Letter to Tan Sri on NCR grant land transfer

Posted by Indai Temuai

We also need not only weary of the NCR lands, leasehold title lands, but we also need to be proactive and concerns over the current grant state land (Native Title – NAL)- Provisions under Section 18, Land Code Sarawak.

For respect of readers, i would like to share one of recent letter to one of the Federal Minister, that i help to assist one of my Dayak friend on write in this issue of grant transfer which regards to Native Land Titles.

For their children, who are not born in Sarawak (eventhough you’re a Sarawakian Dayak) and eventhough your forefathers are true fresh Iban blood, your children may end up losing your native rights on Native Land Title. And, if you are an official Dayak (Sea or Land), a Malaysian born, holds a valid Malaysian citizenships but not born in Sarawak, you can’t obtain native land in Sarawak. So, you are not actually a ‘native’ as define by Mr. Land & Survey.

My concern are those Dayak’s who have their children born outside Sarawak. They could be armies, lecturer’s, police officers, civil servants, general worker. They may work outside Sarawak probably in the peninsular, give birth to their child there, little do they know that their children will be denied the rights to own native title lands in Sarawak.

Below are the letter / correspondence to the minister. Happy reading.

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Honorable Tan Sri;

RE: PROPOSAL TO REVIEW THE CONDITION OF TRANSFER OF NATIVE TITLE LAND IN SARAWAK

First and foremost, I would like to thank you and greatly appreciate the Land & Survey Department of Sarawak on the meticulous effort to scrutinize any process of transferring the land title (native) to anyone, in accordance to the present law. Indeed, it was a noble effort to protect the rights and privileges of the native(s) with regards to land grants issued by the state government under Native Area Land (NAL) with special provisions in accordance to Section 18 of the Sarawak Land Code.

However, reasons I’m writing to you directly are generally to meet a couple of objectives. I’m solely amused because my appeal to Superintendent of Land and Survey of Miri has not being considered rationally; claming I’m not entitled to own native title land. Therefore, first, is to seek clarification from your department at the Federal level, which native land title(s) are only / could be transferred to a person who is a native; and that native person must be a Sarawakian (‘kerakyatan Sarawak’). Secondly, to seek advice from your department, that as a person who of a native Sarawak, holds a citizenship of Malaysia, but born overseas, should be allowed to owned native land title(s).

Honorable Tan Sri, in my confessions to Land & Survey department recently, I am a native, a Malaysian citizen and a valid Sarawakian. The only factor, that differentiates me from the rest of my fellow Sarawakian, is that I’m born in Brunei in the late 70’s. It was due to this history of birthplace, the Land & Survey department (Miri, Branch) has rejected my memorandum of transfer of the native land titles from my grandfather to my name. And, I have also paid the stamp duties. Knowing this, I can’t change the history of my birthplace. All these lands are the closest to my heart, which also means, I grew up and harvest our rice field on these pieces of land. The older generations has left me a legacy which now I can’t own and pass it to our next generations or so.

Honorable Tan Sri, as I believe you have the sufficient authority and the capability in making some influential decisions in the cabinet; I’m seeking your personal judgment on my case. What would you do if you were in my state of conflict? If at all, I’m born outside Sarawak, does that makes me less ‘native’ and any less ‘Sarawakian’? How does the Land & Survey of Sarawak define ‘native’, in their usual terms?

The Federal Constitutions – ‘Native’ Defined

To assist me, I thought of providing you some inputs to you with regards to this matter and subsequently helping you to make good judgment in my case. First of all, the definition of ‘native’ must be clear and should publicly accept by law and generally understood by the majority in accordance to the Federal Constitution of Malaysia. I think there shouldn’t be two different sets of definition of ‘native’ in Malaysia’s context with regards to the registry of native title land in Sarawak. Under this highest constitution of Malaysia, there’s a special position of natives of States of Sabah and Sarawak. I’m not a lawyer and no legal expertise or of any kinds. But, I reserve the rights to speak and the privilege to extend to you my personal understanding of the term ‘native’.

Excerpts from the Federal Constitution of Malaysia, under the article 161A (6), Special Position of Natives of States of Sabah and Sarawak; in this Article ‘native’ means (a) in relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is mixed blood deriving exclusively.

It is further supported by Clause (7) of the same Article, the races to be treated for the purposes of the definition of ‘native’ in Clause (6) as indigenous to Sarawak are; the Bukitans, Bisayahs, Dusuns, Sea Dayaks (Iban), Land Dayaks (Bidayuh), Kadayans, Kalabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs, (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs, and Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits. Well I am indeed a Brunei born Sea Dayak (Iban) Sarawakian and hold a valid Malaysian citizenship.

Future ‘Prospects’ of Native Title Lands

Honorable Tan Sri, it is not really the matter of land acquisitions that matters to me but more accurately, is the future of all these lands, in the next two or three generations to come, should the government decide to preserve such land of its unique identity. I beg to support; the fact that; the earlier generations may not have enough educations or financial sound to bring economic value to these lands, but I believe the second or third generations would have the capacity to develop these lands into something that the native can be proud of one day. Subsequently, adding sustainable development and economic reality to the area surrounding.

The birthplace of one person may not signify the true origin of a person. Since the early 80’s till today, we already experience more than 50,000 natives of state of Sabah and Sarawak residing outside their home state and abroad. The number seems to be increasing each year. It has becoming significant nowadays; the younger generation of the natives should no longer be recognized geographically, rather to be traced biologically. Various reasons such as economic, better living, educations, lifestyle, opportunity for improvement, allows such human mobility to happen. The person would have resided outside Sarawak for a number of years; they may marry amongst their indigenous communities, and giving birth to their children within Malaysia but not necessarily in Sarawak. Now, the broader concern, is their children, considered not eligible to owned native title land(s)? The fact is, the person will one day be back for good to their homeland Sarawak, once they reach their retirement age or sold off their company shares.

In contrary, there are thousands of non Sarawak both professional and non professional mainly ‘singles’, then married or re-married with the indigenous communities, giving birth to a child in Sarawak, I wonder are these children to be considered ‘native’ Sarawak later by the some government agencies? Unlike our fore father, he was born and brought up in the area where our land is now situated, for economic reasons, started a living and giving birth to children in other country, then come back to his homeland.

Honorable Tan Sri, I may seem; to bend but I will not break; the noble government existing rules, regulations and policies. But I would generally say, it is almost uncertain, the future of these lands, whether it is still owned by ‘native’ as defined by our Federal Constitution of Malaysia, in future to come. Today, in our village area, more and more foreigners mainly working as an estate worker or plantations, some of them can speaks and converse very fluently in our native dialect, as most of them are Indonesians from the ethnic ‘Sambas’. These groups of foreigners would one day settling in certain parts of Sarawak, and give birth to their children here. Are their children will be ‘native too? In fact, there are attempts by these foreigners to deceitfully obtain native land titles, claiming that they are Sarawak’s natives, thus robbing the rights and privileges of the indigenous communities.

Soon, the real ‘native’ would be denied of their rights of their own lands, ultimately denying the rights to buy or owned native land title(s), should their birthplace become part of the process transfer. I would suggest, that there should be no one in a government agencies; informing another person that there is two different types of ‘native’ as proclaim thus; making unilateral decisions to revoke and denied transfer of native land titles to a person who is a ‘native’ as described by the Federal Constitutions. The category of native status; should not be defined by their birthplace or solely referring to their middle identification card number. The right question to ask is; what’s your official race and are you a valid Sarawakian? The Land and Survey should also be intelligent enough, to think whether you meet all criteria of a native to owned native title lands.

Honorable Tan Sri, one way, to eliminate such unilateral act, is to create a system within the department on the transfer or registry of native land titles. The checklist should include the authority to cross checks the person real status against the OGA (other government agencies) such as the National Registration Department (NRD), whenever a birthplace or I/C number becomes an issue. The NRD would be able to confirm whether the person is truly a ‘native’ Sarawakian, this is supported with complete personal information such as place of birth, race, citizenship, and either you are a Sabahans, Sarawakians, Penangites, Perakians and the lists goes on. This would also boost up the confidence of the public on the issues of native land acquisitions and handling of such issues by the Land and Survey department.

This letter is not a complaint, but considers it as public expression or fair comment on the native land title issues. Probably, there is no right and wrong as proclaim earlier by the Land & Survey but I’m telling you this; my conscience is clear. I know my origin.

Honorable Tan Sri, trust that your sincere thoughts and judgment will represents the true identity of a native. I never have the opportunity to be in the public service, but I understand the difficulties in penning down a letter under the banner of ‘Saya Yang Menurut Perintah’ which can be found in most government correspondence. I may not be able to own my ancestors land for now, but surely one day the public will derive to conclude that the native land may not be that ‘native’ after all, should the issue of birthplace remain unclear.

Sincerely,
A True Native and Sarawakian

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September 7, 2009 · Filed Under General

Comments

One Response to “Letter to Tan Sri on NCR grant land transfer”

Parti Orang Kampong on September 7th, 2009 7:28 pm

THE HEAD OF LAND & SURVEY SHOULD BE DAYAK. IT APPEARS THAT THE CHINESE ARE GETTING BIGGER SHARES OF THE LAND AS COMPARED TO THE NATIVES.

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