Kempen Tandatangan Penduduk Baram
Taken from Sarawak Uppdate
Dayakbaru:
We must stay united and help our brothers in Baram. Please join in the signature campaign.
Jawatankuasa Protem Tindakan Rakyat Baram (JTRB)
melancarkan Kempen Tandatangan Penduduk Baram bagi sebulat suara membantah projek pembinaan Empangan Baram di kawasan mereka.
Pengerusinya,Philip Jau berkata kempen ini adalah inisiatif jawatankuasa untuk menentang pembinaan empangan yang sebelum ini menimbulkan keresahan di kalangan penduduk terutama kaum Kenyah dan Kayan.
“Kempen ini mewakili rintihan rakyat di kawasan Baram yang terancam dengan pembinaan empangan. Kita mahu suara ini sampai dan didengar kerajaan, sejajar dengan rakyat didahulukan, pencapaian diutamakan,” katanya semasa pelancaran kempen itu di sebuah hotel di Miri hari ini.
Kempen itu dilancarkan sempena Forum Awam Empangan Baram anjuran bersama JTRB, Pakatan Konservasi Alam Sekitar Sarawak (SCANE) dan Institut Sumber Borneo Malaysia (BRIMAS). Read more
Popularity: 17% [?]
JVC Model is contractual relationship
Taken from article by Assoc Prof Ramy Bulan
Dayakbaru:
Why did the government introduce a law : map making by the communities could be an offence when the government herself refuse to survey native land?
Don’t you think that the government is creating “bad law” to deprive the Dayak of their land heritage?
Change WE Must
LCDA is the native trustee and has clear fiduciary duty to protect the rights of natives
This means that, when native customary landowners surrender their rights to the LCDA as trustees, there is a clear fiduciary duty to protect the rights of the vulnerable right holders. A government agency that takes on the duties of a trustee under a commercial arrangement becomes a ‘trustees twice over’ (Finn 1992: 243), particularly where the vulnerable landowners depend on it to negotiate the best terms on their behalf (Lehane 1985: 98).
JVC model is contractual relationship
In the present JVC model, the relationship between the corporate developer and government agency (trustee) is contractual. Does a fiduciary relationship exist between them? It is suggested that the mutual confidence between the JVC and the LCDA (or its agents), in appropriate circumstances, does not exclude the possibility of a fiduciary relationship.
The Malaysian Federal Court has already held that the relationship between parties in a joint venture agreement is a fiduciary relationship. Thus, if a right is not sustainable in breach of contract, there may be an avenue in equity where there is a breach of the fiduciary obligation. Read more
Popularity: 19% [?]
Agenda BN sigi deka ngerumpak tanah Dayak
Di tulis Iban Abroad
Ditu, aku rindu agi ngena jako Iban awak ka orang rumah panjai bisi nemu utai dikerandau ka kitai ditu. Laban taget randau kitai pasal penyarut tanah NCR Dayak tu nadai lebih ari orang rumah panjai.
1. Sejengkal Tanah Rizab Melayu nadai tau dikachau bansa bukai ngena chara meli, sewa tauka ngaga projek ngena nama kompani ke ukai Melayu. Enggai dikumbai mensia maioh bula, berita ke silik agi pasal jual-beli tanah rizab Melayu tau dipeda kitai maioh ba web site. http://www.mudah.com. Enti BN nadai bisi agenda ke jai deka ngerumpak tanah NCR Dayak nadai kebuah BN enda tau ngopi undang-undang orang Malaya ke bakanya. Agi ga kitai udah dibai Najib 1 Malaysia. Read more
Popularity: 19% [?]
The New Model: Joint Venture Companies
Taken from article by: Assoc Prof Ramy Bulan
Dayakbaru:
Many YBs are not even familiar with this New Model.That way, we hear them talked nonsense in the longhouse.Instead of explaining the facts to the people they issue threat – blacklisting TR, no projects to be given to those who oppose the JV etc.
We Dayakbaru must understand the detail of this new model to improve our knowledge of the mechanism and to identify areas that are disadvantageous to us Dayak NCR land owners.
The Concept of the Joint Venture
The concept of the joint venture is premised on the assumption that Native Customary Land, which is now unorganised and fragmented, can be turned into an economic asset through the creation of a Native Customary Land Bank. Once pooled, it is assumed that large-scale plantation development and optimum returns can be realised. It is also assumed that large areas of Native Customary Land are attractive and viable for private investment. Read more
Popularity: 40% [?]
Agricultural Policies and Land Development Schemes
Taken from Article by: Assoc Prof and Deputy Dean of Faculty of Law UM (Ramy Bulan)
Dayakbaru:
Let us try to understand better what the government is trying to do to help Dayak. Has the government delivered according to their plan or has they deviated from their plan and abuse the plan for their own profit.
Why is it impossible for NCR land order to apply and develop their land on their own? Is this the government policies or is this one of the way the government is putting NCR land owners down and stay in poverty.
Small Holdings
To encourage native smallholders to participate in commercial land development, a series of land development schemes were undertaken from the 1960s to the 1980s. These have been documented by many writers such as Hong (1987), King (1988), Cleary and Eaton (1996), Ngidang (1998) and Majid Cooke (2002). Read more
Popularity: 31% [?]
The Sarawak Land Code 1958
Taken from Article by: Assoc Professor Ramy Bulan
Dayakbaru:
Please read slowly and understand to help you explain NCR issues in the long house.
The Sarawak Land Code 1958
The Sarawak Land Code 1958 is based on a Torrens registration system which only recognises registered interests in land. The person claiming ownership or interest must have a document of title in the form of a grant, lease or other document as evidence of title or interests. There is, however, a provision for the creation of Native Customary Land under Section 5(2) which is limited to six specific methods; namely:
* the felling of virgin jungle and the occupation of the land thereby cleared;
* the planting of land with fruits;
* the occupation of cultivated land;
* the use of land for a burial ground or shrine;
* the use of land for rights of way; and
* by any lawful method (deleted in 2000).
Numerous amendments have been made to the Land Code Read more
Popularity: 33% [?]
Native Customary Land: The Trust as a Device for Land Development in Sarawak
Taken from Article by: Ramy Bulan ( Associate Professor – Faculty of Law,University Malaya)
Defining Native Customary Rights to Land
Dayakbaru: Please print and distribute to your friends
Sarawak Unique History
Sarawak has an anomalous and unique history as a British colony. A British protectorate in 1888, it was only annexed to British dominion in 1946 and became independent when it joined Malaysia in 1963. From 1841 to 1946[1] it was ruled by the Brooke family, whose members were themselves British subjects. This historical legacy has shaped, and continues to influence, the development of the law and policies relating to native customary land.
System of Land tenure based on ADAT – even before Brooke
Prior to James Brooke’s arrival in Sarawak there was in existence a system of land tenure based on adat (native customary laws). That system remained virtually the same over the following century. Native customary rights to land consisted of rights to cultivate the land, rights to the produce of the jungle, hunting and fishing rights, rights to use the land for burial and ceremonial purposes, and rights of inheritance and transfer. According to native ideas, the clearing and cultivation of virgin land confers permanent rights on the original clearer (Geddes 1954; Freeman 1955; Richards 1961). Read more
Popularity: 22% [?]
DAYAK – UNDERSTAND YOUR “NATIVE RIGHTS” PART I
Written by gkm2020
Updated: 4/3/2010
You’re nothing if you’re landless
As Native, we can’t blame anyone if we all end up landless and be forced to seek in the littering urban areas as ‘Bangsa Orang Setinggan Sarawak’ (BOSS) and/or ‘slump dog’. We still have time to acknowledge our “Native Rights”. If we failed to plan, we plan to fail.
Ignorance of the law is no excuse and inaction in the face of encroachments onto our land is the sure path to landlessness. We may have many NGOs but how effective and active are these organization today?
We need to Change our think to ‘rethinking model’; what, why, where and how we have gone wrong, and find what possibilities and opportunities beyond all these? Read more
Popularity: 23% [?]
ADAT PART II – UNDERSTAND OUR LEGAL USUFRUCT RIGHT
Written by gkm2020
Updated: 15/2/2010
How are Dayaks related to the native of Borneo?
To understand your native origins, you need to understand your history;
- If you do not have ‘usufruct right’ then you’re not the indigenous people or native of Borneo.
- If your ancestors sleep in this land then you’re the native children of this land.
- If you and your ancestor do not have any ‘Adat’ and/or ‘abi-besi’ then you’re not a native. (Adat herein means a native custom or body of native customs or Adat communities or Adat law communities, many others of the indigenous peoples of Borneo which lawful effect has not been given thereto under any written law and shall be deemed to include the tradition and culture of the natives.)
- If your ancestor had not farmed the lands of Borneo before the British Colonial and the Federation of Malaysia then you’re not a native.
So, long before any European and/or ‘Melayu Raya’ arrived in “Borneo Island” the Bansa Dayak are native peoples who had been living in their own distinct societies with their own laws, customs (referred to as Adat) and economies for thousands of years. Read more
Popularity: 21% [?]
CNY and Gawai are Cultural Festival
Written by Dr. John Brian Anthony
Happy Chinese New Year – Kong Xi Fatt Chai
Greeting to all our Chinese friends who are celebrating CNY. Please remember – it is not wrong to visit one another open house. It does not interfere with your belief system or faith in your god / Allah.
CNY is a festival to start the padi harvesting season. Our Gawai festival is to mark the end of the harvesting season and to prepare ourselves for the new farming season. Therefor Gawai Dayak coincide with Gawai Batu too, to mark the beginning of the farming season.
WE are Christian – we do not celebrate CNY / Gawai.
I met some Chinese and some Dayak who says that they are Christian and therefor they do not celebrate CNY / Gawai. Both CNY and Gawai are Cultural Festival. Do you know what it means? A cultural festival is celebrated to mark the cycle of life of that particular community. A cultural festival is NOT connected to a belief system or faith in god / allah. It marks the event of ordinary life of the community. In Chinese and Dayak, farming is a way of life long ago and is still now. Why is “relgion” – or belief system and faith associated with this cultural festival? Read more
Popularity: 14% [?]
ADAT PART I – IS OUR LEGAL USUFRUCT SYSTEM!
Written by gkm2020
Updated: 14/2/2010
Just my thoughts on our Adat heritage
The contemporary definition of our ‘Native Cultural Heritage’ includes the native way of life, indigenous cultural, native customary law and indigenous intellectual property.
What is Adat?
Adat plays very important role in Bansa Dayak’s way of life, culture, laws and custom. Adat is the main inspiration for ethnic philosophers, as it is the intellectual legacy which belongs to a particular ethnic group. Adat is inherited from an ethnic’s forefathers to later generations of the ethnic group. Read more
Popularity: 22% [?]
Where are the Dayak warriors today.
Written by Dr. John Brian Anthony
Malay Warriors in Penang
The State government tore down the illegal “stall /gerai” in Penang and a section of the Malay go into street demonstration to protest the action to bring down the stalls. The Malay reacted like it is the end of the world for them. These is what extreme UMNO members called them “Wira Melayu”. Just read the other blogs – you will see such statement and sentiment.
In sarawak, the government tore down Dayak long houses and dwellings and the Dayak did nothing like going to the street to demonstrate and protest the high handedness of the authority in dealing with the native Dayaks. Are the modern day Dayak made up of new gene of coward Dayaks?
Is there any more Dayak warriors left in Sarawak?
Maybe there is NONE left. We may have to bring up this warrior again. The warrior spirit is still with the Dayak and the missing part is the “organizer” and the organization. The wisdom in the warrior ADAT is still sleeping. The government should not attract the Dayak warring wisdom. But the government is doing just that. The government made use of their power to abuse the Dayak and their ADAT. Read more
Popularity: 25% [?]
Don’t simply change “ADAT” least you lost your identity
Taken from The Borneo Post
Dayakbaru:
The topic of Dayak ADAT has not been covered at all in this blog. I think we should because our value system and wisdom originated from our ADAT. And ADAT is derived by our environment and needs. Time might have change for many of us, but ADAT is our roots. In this way the Dayak heritage would be preserved. If the ADAT become obsolete, we should not just throw it out. What we do is, we simply do not use it. At a point in time scholars can put or categorize our ADAT and draw knowledge from the analysis to better understand WHO WE ARE.
Many young Dayak do not know Dayak ADAT. It put them in a disadvantage in relation to their understanding of who they are. The coming of modern religion has the tendency to look down at ADAT and even scoff at ADAT as they said it belong to uncivilize people. I beg to differ.
Our believe in GOD, in salvation do not take us away from our root. The more we do not understand our ADAT the less we know how to adapt to new environment and surrounding.
The article below is the starting point of this discussion on DAYAK ADAT. Read more
Popularity: 24% [?]
Dayak helpless mentality leads to Dayak failure.
Written by Dr. John Brian Anthony
Racialist
The UMNO Malay are using the term bumiputera to gain business quota. The UMNO Malay could not even care less that the term bumiputera includes the natives of Sabah and Sarawak. Why should they malaya Malay care?
The Dayak politicians are participating in BN and the Dayak voted for BN because BN has drilled into the Dayak that BN would bring progress to Dayak. We all know that till today such promise has not been met by BN.
The Dayak YBs has been bribed and bought by Ketuanan Melayu. The Malay has NO feeling what so ever over the lack of development for the Dayak both physical and mental. The lack of education among Dayak is not helping out to hasten the change. By the time the Dayak realize what is going on Dayak would have been the poorest community in Malaysia.
The Dayak YBs felt that they are doing their best
What is their best – do anyone of you know it. In Sarawak if the Dayak do not participate in forming he government that government would have no standing. Some dayak YBs choose to be bought and get rich rather then to stand for Dayak rights. Are we running the Dayak leaders down? In a way we are because they have not shown any effectiveness in improving the livelihood of the Dayak within SARAWAK.
Hey, why blame the YB. The YB are frustrated with Dayak who cannot even pull themselves together and be able to initiate small things to help themselves. Why bother with “monkey” Dayak – it is better to get rich personally through political position and connection. Let the Dayak with helpless mentality be where they are as they choose to be. Read more
Popularity: 25% [?]
William Nyalau – Tuai Rumah MUST support BN
Written by Dr. John Brian Anthony
The Honourable YB William Nyalau brilliant thesis on Tuai Rumah.
About two weeks ago the handsome MP from Lubok Antu – William Nyalau said that Tuai Rumah are part of the government service – in fact TR are government servant according to his brilliant reasoning because TR are given a monthly allowance of $450.00. In fact, the State government contribute $50.00 and the Federal Government gave $400.00. With such reasoning the honourable Member of Parliament made it clear to all Tuai Rumah that they must support BN / government because they are beholden to their pay master – the government.
Is a Tuai Rumah a Government Servant?
The answer is NO! He does not enter into an employment contract with the Civil Service and is not bounded by the General Order. A Tuai Rumah also do not enjoy the benefits accorded to a government servant and the Tuai Rumah are not “graded” as required by every position in the civil service.
Of course the Honourable YB may has his argument – to me he is just adding more confusion to the responsibility of being a Tuai Rumah. It is the lowest possible category class of politicking. I do hope the DUN member for Batang Ai can educate the MP on the matter. Read more
Popularity: 38% [?]
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Inspirational word from gkm2020
