Police stand guard while Samling’s excavators plough through Kenyah’s NCR land
Posted by Charles Gau
BELAGA – A group of police officers are guarding the workers of Samling Plantation Sdn. Bhd. while clearing works are being carried out using excavators inside the native customary land territory of the Kenyahs from Long Koyan for the purpose of establishing an oil palm plantation.
Samling started its clearing works yesterday, but were stopped and told to leave by the Kenyah villagers.
Today however, Samling ignored the villagers and continued to plough through Kenyah’s native customary land under guard from the Royal Malaysian Police.
The villagers are angry with Samling for not heeding their warnings not to encroach into their territory. But they are more disappointed with the actions of the police, who they say time and time again are not professional in their conduct and are visibly seen to be in collusion with the company.
Prior to this, the village head of Long Koyan, TK Nyalang Tahe has made numerous police reports on Samling’s encroachments but no action was taken by the police. He even went to stop an excavator to confiscate its keys so that he could surrender it to the police for the police to take action against the company.
However, on 21 July 2009, the police issued a warrant of arrest to TK Nyalang Tahe and he was summoned by the police to surrender himself to the Sungai Asap Police Station. Apparently, a police report was made by the company against TK Nyalang for allegedly stealing an excavator belonging to Samling.
TK Nyalang and his residents argued with the police that the excavator was not stolen and it is still under the care of the workers of Samling Plantation. The keys are in their possession as it was passed to them by the plantation workers. They said it is even stated in their police report.
The police than told TK Nyalang to sign a police bond and he has to appear at the Belaga Magistrate Court on 21 August 2009 to answer to the charge of stealing.
TK Nyalang abided by the police order appeared at Belaga Magistrate Court on the morning of 21 August 2009. But he was shocked when told by the Court’s registry that the police have not even registered his case to be mentioned on that day.
TK Nyalang went back to the Sungai Asap Police Station to seek clarification from the police, but the police told him that they will inform him when he is supposed to appear in court. However, until today the police have not informed him on the status of the case.
Press statement release by:
Mark Bujang
Executive Director, BRIMAS
For more information and updates please contact Abun Sui Anyit of the Sarawak Indigenous Lawyers Alliance (SILA) at 014-3307466.
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Inspirational word from gkm2020
I hope that the police was not used as scapegoat in this case.
As I can see it, TK Nyelang was arrested for a suspect of an alleged theft of the company excavator an offence under section 379 of the Penal Code and the investigation is still underway. In the meantime, he was released on police bail with or without surety. As a normal procedure, the police will complete their investigation and submit the investigation paper to higher authority, perhaps to Deputy Public Prosecutor for ruling. Whether TK Nyelang to be charged in court or not is depending on the outcome of police investigation.
where is changop4540,dayaklama, john jamban? any credible comments regarding this matter?
Kayau ka sida Samling nya.
In the Borneo Post today November 8, 2009, Belaga OCPD DSP Bakar Sebau has clarified the real situation on a dispute over a Long Kayan NCR.
He said the plantation company has been granted provisional lease over the land by the state government which expires in 2057.
DSP Bakar denied the villagers ever made any official police report against encroachment their NCR land in the past three years. However, the villagers had filed legal suit against the Land and Survey Department and the company on May 17, 2003, but then it had been discontinued since August 26, 2004.
DSP Bakar said, “Who is encroaching into whose land?’
At least DSP Bakar has an initiative to clarify the real situation on a dispute over NCR in his district, unlike cases in Pantu what had happened actually on a dispute over NCR land between the villagers and the oil palm plantation company as reported in Dayak Nation blog.
Hopefully, OCPD Sri Aman will come with a statement to verify the facts for the public consumption.
Breed of robbers and liars, where the fault purely lies in the present administration.
Longhouse folks lives happily and peacefully in generations over generations but this had since then changed after the land code pertain to temuda land had been amended indiscriminately.
Who’s directly accountable here?
DSP Bakar denied the villagers ever made any official police report against encroachment their NCR land in the past three years. However, the villagers had filed legal suit against the Land and Survey Department and the company on May 17, 2003, but then it had been discontinued since August 26, 2004.
DSP Bakar said, “Who is encroaching into whose land?’
JUST TO ANSWER WHAT DSP BAKAR SAID IN BORNEO POST:
THE COMPANY ENCROACHING TO DAYAK KENYAHS’ LAND!
DEAR ALL READERS,
PLEASE BE INFORMED THAT THE LONG KOYAN FOLKS DID MAKE POLICE REPORTS ON THE ENCROACHMENT TO THEIR NCR LAND. THERE ARE EVIDENTS TO PROVE THE REPORT.
THE LAND HAD BEEN OCCUPIED BY THE DAYAK KENYAH FOR GENERATIONS.
WHAT DSP BAKAR SAID HERE IS TOTAL LIES.
I DON’T UNDERSTAND WHY THESE “POLICE” IS LYING. IN MALAY : MENEGAKKAN BENANG BASAH.
WE REPEAT IT AGAIN THAT THE LONG HOUSE FOLK DID MAKE POLICE REPORTS ON THEIR LAND ENCROACHMENT BY THE COMPANIES.
polis nadai guna,udah di beri orng enggau duit…dini enda nanah ke company…..reta tengkira ari peturun orng kelia nadai sida ia berunding…buban nya baru tau di tumbang kitai..
seagi ia duduk ba tempat nya seagi nya meh ia ngachau pendiau kitai dayak…..berunding mah kitai enggau panjai….anang alah laban sida ia…peda kita menoa semenanjung..laban perintah mayuh campur..nadai berani sida ia ngachau rayat…baka nya ga kitai ngaga ia ….
Gentlemen,
Let the police do their duties without fear and favour. Today PDRM is more advance than the colonial era police. They are professionals in almost every fields. You know the intakes for the posts of Police Inspectors are university graduates, even I have few friends of police constables who are also graduates.
I think everyone of us need police to protect our lives, properties and most importantly for the maintenance of law and order. You will go to the police when you are a victim of wrong doing. What happens to our country if there is no policeman just in one minute.
They are just willing to employ the Police rather than compensating the land and crops they bulldoze. Yes, it’s a tricky situation for the NCR owners.
In another perpective, it’s a blessing to them if the Samling has to pass their NCR and bulldoze them only to link to the area of the Samling OP plantation. Of course the land is permanently owned by the road and all people who use it. I love my land being link to such road, so that, I can also cultivate my own OP plantation. In this case, there will be road access to the NCR and the owners of the NCR can also open up their own OP plantation. Nyamai nya Uchu. Kitai enda iboh ngeluar sesen duit kena nyungkol jalai alun. So, if there is no dirty trick, the Samling should be allowed to pass the NCR. After all, they need access road.
Dear Dr. John,
I understand from my grandpa, the Police followed order in carrying out their tasks. They might not be standing guard for the company mentioned as you would like to portray they were doing that. Their presence could be to ensure there was no ugly incidents and to prevent fights and casualties or loss of lives or people getting hurt.
If I am not mistaken, the local people have the rights to safeguard their own land and be present to stop the intruders if they were intruders.
I also understand the locals have citizens’ right to arrest if an offence is being committed. May I suggest for that, a lawyer’s advice is recommended so that the people know how to act or react legally, with the laws at their side.
Besides, the local people should form a PR and Liaison Section within their Village Committee to specialise on the subject and communicate with the Police and win them over. Treat the Police as a friend ratner than a enemy. Half the battle would be won if you are on the side of the law and the Police is on your side.
At least, neutralise the influence of the rich or the company concerned. In short, the locals should organise themselves well to safeguard their land and win battles through smart strategies.
Please make sure the land claimed to be theirs is really theirs. Outsiders could be easily psycho into believing all land claims are 100% true. Not so. Be sure. In case of doubts, consult those who know better.
Besides the community leaaders, bring in the YB of the area. It is his responsiblity to help the people, settling land disputes. Make sure he is present. Like in the case of the Police, win them and him over. Make it like a political deal. Either you are for us or against us. he too can help prevent ugly incidents.
Perhaps, local legal advisers and Dr. John – you can advise or suggest alternatives. Yes, you can. Yes, you must. You will then make the younger generations proud of your true heroism.
Actions speak louder than words. Real help in advice is more valuable than nice words, arguements or rheutorics.
Thank you, Dr. John.
Dear Dr. John,
I mentioned the locals should form a PR and LIAISON Section within its Village Committee and smart strategies must be employed. (That I learn from my grandpa.)
Using the right and smart strategies, a lot of bad air, lies and half-truths can be eliminated or reduced, making the whole atmosphere and Sarawak a better place to live and earn a decent living. Wastage of time spent in demonstrations and blockages are lessened, so more time is available for productive works and positive thinking.
May I digress a little, using an old couple frying mee/kueh-teow at Jalan Green, Kuching, in front of Lau Lee Cafe. They are filthy rich doing that small business, without wasting their precious time in unproductive activities. The moral of the story is everybody can be rich, even a villager. It is the strategy applied with a little PR.
Discuss and provide guides and advices on smart strategies and good PR. Win over the YB, Police and the company too, not forgetting “others”.
I believe you can guide your participants in that direction. Yes, you can.
Thank you Dr. John.
Dear Dr. John,
My grandpa advised me don’t waste too much time on the computer, just now. But I must send this to you before I shut down the computer.
Please come up with a guide (information sheet) for the village community leaders/villagers/NCR owners on how to make reports and complaints, with and without legal assistance, to the authorities – the Police, DO, YB, Community Leaders and to the newspapers/reporters,and so on.
This is to ensure the formats used are comprehensive enough and the reports made are well distributed to those concerned including the YB and reporters or photo-copied and there would not be any dispute on – the villagers did not launch a police report, etc.
Surely, that needs to be done if it has not been done. Talking is one thing, acting is another. All concerned dayaks, I believe, there are thousands, will give you a helping hand if you start the ball-rolling.
Yes, Dr. John, thay can. Yes, Dr. John, you can.
Be good and the good God will reward you a 100-fold.
Thank-you, Dr. John. (I must go now. My grandpa is waiting.)
I don’t want to upset all police folks.
But this Belaga case is eerily similar to the Niah NCR land case before. The Niah longhouse folks even went to court,besides reporting the case of encroachment to police. Still, the encroachment were “allowed”, unchallenged by the authorities until some people had to die.
In the case of TK Nyalang and his folks: these are not sophisticated people. They know the land belong to them. Heck, they and their forefathers must have had lived and died in the area for ages.
But oblivious to them, a Provisional Lease appear to have been issued to Samling (as has happen many 100s time before in other areas, to other victimes), and approved by the Land and Survey department. And if you are TK Nyalang, what would you do if the the next thing you know, a bulldozer is at your door step, removing your fruit trees and everything you hold dear ?
For the Samling officers in Sibu and Miri, the act would be equivalent to blowing their offices with dynamite.I don’t have to imagine: it is the same barbaric as the act of Israeli Defense Force bulldozing civilian house in Gaza.Even if the land is barren except for miding and pakus, thats all the folks has !
The law, as it stand – as has been invented by the Sarawak State legislature, is no excuse for the barbaric act. No rational man and woman should try to rationalise the act. It is an act of oppression of the highest order, against the poor, underprivilege, and the weakest segment in society.
DSP Bakar statement to the press, is highly incredible. His superior must investigate the department carefully for wrong doing, and for abdication of responsibility. To my mind: even if the bulldozer was sent to an area designated under the Provisional Lease, the police officers must exercise their humanity to alert or cousel the longhouse folks to the alternative means of redress by hiring lawyers to seek an injunction against the PL activity.It is absolutely incredulously for DSP Bakar to have quoted “whose land is it anyway, and apparently left the longhouse folks without any avenue or recourse”.It is even more cruel to mindless charge TK Nyalang with theft, either in apparent collusion or out of apathy for the victims.
I’m surprise that the practise of Provisional Lease have not stopped. In many past case, the Provisional Lease would be sub-lease to other commercial entity (as it did in Niah). The subcontractor would have paid in advance the 60 years land premium. And so, as my journalist relative explain it to me, the subscontractors wants value for money. They will not allow the bulldozer to stop, or sidestep a pepper plot, or vegetable plot, or even an Iban hut – to get returns on their investment.Yes, they even hire samsing with samurai sword to frighten any longhouse folks, dare to stand up for their ancestors plot.And won’t put it below their noble character, to bribe anyone standing in their way.
I have no hesitation whatsoever in condemning this is an injustice perpetrated against TK Nyalang and the poor Kenyah village/longhouse village folks. And I felt betray by the police for letting this happen as it did.They could have done much better to uphold justice and provide protection for the weak – than to simply make excuse.
According to DSP Bakar, the villagers had filed a legal suit against the Land and Survey Department and the company in May. 2003 but discontinued with the court case a year later. I am sure the villagers were represented by a lawyer, who should give legal advice to the villagers. Secondly, where are our PRS YBs (MP and ADUN) from Belaga?At least they know what is going on in their constituencies and take necessary action to be taken.
The police has clarified that the `uniform men` stood guard while the company`s workers clearing the land was not PDRM but auxiliary police employed by the company.
In my opinion, since the plantation company has been issued with a provisional lease until 2057 by the state government, the land belongs to the said company which has every right to carry out works on the land. This only can be stopped through court injunction. In the meantime, whoever encroaches into the land commit criminal trespass and it is the company`s duty bound to report the matter to the police who have to go to the scene to investigate the case.
In reply to Alex Poul dated 9 Nov. 2009. Jaku manah2 akih. Peda manah2 dulu anang nadai adat. Polis ka nyaga kuli SAMLING bekerjanya Polis Bantuan SAMLING empu tang ukai PDRM. Maklumat Lawyer Abun Sui Ancit ngagai Borneo Post nya hearsay aja . Lawyer tu nganu PDRM ngapa laban ia tu ” Street Lawyer ” lalu ukai Professional Lawyer. Enti ia betul2 professional tentu ia nemu beda antara Polis Bantuan enggau PDRM. Ia landik argue ba tisi jalai aja tang dalam court penemu ia nadai diguna orang. Ti enda pecaya tanya ngagai clients ia bisi ka kes ia kala menang dalam court.
In reply to Alex Poul dated 9 Nov. 2009. Jaku manah2 akih. Peda manah2 dulu anang nadai adat. Polis ka nyaga kuli SAMLING bekerjanya Polis Bantuan SAMLING empu tang ukai PDRM. Maklumat Lawyer Abun Sui Ancit ngagai Borneo Post nya hearsay aja . Lawyer tu nganu PDRM ngapa laban ia tu ” Street Lawyer ” lalu ukai Professional Lawyer. Enti ia betul2 professional tentu ia nemu beda antara Polis Bantuan enggau PDRM. Ia landik argue ba tisi jalai aja tang dalam court penemu ia nadai diguna orang. Ti enda pecaya tanya ngagai clients ia bisi ka kes ia kala menang dalam court.