Dayaks Have Been Short Changed Under Malaysia
Article by PaulRaja
My experience
I have just returned from the court this afternoon, after having a heavy-duty argument with Datuk Fong Joo Chung and Mr Joseph Chioh, both State Legal Counsels with the Sarawak Attorney-General’s Chamber.
I am representing the natives of Uma Apan (Apan longhouses) community, who are among those people affected by the demolition orders issued by the Superintendent of Land & Survey, Kapit Division, last year.
The native community’s application to resist the demolition orders has been before the court since July 2008.
For the past 15 years my legal practice has been defending native communities against Sarawak State government aggression. The State government works hand in glove with the rich and powerful timber companies and now plantation and tree-planting companies. The native communities have always been on the receiving end.
Defending natives’ land right is challenging
Speaking as one who comes from the native community, the defence of natives’ land rights is challenging, and the task an arduous one.
Often, we are considered aliens amongst our peers, at times a nuisance. There are always those who purposely make us feel uncomfortable and unwelcome. I pity their narrow-mindedness.
A long and painful road
Looking back, we have traveled a long way.
In the 1980s through the 1990s, defenders of native customary land rights were portrayed by the state-controlled media as “anti-government”, “anti-development” and anti-social. These defenders were subjected to all sorts of negative perception.
When I first ventured to do native land cases in the mid-90s, some of my lawyer friends even warned me that I would be blacklisted by the Special Branch of the Police Department. Those were some of the challenges that we faced.
In our early practice, the law on Native Customary Rights (NCR) Lands was still in its infancy. There were only a few cases which we relied on to support our arguments.
Cases from foreign jurisdiction were not easily available. Local cases were few and the concept of NCR was not deliberated thoughtfully.
Through the years, we began to build up our resources, and mount argument after argument. In the forefront were senior lawyers like Mr. Mekanda Singh Sandhu and Baru Bian. Later, when I went into practice, I got involved in similar cases.
Hard fought court case – we lost but we did not give up
Most of the time we lost, but we did not give up. But of course there were times when we pondered hard about our cause. The law on NCR then was not yet developed: the judges guided while galloping with counsels from both sides.
It was an onerous task for native plaintiffs to establish their NCR claims. The might of the State government machinery always overawed the courts and the native claimants. To a certain extent, there was always the firm belief that ‘the state can do no wrong’ and ‘the state is immune in any of its conduct, right or wrong’.
Obstacles on the ground
Moving from the courtroom to the ground, even the very people that we were defending were divided, with some supporting our cause and others opposing angrily. In many cases, we spent a lot of time trying to extricate our clients from the intrigues by the opposing members of the community concerned.
Having fought many cases and having gone through many humiliations in court, we realised that the natives’ land problem is not merely a legal problem. We saw that the root of the problem lies in the law that governs land tenure in Sarawak.
Our Land Code
Since the introduction of the Land Code [Cap.81] in 1958, the land rights of the natives have been continuously eroded. Now the natives are in the worst position they have ever been in. Apart from land, they lose out in almost every aspect of life.
Whenever the plights of the natives are highlighted, the so-called Dayak leaders, instead of lending support to the plight of the rural poor, are the first to condemn the whistle-blowers instead.
High hopes for Malaysia hijacked
When Malaysia was established, every citizen of the colony of Sarawak harboured high hopes that their aspirations, their dignity and their happiness would be attained. Dayaks, Malays and Chinese alike had their own hopes.
But along the way, all those hopes have been hijacked by a few individuals from among our own people. Because of these individuals, the majority of Sarawakians are angry, sad, frustrated and disillusioned.
The Dayaks are the worst affected.
Their lands, properties, wealth, identity and dignity have been taken away from them. It is undeniable that they form the bottom of the rank of the social strata.
The majority of the Malays are no better off.
The last few years have witnessed the emergence of land disputes involving Malay and Kampung Reserve lands. Suits have been filed, not dissimilar to the cases involving the other native communities. The majority of the Chinese have also been sidelined from the business enterprises, which are controlled by only a few big companies.
It is, however, clear that the Dayaks have suffered the most.
The oil palm plantation companies, the hydro electric dams, and the Licence to Plant Forests, among others, have taken huge tracts of lands from the Dayaks.
The Dayak Land Economy
The Dayak economy is very simple. On the community scale, the natives need the forest to live. The jungle forms the refuge for the flora and fauna which in turn are the source of livelihood of the people. On the smaller scale, the individual Dayak has his own holdings called temuda, which is in the form of cultivated lands.
BN propaganda – We do not take away natives ‘ land
Now with the advent of oil palm plantations, dam construction, forest replanting schemes, almost all the Dayaks lands have been obliterated. This is despite the often-repeated propaganda by BN elected representatives, that the government does not take away peoples’ land.
Legal tools to grab land
There are a few laws that are used as tools to take away Dayak lands. Besides the Land Code, there are the Land Custody and Development Authority Ordinance, Sarawak Land Development Board, The Forests (Planted Forests) Rules, 1997, and the Agropolis Ordinance.
LCDA – Let’s Chase Dayak Away
Among these, the two most notorious tools are the Land Custody and Development Authority or LCDA (jokingly referred to as the acronym for ‘Let’s Chase Dayaks Away’) law and The Forests (Planted Forests) Rules, 1997.
LCDA Mechanism
The LCDA is used to designate certain areas as “development areas”. Most of the time, these areas will affect the native lands. But the native lands are always erroneously and deceptively termed as ‘state land’. These lands are then alienated to certain companies.
LCDA helps individual to make quick bucks
These companies can be LCDA partners or individually owned. In most cases, those lands individually owned are sold to a third party, to make a quick buck. These deals normally earn these individuals millions of Ringgit.
The normal price rates for these provisional leases range between RM1,000 per acre to RM3,000 per acre. The areas of these provisional leases range from 1,000 acres to 20,000 acres.
While these huge transactions were taking place in the cities, the people in the villages were sleeping soundly in the longhouse, until a few months or years later. Then they woke to see bulldozers moving onto their lands.
The main Victims are the poor Dayak
This is the common scenario of land grabs in Sarawak. The main victims are the poor Dayaks. This predicament of the Dayaks community is just one aspect of the many problems they are facing.
Dayak YBs will never admit this problem
Yet the Dayak YBs will not admit these problems, for they expose the YBs as total failures. The YBs become very defensive instead.
Where does our road ahead lead?
Change WE Must.
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Inspirational word from gkm2020
This is both stale and old issue, or old “kasam” being placed in a second hand jar. As such DL should not waste time in responding or commenting.
Dr John
Have it ever occurred to you that some of those writing in your blog lately are not Dayaks and definitely not Ibans.
MJC, i would like to see dayaklama, john jamban, changop commenting on this matter. i really like to see they put their effort for their writings. or… they could be running out of ideas?
[...] here to read the rest: Dayaks Have Been Short Changed Under Malaysia : Dr. John Brian … Share and [...]
On the top of that is the Forest (Amendment) Ordinance 2001 further erode the ability of the people to benefit their ancestral land and to criminalise them taking forest products out of state land and communal land for commercial purposes,even for domestic use, without written permit.
Native Customary Rights(NCR) in Sarawak must be seen in the same light as indigenous peoples`s common law rights over land. They are rights for the people to move freely about their land, without any form of disturbance or interference and to live from the produce of the land itself.
Unggal Geronimo;
Those who wrote a comment on this blog actually an Iban… Amai amai Iban nya unggal.. Aku pun Iban wai..
Sida DL, JJ, Changop 4D, MJC nya sebenar iya political secretary to YB kitai Iban… Nadai pengawa ba opis, nya kebuah maioh masa nulis utai dalam blog tu… Nemu aku sapa sida iya nya…
Udah ditenggau tua Manang Empangau sida iya nya 3 malam ke udah.. Ha ha ..
Dayak Lama’
A bit funny to claim your ability to neutralise DB.Sometimes your comments are hilarious!
MJC,
Have you no thing to say on this?I believe a DL of your stature must have enough ammuniton to continue in this blog.
Cheers!
MJC,
Diatu awak ka kita nyium bau ‘kasam,belauk ‘kasam’,laban kita dayaklama selalu ngasam utai.ungkup kita amu,ka ngiga lebih ari patut ba semua utai.kita enggai ka utai ti ‘BARU’laban selera kita baka sida aki -ini maya lampung pecah suba.anang -anang kita agi ‘besirat’.apu!!!!
Unggal TR,
Auu, manah meh nya enti semua sida tiga tu PS sida YB Iban kitai.
Tang manah agi enti tak sida YB iban empu ke enggau kitai duduk ba ruai tu, ngambi ke bisi ninga utai ti ko kitai.
Pemadu manah enti sida iya ulih ngaga blog kadiri empu…
Cheers…
MJC,
You say this is kasam….. but don’t you know that they are still THE PORBLEMS experienced by the Ibans which still remain unresoled by the govt.
Kasam in whatever forms if still remains unresolved will still be a problem.
Give us the solution, then it will not be a kasam anymore..
Cheers…
Ha ha… sigi PS bala YB kitai Iban meh sida iya nya unggal Cikgu.. Kati aku tau nemu?
Siko ari bakih aku empu nyadi PS bala YB tang iya enda baka sida DL ke bukai nya… rindu nyadi ukoi diasoh ngasu serta nyadi tukang kipas ngambi bisi bulih projek siti dua diberi bala YB..
Nya kebuah aku munyi nya Cikgu… Tang aku sigi terus ngelaban penemu bala sida iya dalam blog tu… Nadai aku peduli ke sida iya nya…
Anang nganu Laja Sanggin. Iya bisi peluang begulai enggau YB Mussen lalu bisi privilege ari BN (ti amat), nya udah untung nasit iya. Diatu orang perintah tauka ukai sama-sama bepeluang kimpin.
Ku bakih Iban aku, agi lama kasam, agi nyamai makai ia.
Nya pan agi lama “isu” tu, agi beguna ia ba DB.
Bala kaban Dayakbaru,
I am in the opinion that MJC, dayaklama, john jamban, changgop and colleagues are trying to distance themselves from commenting on this particular NCR issue as they are not be able to substantiate it with facts. As I can see it, they won`t comment on any issue in the form of legal aspect points of view as they always posting their comments based on their assumption, imagination and speculation, which are nonsensical and far from the truth.
Hopefully, they will respond.
Baru aku sedar selama yu aku salah. Aku pinta ampun ngaggai semua laban aku selama tu nyukung perintah BN enggau buta.
Ke setegal nya badu agi aku enggau kita ditu.
Sorry.
Hello DB,
Don’t write nonsense and tarnish the good name of Dayaklama. Why we must talk the same thing over and over again. I am sick and try to refrain to talk about the subject as DB try to play the old video tape again and again.
We can’t never have an agreement with this particular subject, so i would suggest that DB just give a trial, just one trial in letting the JV for 60 years to plant the palm trees on this ( Non confirmance Right) land. This is just unproductive land all this while.
If you can say to try PKR and allow it to come to Sarawak with 1 term to govern and why not this JV, after 60 years you can get back the land and let it idle again.
What say you DB?
Dear Dr. John,
1. The question should be, which race has been short-changed, rather than posting a statement, “Dayaks have been short-changed under Malaysia”. Or if I may add more appropriately, a question should be posed, “has Sarawak been short-changed under Malaysia”.
2. As Dr. John wished it and made a strong statement, should I suggest we list down the reasons why the readers feel that Sarawak has been short-changed under Malaysia on grounds in respect of the following:
a. Income.
b. Education.
c. Land.
d. Health.
e. Wealth.
f. Freedom of religion.
g. Freedom of language/speech.
h. Housing.
i. Agriculture/Farming.
j. History.
k. Culture.
l. Technology.
3. Would dayaks be better off compared with if they were to continue under British rule?
4. What do dayaks expect they should get from the government, be it under Malaysia or under the British, that they would then consider they are not short-changed?
5. Are other racial groups worse off compared with dayaks?
6. It is real or perception? Or is it like Oliver Twist, asking for more, like there was never enough?
7. It is good to make a comparison chart.
Thank you, Dr. John.
Dear Dr. John,
Whether it is based on Dayak or Iban Adat or Land Code 1958, are not the dayaks better off now than before? As I see it, dayaks in general are far better now than before, except for a small percentage who are not as well off as the past dayaks. To these poor dayaks, they have my highest concern and sympathy. They are the one who appeared to be short changed. But are they really short changed under Malaysia. Or they are appeared short changed because of the own dayaks leaders in the state government or because smart educated dayaks under malaysia are not lending a helping hand to the poorer dayaks? I tend to believe that not one, not two, not three parties are at fault but we as a society are all at fault. Please stop pointing fingers at one particular group but start doing something good for the poorer ones, regardless of their race, creed and political affliliation.
There are few dissatisfied dayaks who are well off but they are not as rich as some filthy rich dayaks or non-dayaks, they are the ones making noise and condemning the government and their own politicians on the side of BN government.
Many dayaks are extremely better off now under Malaysia and some become multi-millionaires and a handful billionaires. To compare us with these few privileged dayaks and jealous of them, is most unwise, making oneselves unhappy. The same thing applied to other races. Few are fithy rich, the rest are either ok or surviving or poor. This happens not only in Sarawak or Malaysia but over the whole world.
We should aim right (at the right target) and make our shots effective. Learn to live in harmony. Learn to work smart and hard. Earn our keep and save some for our children and old age. Be on our two feet. Above all, stop blaming others for our own short-comings.
In short, we short changed ourselves. We don’t appreciate what we have. We don’t care to maximise our productivity of the land God give us. We waste our talents, knowledge, skills and energy talking instead of walking the talk. We blame others in not helping dayaks and do nothing much ourselves to help them. Perhaps, it is time for dayaks to sit down and ponder how much we help our poorer fellow-dayaks. At second thought, why can the dayaks be more like Dato Henry, have a company and employ many dayaks to work for the company. Ask the dayaks who own companies to lead and show the way. Then, we can say, “yes we can. Henry can, Alex can too.”
Today, under Malaysia and under Sarawak Government, the dayaks in Malaysia become the No. 1 and most successful indigeneous people in the world. It is up to the dayaks to keep and maintain the No.1 position.
Thank you Dr. John.
Dear Dr. John,
What do say if I suggest, you should campaign to motivate and change the dayaks’ mindset, to positive thinking, desire for excellent education, love in giving to the less fortunates, good working ethics, saving-habits, discarding bad and squandering habits, discarding subsidy mentality, to advance themselves, instead of, campaigning asking them to change the government.
I know you may say you have cover that in another subject. But I observe your emphasis is more on the negative aspects and negative thinking which once the dayaks got into their minds would be hard to erase in the future. Please give a thought to what I say, as the collateral damage could be perpetual. You don’t want to be the one that cause the short-changed as you wanted others not to cause.
In your spare time, if any, think of the short-changes the dayaks had caused for others, including the non-bumiputras.
God bless you with an excellent brain, use it well for all human beings, starting with those around you.
Yes, Mother Teresa said, “help the one nearest to you first”. She meant regardless who that poor person is. He is, after all, a creature of God.
That way, you can help the dayaks too, in the process of helping all human beings. Love knows no barrier.
“He who oppresses the poor shows contempt for their Maker, but whoever is kind to the needy honours God”. – King Solomon.
It is not only the government can help. We all can do. So can all readers on both sides of the divide.
God bless you, Dr. John.
Kasih meh tudah aku tu nadai setempap tanah pesaka NCR. Enti aku bisi tanah udah abis nya aku tanam enggau sawit enggau paung rian awakka enda ngining orang. Nyadi kira ke enda layak meh tudah aku tu meri komen ditu.
Ngagai kita he bisi tanah dia, kita tu patut jampat jampat nanam sawit, laban sawit tu kelimpah ari ngeluarka asil, ia tau nyadi kilang oksigen ko menteri kitai. Anang nganti orang bukai nyungkor enggau lipan baru dani tindok. Tak perimba bendar dia bakih, anang ngalau tulang. Enda pia bakih?
Dear Sirs,
We have two hands, one is to help ourselves the other is to help others.
We cannot be short-changed by others unless we allow them to do that to us.
We cannot be defeated unless we allow ourselves to be defeated.
We cannot lose our land, unless we allow our land to be lost.
Dato Sri James Masing had explained well in the last DUN sitting and it was DAP YBs that raised the NCR land issues. Isn’t it irony?
The dayak YBs found it no issue including Dr. Johnical Rayong and the famed YB Gabriel Adit. How strange?
Have the dayaks concerned been sincere and truthful on making the land grab claims? How come the majority of the dayaks including the dayak Ministers and YBs maintaining were on silence mode.
Have the dayaks have the techniques and measures to identify th elands as their NCR lands? Or is it based on words of mouth, if these lands have been really their farm-lands?
It is only logical for the claimants to tell how did they come to the conclusion their NCR lands are grabbed, unless they were sure the lands are theirs in the first place.
Dato’ Sri James Masing had once said, as the Minister of Land Development, it was easy to prove or disprove the status of the land. Why not follow his advice and find out from him how to go about doing it.
Where there is a will, there is a way to solve the NCR issue.
Get help if necessary. Please do not allow pride to impede the advancement of the dayaks. Even Singapore employs many CEOs, experts and consultants from all over the world. See how Sarawak BN employ the NCR-expert lawyers suited for the job.
May all teams play their game fairly, according to a “RULE” and the better team win.
God bless Sarawak.
Unggal Equalizer,
It is only logical for the claimants to tell how did they come to the conclusion their NCR lands are grabbed, unless they were sure the lands are theirs in the first place.
………………………………………….
More than 300 NCR cases still in court for more than 10 years. UN make a proffesional study and claim that Dayak NCR land have been grabbed badly with fact.
Does all of this thing is not enought to prove that Dayak NCR land has gone without proper law? Or Shall we still keep on deny this.
Said Haja Mehom:
Kasih meh tudah aku tu nadai setempap tanah pesaka NCR. Enti aku bisi tanah udah abis nya aku tanam enggau sawit enggau paung rian awakka enda ngining orang. Nyadi kira ke enda layak meh tudah aku tu meri komen ditu.
_____________________________________________
Igat Haja Mehom, I am seeing it this way. You and me may not have any palm-sized of NCR given by our elder siblings at home towns. You know, those who are empowered to rule or run the govt machineries are mainly people like us. If I were to be in that position, I would try to get back those lands by proposing good policy for me and you to take away from our sibling and get them develop by antu raya who in turn benefit us.
Tua sigi enda ulih nanam sawit laban menyadi tuai sigi enda meri tua tanah ke besai kena tua muka ladang sawit kadiri empu. Nadai jalai bukai, uji tak rumpak ngena polisi gomen pura pura deka ngasoh antu raya bekunsi enggau sida iya. Nya aja meh peluang tua ulih ngambi NCR menyadi tuai tua nya.
Whoever has many NCR must start to developing them with any crops. It’s really useless to let the lands idle without any returns. I urge the dayaks who cannot afford to develop it themselves must look for joint-venture with their own people or wealthy villagers rather than inviting the antu raya from outside to develop them.