DAYAK LAND

Written by Seliong Ak Wau

BAU: Borneo Post 17th February:

“Assistant Minister in the Chief Minister’s Department Mohd Naroden Majais said yesterday it was not possible for the government to give titles to all native customary land (NCL) owners in the state. He pointed out that giving titles to all NCL owners would be a massive exercise that would result in the land (NCL) not developed to benefit the landowners.

However, he stressed that it would not mean that NCL owners would lose their rights over their land, adding that the Land Custody and Development Authority (LCDA) had been given the task to keep a record of the land and their respective owners.

“I can tell you that there are thousands of hectares of native customary rights (NCR) land, and to survey all of them and give titles will take years, and it will result in NCR land not developed.”

Lets start with this statement reported in Borneo Post. Summary:

1. Its not possible to issue title to all NCL land as it involves massive exercise and the land will not be developed.

2. Maintaining status quo does not mean the NCL land would lose rights over their land.

The subsequent report from Borneo Post said:

“Naroden, who is also Assistant Minister of Planning and Resource Management, stressed that the concept was misconceived and manipulated by the opposition, thus resulting in public perception that the government was taking away the people’s land.”

3. Any question about NCR, NCL and land titles are always associated with manipulation of the opposition; ie a political issue.

Can we leave this Borneo Post’s report aside for the time being and explore some simple solutions to the immediate problems. As mentioned earlier, these include:

1. Longhouses being bull-dozed or removed. To avoid this, all longhouses on NCR/NCL land must be provided with legal documents. Once the Tuai Rumah has been appointed, that longhouse is recognised by the District Office and its legality is automatically recognised by the issuance of legal title to the land where it stands.

2. Livelihood:
Longhouse dwellers survive on the surrounding land. Cultivations are rubber, cocoa, padi, pepper and other miscellaneous cultivation. They also rely on uncultivated land for timber, rattan, fishes, animals and other necessities and therefore surrounding lands must be protected. A radius of 20 kilometres surrounding the longhouse must be provided with legal titles.

(Members of this forum are free to give suggestion on how this could be done.)

3. As river is the main mode of transport, longhouse dwellers treat the land on both sides of the banks as their main source of land bank (menoa pemakai). These lands must be protected by issuance of legal titles. We can propose a distance of 10 km inland from the rivers.

4. Burial grounds: As suggested by fellow readers, burial grounds (pendam) are sacred and must be protected. (It is also a tangible proof of Dayak land ownership). To protect these “pendam” individual titles must be issued.

To ensure Dayak’s rights are protected, and the land perpetually in the hand of Dayaks, titles issued by contain adequate clauses. We let our Dayak lawyers to draft the terms in these titles, but as a summary, we can list the followings:

1. Limited Transferability:
Dayak land can only be bought by another Dayak. As we mentioned again and again, this is the practice on Malay Land in Peninsula Malaysia and it can be applied to Dayak Land.

As an explanation, in P Malaysia, Tanah Melayu (note: its not ”Bumiputera” but Melayu) can only be sold to another Melayu (not bumiputera). As an Dayak Iban I cannot buy Tanah Melayu land in P Malaysia.

2. To release the value of “Tanah Dayak,” the same land can be used as collaterals for borrowings with banks or other government agencies (e.g. SEDC). The banks are limited to GLCs banks, Agro Bank and Bank Simpanan.

This is a very significant factor that can shift the dynamics of social and economics in affected areas. The other significant factor is the construction of roads to Dayak lands.

Conclusion:

The above suggestions can answer every aspect of the Deputy Minister’s doubts over the fate of Dayak Land. There are many Dayaks who are experienced in raising funding and equally capable in supervising productive ventures in these Dayak Land. (I propose the use of NCR, NCL term be substituted with Dayak Land; it sounds very appropriate).

ADUN SITTING
The ADUN sitting is coming. If we can’t get a “friendly” ADUN to speak on our behalf, we can eventually condense our discussion into future ground of actions. This is not a political issue and neither am I politically motivated.

I leave it to this forum to improve on my suggestion.

Popularity: 17% [?]

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Comments

18 Responses to “DAYAK LAND”

  1. JJM Junior on April 19th, 2009 1:21 am

    Status quo, enti kitai ngemansang ke tanah ngena duit diri empu, tanah datai jalai>>> manah agi pelaba aku. Selagi kitai bisi betanam dia, ngaga projek dia, perintah enda ulih madah nya ukai tanah NCR. Lain lah ti state land.

    Kitai kena pegai perintah Melayu. Bisi bala nyebut, orang tu kelia nadai entu berimba baka kitai Iban laban pengidup sida enda sama enggau Iban. Melayu/ Melanau beguna ke ai (sungai & tasik) aja endur ngiga pemakai. Asai bisi tanah mimit endur berumah dah cukup….bira ulih nyuwi ari ujung bilik nibuh ngira agu.

    Diatu ke nadai meda bala laut berikat ba jelatung kitai Iban bejual empedi (undang gaga masin), budu, salai etc. Kitai meli utai sida tukar ngau padi tauka beras. Diatu dupah apai/ indai sida ka ngereja pengawa nya, udah berkuasa. Ti bisi kira berikan rindu ati aja.

    Kitai Iban, pengidup endang tak majak ke berimba sampai terpantup ba antara menua ngau rumah panjai siti, kadang2 beantara ke bukit, sungai, lebak, jalai tauka pun kayu ke besai.

    Beribu taun idup baka nya ulih meh kitai Iban ngiga pemakai selagi kompeni batang enda ngeruga menua. Tang ba dunya moden, sigi pedis laban anak Iban beguna ke duit kena besekula, dini bulih duit ba puak kampung enti enda nurun ke mengeri bejual tauka bekuli. The 2-way communication very limited ti jauh ba puak kampung din.

    Disadvantage iya, kitai lubah ngasai ke pemansang laban jauh ka dilanda, gaga ke jalai bekira 2kali perintah. As long as there is still a gap or barrier between that longhouse and the town agi ka tusah2 ka ngemansang ke tanah..maksud aku secara komesial

    Pulai ngagai topik datas, enti tanah kitai Iban bisi grant, aku irau kada ulih sampai 10 taun ngetan ke enda dijual ngagai 3rd party (Cina or bangsa asing). Melayu empai cukup kaya baka Cina, angka nya alai perintah Melayu enda setuju meri grant ngagai tanah NCR, enggai ke Melayu enda ampit meli tanah kitai Iban.

    Enti bisi 10% pulai ke Iban (tanah Iban jual ngagai Iban) udah manah enti grant dikeluar ke semua ngagai native ke bisi tanah diatu.

    Tanah endur berumah sigi patut diberi grant. Kadang2 kitai Iban take thing very easy, sengapa aja berumah laban tanah suka ati berimba, ko anak penemu, pama iya kampung tau magang.

    Siti aja advantage bisi grant ngambi enda carut ba antara, nyamai magi ngau diri menyadi. Tang dalam beratus taun ke ka datai, berapa iko agi bisi beempu ke tanah aki/ini kitai kelia?

    Ba aku, status quo pan manah. Enti perintah ka meri grant pan manah, sapa ke enda tetan ke tanah diri empu, dijual ngagai 3rd party, kediri empu ga nusu tunjuk jemah ila. Udah maioh chunto kitai Iban bekuli ke Cina ba tanah aki/ini diri empu. Sapa salah, nama meh nyual tanah enti ke kena bebini?

  2. Seliong ak Wau on April 19th, 2009 8:02 am

    JJM, I stil cannot see how Dayak Land, once issued with titles can be sold to a non-Dayak. Since day-1 I joined the work force I’ve been dealing with “Geran Puteh” assigned to Malay Land. I’ve met District Officers over the status of Geran Puteh. In business, I’ve rented Geran Puteh. But Geran Puteh is forever in Malay’s name.

    3-4 years back Dr James uncovered a scam whereby Dayak land was transacted by Non-Dayak. There possibly an inadequate clause printed on the title or alterntvely, the intergrity of the land officer/district office is in question.

  3. Papong Engkilu on April 19th, 2009 8:52 am

    Masau penemu besaut enggau JJM JR. Penemu iya ba tanah NCR baka penemu Nyalau anak Badak. Nyamai agi ga iya meda tanah enda disukat ngambi bala Taib bala Babi bukai nyamai bejual ke tanah bala Dayak.

    Manah penemu nuan nya JJm Jr- Manah agi tanah NCR dayak enda disukat laban takut ke orang ke be empu tanah nya nyual tanah sida. Tang enti bala Taib bala Awng Tanah nyual tanah bansa nuan ke enda bepala baru manah, enda pia JJM JR?

  4. Papong Engkilu on April 19th, 2009 9:00 am

    Di Malaya din, Malay reserved land is untouchable, whatever to say nyual tanah sida nya ngagai bansa bukai. Ba penemu aku, tanah NCR dayak patut nitih ke policy tanah bansa melayu di Malaya- untouchable and untransferable by/to others.

    Nyema perintah besai/ federal govt betukar enda lama agi, kitai Dayak mesti minta policy tanah bansa asal di Malaya dibai ngagai menua Sarawak. Tu aja chara sepi aku jalai kitai nan ke tanah bansa asal. But before this can happen WE MUST CHANGE THE GOVERNMENT first- very difficult tasks but is not impossible.

  5. JJM Junior on April 19th, 2009 10:17 am

    Seliong & PE,

    Sorry, I am not aware of “geran putih” ba Melaya. Enti amat ka nyadi gaga baka nya, sigi manah.

    Semua kitai orang Sarawak mesti setuju ke “geran putih” forever belong to the owner, untouchable, munyi ko PE.

    But mind you, enti seduai pulai ngagai Sarawak, tiki dulu opis Land Survey, check for yourself the record of NCR Land that had been issued with titles sold to Chinese.

    Ba menua Sibu jalai Oya, Jalai Durin, 90% tanah kitai Iban ke udah diberi title DIJUAL ngagai Ah Chung, Juta6 ekar pemaioh udah diempu Cina. Enti seduai meda bala Iban gawa dia, ukai gawa ke iya empu, gawa ke towkay bansa Cina, makai gaji bebelas ringgit ba tanah diri empu.

    Nama2 policy ke tau ngetan ke tanah asal kitai bansa, aku tetap nyukung, enti iya terpaksa bertumpah darah, I will rally my support, ngasuh bala menyadi, kaban aya sama ngetan ke tanah NCR ktai.

  6. JJM Junior on April 19th, 2009 10:53 am

    Seliong,

    You should prepare the paper on how native in Sarawak could have the same land policy with Malaya, the “geran putih” forever in native name.
    Distribute the copies to seminar participants

    Take advantage of the new PM (Najib) slogan, Satu Malaysia (1Malaysia)”. The rules or acts for land policy (issuance of land titles) should be the same for West & East Malaysia. Standardized Land policy, satu Negara satu Bansa.

  7. Seliong ak Wau on April 19th, 2009 1:57 pm

    The transaction of NCR land by non-Dayaks is something else. If the land code is right, then Ah Chong Ah Beng bought the land at their own risks. This is indeed a case for the land office, land minister and the courts (subequently the MACC) to handle.

    I have close Foo Chow friends from Sibu who refrained from buying Dayak land because they knew it was illegal.

    So there are two groups now: Those who break the law and get away with it and those who follow the law. This is beyond land reforms or land ownership. So we have a glimpse of what actually happen to our land –

    1. with “titles” can be tansacted by others,
    2. without titles can be leased for 30 or 60 years without any meaningful returns as well.

    Its exactly what we used to say: “Do it we die; don’t do it, also die.”

  8. Iban Abroad on April 19th, 2009 10:12 pm

    Dayakbaru,

    Enti atur ngadu ka tanah NCR bansa Dayak bedau chukup ko mensia maioh, tangguh ka dulu meh projek dia, nama banggat mejal ngaga nya. Iban bedau keburan makai enti projek nya enda digaga. Iban mega bedau semesti nya maju tauka nyadi jutawan/koperate enti projek nya dipejal digaga. Nya jako patut pansut ngagai BN kediatu.

    Nadai penyalah tanah kitai disukat, misal nya tanah menoa nya ka ngaga Hydro. Sukat tanah ke kena laban projeck nya lalu duit kena nyukat iya masuk dalam ungkus kena ngaga hydro. Gaga ka title NCR ke enda tau tukar ngagai orang bukai.

    Jako Land and Servuy ke nyimpan pesaka tanah NCR ke udah kena hydro enda disukat, nya jako bula, laban di Wong Irup udah ka tanda. Bakatu sekali meh jako perintah suba tang diatu, nama deh. Bakani ko perintah nyimpan tanah NCR nya enti nadai besurat lalu nadai betanda.

    Diatu kitai bisi kumputer ke changgih kena nyukat tanah enda ibuh nurun ke tanah. Ngena area kod. Nya kumai orang semi-survey. Kati chara tu enda oleh dikena ba Iban. Semoa Dunya ngena charatu diatu. Aku takut jaku ngerari ka tanah disukat nya jako ka bisi bau nipu.

  9. Panjai Runding Panjai Ruai on April 20th, 2009 2:42 pm

    Perintah BN enggai nyukat serta meri pala tanah asal NCR.Bala Tuai Dayak dalam BN enggai nyebut pekara tanah kitai bansa.Sida semina nitih ke pengawa Tuai sida ka MUNAS tanah NCR kitai.Bala kitai nadai jalai bukai ka berunding ka Adat Tanah,semina ngena jalai nukar perintah BN serta muai bala pengari kitai Dayak dalam perintah BN.

    Nadai jalai bukai TUKAR PERINTAH,TUKAR TUAI PENGARI BN ti enggau orang ngemeli ka kitai Dayak di menua Sarawak tu.

  10. nadaiparti on April 20th, 2009 4:49 pm

    Panjai Runding Panjai Ruai,
    stuju amai aku penemu dik.tapi sampai bila nganti.kada enda bisi udah berumpang dunya baru kini kitai tu.
    NAMA ENTI D TUNU KITAI TANAH KITAI KA D AMBIK SIDA YA.ULIH BAKA NYA UNGGAL.

  11. Meramat Tajak on April 20th, 2009 6:03 pm

    Seliong,

    Excellent article. My comments:-

    1) The NCR Land should be given title because in essence that will acknowledge the rights of the Dayak to their inherited property which had been in effect well before colonial time, and was acknowledged in the colonial administration although not to the extent of individual land title.The rights to the ownership and definitions including boundary, were well established within the native courts(tinting,lebak,anak sungai, munggu etc).The rights predated the formation of Malaysia. How the rights had been diluted, and chipped away overtime is a testimony of the weakness of Dayak leadership to recognise this.

    2) The Borneo Post article,as usual always fail the reader. If it had been a bit more investigative in nature, it would point out that Dayak themselves are not allowed by law to hire private surveyors to obtain their land title. No one is suggesting to use public funds to conduct land surveying activity. The present generation of Iban people in the longhouse is capable to bedurok, to dig out moats, if necessary-to delineate ownership of their land. But the law, for some reason expressedly prohibit it.

    3) While its urgent to survey those lands that have been planted with commercial crops and those that the current law expressedly recognised as having been created by virtual of the farming activities, its important to maintain the original definition , as you have mention-to include pemakai menoa, and according to the aerial survey in the 1960s.If the definition is diluted, then more will be lost.

    4) On the commercialisation of any given land that has been provided with title, I tend to think in the opposite direction. This will be a long paragraph-hope people have the stomach to read it.
    To me, the individual landowner must have the right to do with the land as he so please.In fact,after the land title is issue, I have no qualms if the individual choose to participate in oil palm plantation, jatropha etc. The individual will have full legal rights, and be in a position to negotiate for best market prices when leasing or selling out the property.Absolutely nothing wrong if the individual wants to sell a few bidang of his land-even to “oversea” investor from Semenanjung or Singapore (if the law permit it).
    By doing so, the surrounding land will increase in value.In this model, the government or any of us, should not be over protective of NCR land.If the objective is to commercialise NCR land,then unleash the free enterprise. In fact, the government and NGOs will have less to do and say, but to monitor and provide standard-of-the-shelf investment incentives.This will remove the middleman brokers who somehow manage to sell NCR land anyway, and to later give that land away to connected corporations, sometimes through coercion and physical harm. I believe this model should prove favorable to our rich Chinese brothers-and some may actually be honest investors.Will do a lot for that 1Malaysia, if individual(not just rich corporations) Chinese farmer, is also allow to lease or purchase ex-NCR land, and work alongside the Dayaks.
    Bottomline: I don’t buy the argument that Dayaks ought to be protected from selling their properties-its a patronising concept even if the motive is sincere (and from observation, we know thats far from the truth).

    5) By issuing land title, via active participation of the NCR landownership and Dayak leadership themselve, the potential social problem of land inheritance will also be solved. When a land is surveyed, long house folks will tend to quarrel and squable about land boundary.This can be solved creatively by providing simple rules for local TRs and maybe a Tribunal of the elderly people to resolve.Many people in the long houses share the same forefathers, that often gave rise to simmering land dispute. A survey a la gotong royong e.g by letting the land owner to ngerintis between bidand tanah themselves, then to invite surveyors to lay the markings, when its done; will not incur much public fund.Besides, creating orderly conversion to marketable properties, the effort will have positive social impact.

    If I can believe all the postings I’ve read on the Internet on NCR issues, its clear to me that the current policy should be changed; first by rolling back the unhelpful previous amendments to the law, second accord full rights of ownership, third runs the program like any free enterprise i.e without political prostitution and predatory characters out to profit unethically from NCR land.

  12. Seliong ak Wau on April 21st, 2009 10:02 am

    thanks for all the comments.

    I am still waiting for the details as per Tan Sri Leo Moggie’s comment in the recently concluded DCCI’s meeting in Sibu. Any DCCI members reading, please post the details in DCCI’s website.

    If DCCI can offer a workable alternative, we could work something from their angle. My idea is to have a more amecible approach on NCR, CCL issues. Thanks again.

  13. Meramat Tajak on April 21st, 2009 11:17 am

    Seliong,

    Looking forward to the DCCI alternative. For reasons already stated, I’m not in favor of keeping NCR land ownership within the Dayak communities especially as it is often used by some as argument-pretext to withhold issuance of title to the rightful owner.Also,via assignee and legal representation,its always possible to effectively transfer ownership: your Foo Chow friends should know this.

    I reserve the right to disagree with you on this one,until there is compelling argument for it.

    And for what its worth: if the DCCI has develop alternative proposal on NCR, my call to them is to get other Dayak stakeholders on board before engaging with the government and other powers that be.

  14. Apai Endu on April 21st, 2009 11:18 am

    What rights has the “kementrian Sumbar” issue Provisional Lease just like that?In my area, PL is being issued without consulting the land owners.
    Bila bangun pagi namapk tanah sudah di issue PL?

    Is this a scheme designed to weaken the Ibans to ensure that they are perpetually poor?

    Why the Ibans are left to rot like that?
    Why the Ibans are hopeless against the Land Code?
    Why they never suceed in their court case on Land Issue>

    Mana YBs orang Dayak- Are you “the Dead Woods”?
    Masing, Mawan,Entulu,Sallang,Jabu, Uggah,Etc- Apa kamu dapat buat-Tidur???

  15. Seliong ak Wau on April 21st, 2009 12:35 pm

    meramat tajak, you are right. Right now they are using proxies. That is the only means this is done. I faced this personally.

    Just for discussion, this is the modus operandi in ownersip of shares in KLSE-listed companies but the KLSE and Securities Commission came heavy on any suspected parties.

    So the question remain (Dayak Land): is this legislative matter? Has crime been committed? No. Having proxies to own Dayak Land is a different issue altogether and there are various parties to check and control this.

    Apai endu: Let’s not get politics involved in our discusson. As I said, let be more amicable for more positive things.

  16. Iban Abroad on April 21st, 2009 7:39 pm

    Dayakbaru,

    NCR is very simple idea. British Colonism can recognise our land as Dayak land, when we independent thro Malaysia, BN cannot recognize NCR land. what is this. The thing beside it is NIPU. Penemu nipu is penemu kepapas, penemu ngerumpak utai orang. Penemu nya ke patut dilaban kitai. If BN do think more than that, prepare to fight, no other way. Cost perumpak is never end and never give and take, they will keep on merompak. Forest has been losing product and YB no place to makan, only leave is Dayak land and river. Go to outside world invest in foreign company BN Sarawak do not know, I wish to challange them to join me do business coporately outside Sarawak. Below is one way how the perompak take NCR land.

    Survey land is very easy and cheap base on stalite computer – a new computerize technology base on degree (Long & Lat), we can use it as a pre-survey to identify the area by degree before form it into official.

    ………………………………………….

    NCR Land 320.08 Acres with 135 Acres planted

    Posted on April 11, 2009 in http://www.mudah.my Web Site.

    Price: RM 1 200 000 Size: 320 Acres
    135 Acres cleared n planted with 1000 tress of oil palm for 4 months old n sell all together with Sdn Bhd company. With excess road n +/- 3 km from main roads. Selling Lump sump RM 1.2 Mil.
    ………………………………………………………………………………………………………………………………

    Dayakbaru,

    This is one way the BN make money from NCR land, merompak Hak Tanah Dayak. Take the above example.

    They get the land from Dayak and sell to local investor with cheap price, average price 300 Ringgit per acres. After the local investor buy the land, they develop half of it with Kelapa Sawit and after that they sell to outside investor thro established web site like this with a high price; 3,750.00 Ringgit per acres. When they sell to outside investor then the YB get Rian Runtuh. Outsider offcourse very interested for this land cost 3,800 Ringgit per acres is still cheap, international rate is 20-30,000Ringgit/acres after they coverted to survey land with computerize, this is not include official survey and title. Local investor may join with local YB to buy the land with cheap price and use bank loan.

    The Local investor buy this land 320 acres = 300 X 320 = 96,000 Ringgit.

    Local Investor sell to Outside Investor = 1.2 Millions. Let say they spend to plan Sawit for 135 acres another 50,000 Ringgit. Total cost is 145,000 Ringgit.

    Local Investor and YB profit = 1,200,000 – 145,000 = 1.06 Million Ringgit.

    Dayak lost from the land = profit /acres = 3,000 Ringgit per acres.

    Imagine, estimated 10,000 Acres of Dayak land wrap by BN per year will cost Dayak lost 30 millions Ringgits per year.

  17. Meramat Tajak on April 21st, 2009 10:14 pm

    Seling,JJM:

    I may be restating the same points again,but just to be sure I understand clearly where we differ in our views on NCR land, I’ll bounce it here again:

    Ownership and Rights

    If NCR land has been issued with title, it should cease as a NCR land, and the owner, like people in any free society, should be free to decide for himself what to do with it. If he becomes a pauper as a result of overselling, then he only have himself to blame.

    Of Crimes and Syndicates

    If the land is somehow sold off, not by the legitimate owner but by a crime syndicate-perhaps abetted by crooks in the land survey office, then its a crime regardless whether it was a Dayak land or not, in the first place.

    Legislation or Amendments to Land code

    It would be wrong to think that more legislations or amendments to the land code (e.g “geran putih”)-will be able to preserve and protect Dayak land, in the interest of Dayak future welfare. Who will protect the weak Dayak from a predatory Dayak out to make a quick buck ?

    The Urgency to Issue Land Title to NCR Land

    It doesn’t take a genious to recognise this: the Dayaks sit on a pile of gold, in so far as having vast tracks of land, thanks to their hardworking forefathers. But most Dayak landowners are poor, illiterate, and have little understanding of the law. As land for food production and for other commodities becomes scarce, the weak Dayaks will not be able protect their land and be scammed and screwed, any which way.

    How Best To Protect Dayak Rights to NCR Land

    If land titles to NCR land can be issued urgently, and the land survey department gets to be modernised (where land titles are stored electronically and digitize to protect against fraud), Dayak NCR land will be easier to protect from scams and crime syndicates, such as those you have mentioned, and those bound to occur much more aggressively in the future.

    Alliance with the Rich and Powerful Brothers

    If Ah Chong and Ah Beng is allowed to acquire a titled ex-NCR land legally, then there won’t be room for crime syndicates. Ah Chong Ah Beng,may actually become an ally to the Dayak to get the government to issue land title to NCR land owners.
    Ah Chong and Ah beng will no longer need to pay huge amount to the “powers of attorney” or proxies, and sycopant types to handle the transfer of ownership.

    Conclusion

    If there is any law prohibiting non-Dayak from buying a Dayak land which has been issued title, then the law should be revoked or amended. In tandem: NCR land must be issued title urgently, to avoid the specter of more serious crimes from being perpetrated against weaker segment of the Dayak population in the not to distant future.

    I will appreciate your feedback.

  18. Seliong ak Wau on April 22nd, 2009 3:43 pm

    Treatment of Dayak land.

    How to protect Dayak land against predatory Dayaks? – good thought, my friend. In fact this had happened many times before, and as you mentioned, Sibu has seen its fair share of this occurrence. Come to think of it, none, there is no way to curb greediness and predatory creatures. Shoot the culprit, serious.

    There are adequate legal brains in both legal and government fraternities to know that Malay Land in W Malaysia is not transferable to non-Malays. About 5 years back the government regressed a little and allowed joint-venture with majority Malay participation – didn’t I mentioned this earlier? My contention: If W Malaysia can do it, we definitely can adopt similar law here. “This land is only permitted to be transferred to another Dayak within definition of the state land code blah blah…”

    But treatment of Dayak Land must be considered in totality with Dayak Economy. To allow transferability only support alleged tendencies of Dayak to make quick money by selling their heritages. Ten years down the road, Dayak are reduced from land owners to beggars. As it is now, 60,000 Dayaks are all over W Malaysia and many are doing menial jobs (which W Malaysian reserved for the Indon, Bangla, Burmese).

    Fellow contributor gkm2020 wrote an article giving an outline on how this Dayak Land can be utilised.

    Personally I seek for what is expedient at this juncture. We have an administration that is insisting individual titles are NOT needed. On the other hand we have incidences where the lack of titles led to one-sided dealings that favour not the land owners. On record, more than 170 legal cases pertaining to land matters are still outstanding in the high court. What about the disputes that never reached the courts – i.e. where Dayaks are too poor to see a lawyer? Don’t we have unstoppable object meeting immovable barrier here?

    To settle this, let the land that Dayaks utilise for their livelihood be given proper documentation. Let the land where they make their homes be provided with titles. Surely these are not demanding for the impossible. What security does the Dayaks have over their land now? Nothing. If the authority asks them to move, they have to, otherwise police and FRU would be called.

    I agree Dayak Land is a gold mine – I have dealt with that in earlier postings in DayakBaru blog.

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