang which used to be five feet deep has almost dried up, and it has affected even an important source of protein with the fishes disappearing,” Suhakam commissioner Prof Hamdan Adnan told accompanying reporters after a visit to Lundu recently at the invitation of a local non-governmental organisation (NGO), the Peruggang-Stukit Land Action Committee.

    Angry and frustrated

    At a dialogue session in Kampung Keranji, Ketua Kampung Singking anak Tagoh of Kampung Serayan Ulu told Hamdan and another Suhaman commissioner Dr Hirman Ritom Abdullah from Sarawak that “because of hillside logging, trees are dead, animals are dead, rivers are dead and I think soon we will all be dead.”

    Speaking in an angry and frustrated tone, the 63-year-old Selako village chief who said he was prepared to lose his position for speaking out against the authorities, appealed for all logging activities to be stopped immediately to avoid a further degradation of the environment and causing more hardships to the local people.

    The Suhakam commissioners were invited by the Perunggang-Stukit Land Action Committee, headed by Rahman Matu, the Kampung Keranji deputy chief, which has a population of about 250 people.

    During the dialogue, attended by about 50 people from 14 Dayak Selako and Dayak Lara villages in Lundu, Rahman announced that a Perunggang-Stukit Bureau headed by him had been formed to defend their human rights, especially their rights to property, sources of livelihood from the land and to ensure security in the area.

    He explained that the bureau would act as a bridge between the villages and the authorities and companies issued with either logging permits or leases for oil palm plantation in order to find amicable solutions to existing problems.

    According to Rahman, several ketua kampung (village chiefs) and representatives from the 14 villages had met on April 15 and agreed that each kampung would send 10 representatives to the dialogue with Suhakam commissioners.

    However, it is learnt that many ketua kampung and others had stayed away for fear they might lose their positions if they were seen as going against the government on the NCR and development issues.

    Company pulled out

    In their struggle for their lands, many of the villagrs had warned plantation companies against encroachment by erecting signs on their NCR land along main roads.

    One, in Bahasa Malaysia, read : Kami minta pemaju memberhentikan penerokaan di kawasan kami degan segera (We request the developer to stop land clearance activities on our land immediately)

    It is believed that a joint venture company, Sara HL Plantations Sdn Bhd, involving the Sarawak Economic Development Corporation (SEDC) and a Johor-based group of investors had already stopped their activities and pulled out from the site at the end of last year.

    The Johor investors are now said to be interested in negotiating directly with the NCR landowners, after a group of Selako NCR landowners filed a court action to seek a court declaration to annul the 60-year lease issued by the state government. Their lawyers are asking for a court injunction to stop all land activities. The court has set May 18 for the hearing.

    Another sign, erected by a NCR landowner calling himself Dr Lorend, said: Pemaju tidak debindar kan meduroka tanah ataupun damun jikalau tidak ada pempasan atau bayaran atas tanaman dan tanah kami (Developer is not permitted to clear land or trees without making any compensation or payment for crops and our land – Dr Lorend)

    A total of 14 Dayak Selako and Dayak Lara villages are effected by either logging or plantation activities that also involve government agencies mostly in joint ventures with private companies.
    They are Keranji, Serayan Ulu, Serayan Hilir, Semapu, Judin, Sebako, Sebiris, Tubaro, Jempari, Sedamak, Sedaying, Tanjam, Opek and Jangkat.

    Silip Jahiri, a representative of Kampung Sebako, urged Suhakam to use its office to call on the state government to carry out an urgent survey of NCR land to avoid continuing conflicts on the ground.

    Ketua Kaum Bakar ak Tijor of Kampung Sedaying in Lundu-Biawak Road said inspite of the areas around the villages having been declared protected forest by the government in 1952, companies had taken over a large area for oil palm plantations in recent years.

    The estate is right at the door-steps of Kampung Sedaying, and KK Bakar claimed the villagers have no idea at all about what was going on.

    “We’ve never been consulted nor have we benefitted in any way from it. The estate is said to employ mostly Indonesian workers.”

    A sign-board outside the entrance to the estate reads: Ladang Abadi Utama Sdn Bhd, Jangkar Realty Sdn Bhd, Sykt Ladang Dafa Sdn Bhd , PO Box 6, 94507, Lundu, Sarawak

    Villagers told malaysiakini the plantation companies first moved into the area nearly 10 years and have already harvested the fruits and are expanding the acreages “causing much concern and anxiety among our people.”

    Suhakam wants dialogue

    Hamdan said after the site visit that the authorities should require developers not only to carry out Environmental Impact Assessment (EIA) studies but also Social Impact Assessment (SIA) studies before granting any lease or permit for any land-related project.

    The land should also be properly demarcated before leases are issued, he added.
    Hamdan said Suhakam would call for a dialogue between the villagers and the various state government agencies and departments to find out exactly what is happening and to try and resolve some of the problems presently troubling the villagers.

    Under the Malaysian Human Rights Commission Act, Suhakam could compel government agencies or departments to attend and obtain the necessary information and co-operation to deal with any complaints on human rights violations.

    He said Suhakam was concerned about the quality of life which had been affected by new development activities on the ground.

    “As it is, the quality of life (of the villagers) has grown from bad to worse,” he commented, adding that it appeared they were getting ‘a raw deal’ without much of the basic facilities being provided to them.

    He said during the dialogue at Kampung Keranji five issues were raised, including the right to property, the need to protect people’s livelihood, logging activities and the rights to compensation for loss of income and crops.
    “What we’re witnessing is what could be described as a plundering of their property, and sadly it is seen to be continuing,” Hamdan told reporters.

    United Nations Declaration on the Rights of The Indigenous Peoples

    Adopted by General Assembly Resolution 61/295 on 13 September 2007

    The General Assembly,
    Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter,

    Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such,

    Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind,

    Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust,

    Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind,

    Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests,

    Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources,

    Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States,

    Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur,

    Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs,

    Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment,

    Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world,

    Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child,

    Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character,

    Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States,

    Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights,2 as well as the Vienna Declaration and Programme of Action,(3) affirm the fundamental importance of the right to self-determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development,

    Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self-determination, exercised in conformity with international law,

    Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith,

    Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

    Emphasizing that the United Nations has an important and continuing role to play in promoting and protecting the rights of indigenous peoples,

    Believing that this Declaration is a further important step forward for the recognition, promotion and protection of the rights and freedoms of indigenous peoples and in the development of relevant activities of the United Nations system in this field,

    Recognizing and reaffirming that indigenous individuals are entitled without discrimination to all human rights recognized in international law, and that indigenous peoples possess collective rights which are indispensable for their existence, well-being and integral development as peoples,

    Recognizing that the situation of indigenous peoples varies from region to region and from country to country and that the significance of national and regional particularities and various historical and cultural backgrounds should be taken into consideration,

    Solemnly proclaims the following United Nations Declaration on the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect:

    Article 1
    Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights(4) and international human rights law.

    Article 2
    Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.

    Article 3
    Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

    Article 4
    Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.

    Article 5
    Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

    Article 6
    Every indigenous individual has the right to a nationality.

    Article 7
    1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
    2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.

    Article 8
    1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
    2. States shall provide effective mechanisms for prevention of, and redress for:
    (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
    (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
    (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
    (d) Any form of forced assimilation or integration;
    (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

    Article 9
    Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned. No discrimination of any kind may arise from the exercise of such a right.

    Article 10
    Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.

    Article 11
    1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
    2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

    Article 12
    1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
    2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

    Article 13
    1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
    2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

    Article 14
    1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
    2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
    3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.

    Article 15
    1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
    2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

    Article 16
    1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
    2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

    Article 17
    1. Indigenous individuals and peoples have the right to enjoy fully all rights established under applicable international and domestic labour law.
    2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of education for their empowerment.
    3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.

    Article 18
    Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.

    Article 19
    States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

    Article 20
    1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
    2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.

    Article 21
    1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
    2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.

    Article 22
    1. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.
    2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.

    Article 23
    Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.

    Article 24
    1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.
    2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.

    Article 25
    Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.

    Article 26
    1. Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired.
    2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
    3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.

    Article 27
    States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.

    Article 28
    1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
    2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.

    Article 29
    1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for indigenous peoples for such conservation and protection, without discrimination.
    2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
    3. States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.

    Article 30
    1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
    2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.

    Article 31
    1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
    2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.

    Article 32
    1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
    2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
    3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.

    Article 33
    1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
    2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.

    Article 34
    Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.

    Article 35
    Indigenous peoples have the right to determine the responsibilities of individuals to their communities.

    Article 36
    1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
    2. States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.

    Article 37
    1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
    2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.

    Article 38
    States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.

    Article 39
    Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.

    Article 40
    Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.

    Article 41
    The organs and specialized agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.

    Article 42
    The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialized agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.

    Article 43
    The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.

    Article 44
    All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.

    Article 45
    Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.

    Article 46
    1. Nothing in this Declaration may be interpreted as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.
    2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.
    3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.

13. Tudip on March 9th, 2009 7:29 pm

    Agi idup agi ngelaban.

    Land grab do happened in Laos, Cambodia, Vietnam, Thailand and here. It is a trend….so called modern piracy.

    Kick the fella who cheat you.
    Vote for change. Only you can change.

14. Batang AI supporter on March 9th, 2009 9:43 pm

    Nyalau may be an Iban and now an MP but I don’t think he has the right to speak for me and other concerned Dayaks on land matters. Also I don’t think he has good understanding of NCR land and the land code nor does he understands and appreciates the pain experienced by Ibans and Dayaks in general when their land are grabbed by the state government or provisional lease holders right before their very eyes.

    I am not sure why he said what he said in the newspaper ” If NCL land are delineated, surveyed and issued title, chances are high that their registered owners mostly Ibans will sell them off to the non-Bumiputra later on”

    Is he saying that every Iban will sell their land once the titles are given? Nyalau you are insulting your own race! If other people are saying such a thing, as an Iban YB you should be angry. But instead you say it! Please for heaven sake, not all Ibans will sell their land. Ibans treasure their land so much; they toil the land, plant whatever they can and hopefully pass their land to their children and grand children.

    Indeed there are some Ibans who sell their titled land to the non-Bumiputra. Some of them sell the land not out of fun but as you mentioned because sometimes life is hard. So much for the Politics of Development and the oil palm scheme ventures. They need to survive like you and me. They need to send their children to school, universities or build decent long houses. But let me tell you Section 8 of SLC prohibits sale of NCL to non-Bumiputra. If sales have been transacted the transactions are null and void. So how can the Land & Survey allowed such transactions. Or are you bluffing?

    Secondly, I am not sure whether Nyalau’ is aware of the many cases where longhouses have no choice but to go to court in spite their limited financial means to defend their NCR lands from being taken by the state government or private developers. There are almost 200 of such cases pending in court. Is that an act of a protector?

    Nyalau is either naïve or ignorant of the problems faced by the Dayak and Iban in Sarawak. This is the quality of our Iban YB…What a pity!

    PKR – please help to explain the stand of PRS on NCR land to the people of Batang Ai!

15. oA on March 10th, 2009 8:52 am

    .

    too little too late … and it seems that either way, the ibans are gonna get screwed.

    politicians aligned with bn are highly paid liars whose only real concern is to fill their pockets with money and nothing else.

    .

16. Apai Endu on March 10th, 2009 12:52 pm

    Let me tell the whole world. If any of the YBs bother to read this at all!. I have one case for all to see>
    Seatex Plantation was established in 1982> The Board of Directors at that time was douglas Uggah, Empiang Jabu & Jabu himself and some other PBB strongmen.This land was just simply developed by Jabu and his group without considering us the real land owners at all .We demand compensation but until now that land acquired by them were not paid at all. The most superising thing about this issue is that some Tangap people were compensated and some are not. However, the Saeh people were not paid until now. The land acquired by this group belong to Tangap & Saeh residents. Why paid Tangap but not saeh?
    YB Tan Sri Datuk Jabu anak Numpang no longer the owner of that Seatex Plantation. As of now, Datuk Loh of Semanjung is the owner> Why develop the land and sell it later on? I belief that they developed it hoping to sell it later. So this is the way YB making money?? Who jadi mangsa?

    Now the current issue affecting the Saeh people is the PL-938, which is issued by the Resource Ministry without proper consultation. Seatex is taking the eastern part of our land while PL-938 is taking the western part of our NCR land.Despite efforts to persuade the state government not to take the lands, the Ministry of Resource’s Permenant secretary just issued the PL-938? to the Chinese group. If that is the way things are done in Sarawak,we the ibans will become landless. If any of you, YBs,Tan sri, Datuk-Datuk ever bother to read this comments-just think how if this happen to you?Politics is not a place to enrich yourself-it is a place to for you to fight for the raayat.

    I don’t know much about laws. But the existing land laws is rotten to the core. It needs revamp and amendment to ensure the ibans are protected. These Land laws are “lapok”. It was scripted by the Colonial government which is no longer suitable for the present land owners. As long as the land Laws are not favourable to the ibans, the government will face an uphill battle to invite the ibans to it circle of unity. We will always fight to the end no matter what.

    For the ibans-please ensure that our rights with regards to our NCR are duly protected.Let us change the old politics and support whoever you think can help us to safeguard our rights.

    Kalau niat hendak masuk politik untuk mengumpul wang. YBs patut berhenti. Jangan makan orang punya tanah.Jangan rampas orang punya harta.

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