Petition Letter: Violations of the Native Customary Right, Right to Land, and Right to Livelihood of Indigenous Groups in Sarawak
Please join in the petition campaign
http://www.foodsov.org/html/petition12.php
To:
Prime Minister of Malaysia
Pejabat Perdana Menteri
Pusat Pentadbiran Kerajaan Persekutuan
Bangunan Perdana Putri
62502 Putrajaya, Malaysia
Tel: +603 8888 8000 / 8032
Fax: +603 8888 3444
email: ppm@pmo.gov.my
Tan Sri Abu Talib Othman
Chairman
Human Rights Commission of Malaysia
Level 29, Menara Tun Razak
Jalan Raja Laut
50350 Kuala Lumpur, Malaysia
Tel: +603 2612 5600
Fax: +603 26125620
Email: humanrights@suhakam.org.my
Tan Sri Abdul Taib Mahmud
Chief Minister of Sarawak
Pejabat Ketua Menteri, Tingkat 22,
Wisma Bapa Malaysia,
Petra Jaya,
93502 Kuching, Sarawak
Malaysia
Tel: +082 – 440801
Fax: +082 – 444566
Email: linu@sarawaknet.gov.my
Dear Sirs,
We are gravely concerned and perturbed by the violation of the rights of indigenous groups commonly known as the Dayaks, which has been taking place for almost the past three decades in Sarawak , the largest state in Malaysia.
This is taking the form of a massive land grab through a legal and systematic means of forcing them to give up their ancestral lands or lands over which they have native customary rights (NCR). These lands are supposed to be recognized by the country’s highest courts and the Sarawak Land Code. However, these lands are given away to companies closely connected with State Government leaders, the political elites and cronies.
In April 2008, an International Fact Finding Mission (IFFM) team consisting of members from Centre for Community Economics and Development Consultants Society (CECOEDECON, India) Sustainable Development Foundation (SDF, Thailand) Rainforest Action Network (RAN, United States) visited over 19 communities in Sarawak, consisting of 70 villages and long houses and met with about 825 people from the north to central and south of Sarawak and found that there was continued and systemic organized aggression on indigenous peoples land and rights.
The IFFM established through interviews with the people, through documented evidences provided by the people and through evidences found in the form of graves, fruit trees and cultivated land, that the land areas claimed by the people are native customary rights to land (NCR). Therefore, they have a pre-established right to the land.
The team is of the opinion that since the lands are native customary lands through continuous customary practices of cultivation for generations, the land cannot be taken away from the indigenous peoples by the state government nor be leased out to private companies for plantations. This strategy and action constitutes gross violation of indigenous peoples’ rights to NCR land. They also violate the United Nations Declaration on the Rights of Indigenous Peoples.
By losing their NCR lands, the indigenous communities lose their farms and the forests where they collect timber for housing and where they go out for hunting and for fishing. Moreover, they continue to suffer on account of the insatiable greed of the politicians in power who clearly show scant regard for human rights as food crops and homes are often bulldozed and the natives left landless and homeless.
Even the law-enforcement agencies, particularly the police, are siding with the plantation companies and are refusing to act when the affected indigenous farmers lodge official complaints against encroachment of their NCR land and the destruction to their crops and properties.
These violations of the rights of indigenous people continue unabated in the face of a deliberate collusion between State Government leaders and large commercial interests and is leading to an extremely dangerous situation. The authorities even deploy the police and the military to make arrests when the natives put up a struggle to defend their ancestral farming lands.
We are therefore extremely concerned at the land grab that is going on in Sarawak as this would lead to serious consequences and implications for the life, livelihood and food sovereignty of the indigenous groups of Sarawak, particularly the Dayak communities.
We strongly support the indigenous people’s struggle to protect their land for their survival.
We demand that the:
- State Government of Sarawak should uphold the Native Customary Rights (NCR) as guaranteed under the Sarawak Land Code (1958) and recognize the NCR status of all affected parties who can prove the existence of their claim to these rights.
- State Government of Sarawak should immediately cease the operation of the oil palm plantations in question.
- State Government of Sarawak should provide protection for the safety of indigenous people against all forms of harassment, intimidation and threats of physical harm that arise from land disputes.
- Free, fair, prior and informed consent should be obtained from the affected communities before NCR land is requested for commercial development via partnerships with government agencies and/or private sector initiatives.
- Federal Government of Malaysia shall undertake to revise inconsistent laws in order to abide by Article 5 of the Federal Constitution of Malaysia which enshrines the guarantee of right to life for every inhabitant of its land.
- State Government of Sarawak shall respect and abide by the case precedent established by the Federal Court of Malaysia’s decision of Madeli Salleh vs Government of Sarawak, which states very clearly that the customary rights of inhabitants were recognized and accepted by the British Crown when it governed Sarawak. It became part of common law and therefore shall be recognized as being a fundamental right.
- State Government of Sarawak shall cease the issuance of “provisional leases” (PL) for NCR disputed land with immediate effect.
- Federal Government of Malaysia shall recognize the relevance of all international convenants and instruments on human rights and make haste to ratify and to conform to all these said Charters.
If the State Government of Sarawak fails to comply with the above demands, then the Federal Government of Malaysia must come forward to take appropriate steps to protect NCR lands, the lives and livelihoods of the indigenous people.
Through this letter, I appeal to you to listen to the above demands and look into the struggle of the indigenous peoples in Sarawak.
Sincerely,
Name
Country
E-mail
Organisation
Popularity: 19% [?]
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20 Responses to “Petition Letter: Violations of the Native Customary Right, Right to Land, and Right to Livelihood of Indigenous Groups in Sarawak”
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Inspirational word from gkm2020
This kind of Issue is TOO Late already. It should be settle 2 decades ago. Now Dayaks should be enjoy the benefits and changes. BUT, nobody groom us, teach us what to do, those are intelectual and educated fight for their own luxury, never turn back to KAMPUNG help their family, relative, friends and communities in such as the knowledge they know. WHY NOW, its look like a common interest, personal interest, whatever, or because THE Government don’t give any interested??? If we do it earlier on SURE GOvernment would’nt release to Outsiders. They also have a mission to grow the state and just because of simple things as they allocate lands for developments and we as so called Community Leader or Personal Interest to get Attaction, will do anything we want. NOW ITS NOT THE TIME ANYMORE.. WHAT WE WANT TO DO WITH NCR, JUST PLANTED WHATEVER WE WANT TO PLANT, BUILD whatever we want to build even plant an oil palm, padi,rubber,etc.. just do it!!!
NOT LIKE THIS BROTHER….
Good move John. Will sign up.
Dr,
Here is my approval. Sign up in the colunm.
Move Dayak move.
Dr. JBA,
I really support this petition for the betterment of our community. What suprised me is that petitioners are mostly those from NGO organisations, etc.
My hope is that more Sarawakians @ Malaysians will sign this petition to show their support toward this SACRED goal.
PLEASE SPREAD THE WORDS TO OUR FRIENDS AND RELATIVES TO SIGN THIS PETITION.
Thank you.
ingat petara nadai ngaga tanah agi….!!!!
PM najib! one Malaysia! buktikan.
I have some problems with this letter due to the following reasons:
1) Why should people from other countries send such letter on behalf of Dayaks – as if we are all still living on trees?
2) People from India, Thailand and America no matter how hard they try would only know the sotries as 3rd party and seeing it from a 3rd party eye. Thus it could be seen by almost every paragraph of this letter on how simplistic and sweeping their statements are. As such its content will be easily classified as “inciting, self interest, etc.” by the people who are addressed in this letter.
3) To prove my point in 2) above – please allow me to take one para of the letter:
“”By losing their NCR lands, the indigenous communities lose their farms and the forests where they collect timber for housing and where they go out for hunting and for fishing……”"
Who are the indigenous communities they are talking about? The Penans? Definitely not the Ibans, Bidayuh, etc. Do they know that we are not talking about fishing and hunting, farm and forest when we talk about our NCR lands? What we want is that our land IF developed into oil palm plantation will bring us real incomes – literally according to our equities (through our lands). We want to sit as directors for the the oil palm company. We want to sign the payment cheques. We don’t want to be bluffed. We don’t want to our land being used for free or peanut money – OTHERWISE we would rather plant our own oil palm.
4) Please don’t under estimate us for not able to plan ourselves – we used to work hard as padi planters, as pepper garderners, cocoa, rubber, etc. what is oil palm in comparison?
If there is a petition at all – it has to touch a little bit on NRR land codes and ordinance as well as the real beleive as per the native courts.
If you want to write a letter, write it properly, not superficial, full of assumptions. Quote a few cases, pin point specific weaknesses, give specific examples, etc.
Nonetheless very much appreciate such effort – thank you to the NGO.
CA
Sigi baka iya pama kitai ngarap ke orang belama.
Our weakness is not putting what we are experiencing/ doing/ seeing into writing. I had voiced this concern in almost all the blogs or portal that I became member.
Examples:
1. Our living styles in the longhouses were mostly documented/ written by other Malaysian races & international journalist even though some of their points were sometimes on assumption or negatively exaggerated to make the story (book/ documentary) more interesting to read/watch for making good selling- profits
2. Our adat & main asal also mostly written by foreigners or other races.
Now, come the petition (and previous petitions), who are the authors?
Where are Dayaks/Ibans writer or journalist?
Charcoal Art,
We must know that, Dayak are being block to join international body in order to avoid international community know the cruelty of Sarawak BN toward Dayak. Somehow as a majority of Dayak now a days are christian, the world organisation of christian know Dayak very well and as being a christian they won’t allow us Dayak will be victimize by unresponsible person. Thro this petition, I am expected more help from international body. Sometime we need external force rather than internal force.
Dayakbaru,
Why it si seem so cool support on this. JJM Junior, Anderson Melintang and so on where are U? Pls.
Kaban – I was reading the letter before I read the article written above. I guess I have jumped the gun – apologies. But still such petition should be written and sent by Dayaks – not international NGO.
Having read the articles which contains some nice photos, in view it (the articles) is a good effort, there are many merits on its contents. I particularly like the part oon failed meeting with SALCRA.
However, I am allowed to comment on the artcile, I would have given more emphasis on these areas:
1) Land Codes and its numerous revision – I would add on 5 to 6 more pages – ngambi ke berentak!
2) Also exmaple on SALCRA, LCDA, etc. and not to mention their subsidiary companies – uji rintai ke manah2 meh enti bisi – “”self interest”" bala shareholders or bala boss??
CA
Charcoal Art, and JJM Junior,
I just want to point a few things-we can always agree to disagree.I sign the petition because:-
1) There is strategic alignment. The parties who wrote the petition, may have written it according to their own prism, and their motive, but the objective is the same.If there is no political, few NGOs, and very much less support within government,the cause can only be made visible by strategic alliance.
2) We can’t be exhaustive on what the petition demand. There is no guarantee that what you and I wants included in the petition, is also what all the other concerned Dayak wants.The fact that SADIA was at least, represented in the IFFM via Mujah, thats a good enough representation for me.
3) Although the Dayaks are potrayed as essentially, helpless,illiterate indigenous people, for the purpose of the petition-the potrayal is more than accurate in some sense: in comparision with the powers that extinguish the NCR land rights, the victims-who may be successful farmers, are still as ignorant about the law as our Penan brothers,and are equally helpless when faced with bulldozers, armed armies and samsengs with samurai swords.
4) Even if a petition is so well written, and so polished, with detail evidence and covers every angle from culture, native Court, economics, politics, geography-you name it, and its agreed to by all stakeholders-there is no guarantee that such petition will sway minds. If this petition letter is ever submitted, it may still be ignored and be brushed aside as “foreign interference in our beloved Sarawak affairs” and “the work of good-for-nothing disgruntled friends of foreign agitators”-who are “out to boycot Malaysian oil palm product, at the behest of the Soya farmers”.
At the end of the day, only a high number of petitioners will have any chance of appearing to the governments moral compass.Even if the petition becomes “papung sengkilu”, it will still be an extremely successful petition if Dayaks and other Malaysia NGOs, and concerned individuals were to sign the petition as well.At least, it kick-start start a frame of reference for further discussions and actions.
5) In the case of SALCRA, believe it was mentioned that the original objective was to transfer the land back to the landowners but now the plan is apparently scrapped because of some land disputes. Thats why I maintain that land title must be issued first,only then it can be held by the company who develop the land but with sufficient legal safeguard to prevent the company from liquidating the asset in the case of bankruptcy proceedings, and the owners be allowed to assess the true value of the land, exit from the agreement under defined condition (frauds etc) after some years .. before entering into any agreements.The report didn’t go into much detail to expose other can of worms and root cause …Since the report has deal with explicit examples of both legal and implementations problems (either deliberate or a result of incompetence bureacrat) that ends up victimising people (e.g not recognising some parcel of land as NCR),thats a good enough basis to sign the petition.
Hope I had convinced you to sign the petition.I rather we agree (than disagree), considering there are not enough Dayaks with your caliber to come to the defense of “those who still live in trees”-metaphorically speaking, that is.
Dayakbaru,
This (http://www.foodsov.org/html/petition12.php) is the best and proffissional way to express our view toward Dayak Issue regarding NCR Land. This is our certificates recornize by United Nation of our next generation to prove that their forefather had stood up against the present Sarawak Government lead by Taib misuse of our NCR Land (one of it, Sarawak BN lead by Taib do not recorgnize GPS). I am proud of myself to be the one to sign this petition. And you too.
If other Dayak or YB Dayak proud to put their certificates of recorgnisation of their Ahli Bintang Sarawak in their Wall, I am more proud to put my signature on this petition on my wall. This is the Dayak should be proud of.
It is not the question of how to do this petition, what the petition is, who do this petition, where this petition shall be. The question is how do Dayak stand up protect their NCR Land against the unresponsible person in present Sarawak Government, joepardizing the Dayak NCR Land.
This is not the first and the last of our action. Our route to protect Dayak Right and Justice in Sarawak soil is still very-very far. NCR is one of it and thousand are still unresolved.
We should say that we do this petition cos we care of Dayak people and care about Dayak next generation, care about their land. Not how much we can gain from present Government of their wrong policy on Dayak NCR Land, if we not sign this petition.
To all Dayakbaru, for me, I am very proud of your support, articles, comment ideas in this blogg to improve the Dayak Community, but I am more interested in your physical action not ‘Muai ai liur aja’ in this blogg. This is call the real action. And the next step is being proposed by Dr. JB, we make our own petition to PM.
Good job
Mai berita utai ti baka tu di kongsi ka semua orang ti maca blog tu, Laban hal ti bakatu nadai pasut ba surat khabar, TV etc.
Bala-bala parti politik wakil rayat pun nadai meri kitai penerang.
Tanah NCR patu di sukut lalu pala tanah nya di beri ngaggai tuan tanah.
Ngaggai ka diatu sida pihak ti berkusa nadai meri arahan tauka nadai planing ka nyukat tanah serta nadai planing ka meri pala tanah.
Nadai ba agenda politik enggau janji politik sida main ti ka bapilih raya enggau pilih mit
Terima kasih
We are not against developement but how those development can give positive impact to us there is the question.Ulah ti salah bala perintah ka udu ngayah ka bansa Dayak serta ngemeli ka kitai nya meh kebuah lapa kitai gidan ati serta ransi. Amat ko JJM Junior enggau Charcoal Art,aku nyukong penemu seduai,lapa kitai Dayak tu udu ngarap ka urang bukai dalam hal ngari mutar ka penusah kitai. Bansa Dayak udah maioh ka pandai serta bepenemu…nama sida iya belalai dalam kandut BN kah??? By the way manah pengawa tu serta aku nyukong 100%.
Dr Brian,
Your move is commendable BUT you made a big mistake bro. You ingat NCR ini hanya milik Dayak saja kah.
Kamek laut pun sama macam kitak juak. Ada yang kaya ada yang miskin. Ada tanah NCR dirampas. Bro, do not be too emotional. Relax bro. Tak payah hentam kerajaan. Look at ourselves…What have we done to help our own people. Just blaming others…? No where man. Kita kena kerja kuat……
I feel for the Dayaks. The petition shows Dayaks are such pathetic people, seeking sympathy. You have created your own mess by continuing to vote for BN.
While I was consultant to a couple of timber companies in Sibu, I came to learn that some Dayak headmen and politicians receive timber concessions from BN. And what happen to the timber concessions? Sold to non-Dayaks who became a thousand times wealthier than the poor Dayak who got the concession from BN. What did the Dayak do with the little earning he received from selling the concession? He spent on drinking spree and other unnecessary things.
It’s not impossible for Dayaks to achieve self-determination and not have to petition the Malaysian Prime Minister or the Federal gov’t. You must petition your own people to vote wisely in order to finally earn your rights to self-determination. Never expect help or handout from the PM or the Feds. It’s pathetic.
Get to a different level of thinking – help yourselves before anybody can help you.
Using racist approach such as Dayakbaru makes many cringe. You will get nowhere with your Dayakbaru cry. Again, it’s pathetic.
Having observed the political scenario of Dayaks, it’s more and more like the Dayak’s are destined to be ruled by others. This seems especially so for Ibans. The Ibans will follow the path of the Bidayuh that has already lost their identity and enslaved themselves to be ruled by others.
Somehow, it’s still not too late for Ibans. Forget the petition. Just grant yourselves the right to self-determination in the coming state elections. If you miss the opportunity in this state election, your destiny is sealed.
Iskandar,
I comment you on your straight talk. Its clearly from the gut.
However, as much as I would support a credible opposition to BN, in order to have check and balance: I don’t agree with the premise that simply by voting out the BN from the state, all social ills and weakness affecting the Dayak will magically disappear.I don’t think you are suggesting that the drinking will disappear if PR were to win the state election.
To sign a petition to the government, is not pathetic. Its a sign of a mature citizenship:exercising its right in a democracy. A mature democratic government is expected to respond seriously to a petition, especially if it is well-research and supported with evidence.
I don’t find the intention of Dayak Baru racist at all.It tries to act as a forum for Dayak to share ideas, to move forward in key fronts.Its no different than other blogs, that may cater to a particular race, religion, social issues, or political parties, as I’m sure you know there are many.
Those who cringe, as I imagine you were, should look at the DayakBaru weblog as an earnest (not so political) effort at Dayak social transformation from within (as opposed to externally imposed).
If you are a Dayak, I empathise with your exasperation. If you are not a Dayak, but that you truly feel for the Dayak,then you should be more gracious and contribute ideas productively rather than insulting them for not voting your favoured political party.
Being a bonafide Dayak,I do feel your remarks as a little condescending, and I should say, is unfortunate, since its not necessary to employ a rethorical device where you insult the Dayak whom you want to convince, to vote out BN. An honest plea,with a compelling explanation of opposition agenda, should be well accepted.
Do allow me to chip in here on the last 2 posts. I do appreciate what Ishandar is saying; “pathetic” is quite accurate. Having said that, the problems faced by Dayaks and voters are beyond face values. The idea of “vote or don’t vote” may sound straight forward but in the Dayak situation it is not as simple and the problem is very unique. It is related to social sciences of the Dayak communities – encompassing mainly economic factors. Most of us are aware of this – in fact we keep knocking our own heads for decades as we until know have not been able to make Dayak voters see the real things!
With regards to the timber concession, you should try to give me a good one and I promise you I will never sell it to a Chinaman! About drinking – it’s the evil of societies thus not relevant as it is not only practied by Dayaks, etc….you see it is easy to get confused if you are only looking at face values.
CA
I believed that the Malay Dilemma had over after dissected by the writer himself when he (Tun Mahathir) became the Prime Minister and solved most of the dilemma.
To me, Dayak Dilemma just started and we are really in need of Dayak leader who can emulate Tun Mahathir. He doesnt have to hold PM post, just a Chief Minister of Sarawak is good enough.
When PBDS & PERMAS (MAJU group) chose to fight against the BN3, we still dont believe why Dayaks leaders could not agreed with Taib to lead the state. Now, slowly we know why the Dayak leaders were/ are not happy to remain in the BN. There are few reasons:
1. Taib’s govt practices rule & divide. He was/ is the mastermined to keep the dayaks segregated into many mosquito parties.
2. Taib practices cronyism. Almost all big & small projects awarded to & run by his family members/ relatives. Even the rubbish & drainage management in the city & canteens cater for govt offices & big organization also controlled by his cronies.
3. A very junior politician like Sng junior also given the assistant minister post
4. He lobby his son Rahman to be the federal assistant minister although a dozen of MPs Sarawak more eligible than his son.
5. Practices discrimination. Discriminate the dayaks not to have titles to their NCR lands.
As long as the Dayaks still have means to feed their families, we are still far to experience/ face social problems. But there is always a limit. Once the people already desperate earning a living and hardly can fulfill their daily meals, social unrest is inevitable. I hope it will not be like in Indonesia where almost all the (rich & famous) people’s properties get ransacked, burned to the ground, daugthers were being raped etc.
Now, the rich & famous could laugh and having fun in their comfort atmosphere, having big houses, big cars, big wives & concubines, and all the luxuries….but you will never know what happen tomorrow if you re not doing anything from now- help the poor !
Sorry that I mentioned drinking spree. In no way did I mean it as an insult. Yes, I do feel for Dayaks – all those whom I’ve met are all among the nicest people in the world. They are most humble, kind-hearted, very well-mannered. Seriously, as civility degenerates in modern times in other communities, the Dayaks continue to uphold their high standards of civility. In this modern, competitive, man-eat-man times, Dayaks are easily exploited and taken advantage of.
My reference to drinking is metaphoric of the general condition the Dayak community is in – enslaved and limited self determination.
During my years in Sibu, I was active in initiatives that attempted to engage rural communities way up the Baleh areas. Mind you, those activities were funded by timber companies concerned with uplifting the livelihood of the target groups. It was unfortunate that most showed no interest even after prolonged attempts to help those people help themselves. Even good paying jobs in the timber production chain were taken by up by Indonesians because the local Dayaks could not discipline themselves.
So there goes self-determination. Without discipline, those Dayaks continue to enslave themselves.
I don’t think that the future well-being of Dayaks has much to do with voting out BN. It’s really about putting in the kind of governance that encourages and nurtures self-determination by removing the barriers that now restrict and oppress. BTW, I have no political affiliation and I don’t favour any political party.
I also don’t think that the situation of the Dayaks today has much to do with economic factors. I think it’s a lot about being well-informed and disciplined. How is it in the same neighborhood, that Chinese families living as neighbours alongside Dayaks have thriving farms while the Dayak families wallow in poverty even though the Dayak families also have big plots of fertile land?
Oh, as a non-Dayak, I do feel Dayakbaru is racist.
And John Brian, please stop wearing that Taib Mahmud cap. It looks like you’ll be continuing his legacy of self-enrichment.