Blind and Biased Judges
Taken from The Malaysian Insider
Dayakbaru:
Former Court of Appeal Judge NK Chan made a blistering attack on some judges who he says are not competent and biased towards UMNO led Government.
Many of us Dayakbaru might think that this is happening in Malaya only. This is not true. It can also happen in Sarawak and Sabah too even though we have a different Chief Justice.
We Dayak have many land cases awaiting hearing. We may get incompetent judges to preside over the case, a judge who has little knowledge of our ADAT and CULTURE. We can also have judges that are totally bias for the government and therefore would not see the difference between justice and injustice.
Dayakbaru are however thankful that some important cases has been decided in favor of recognizing natives rights over their land despite the government effort to extinguish such rights.
We must stay vigilant over biased judgment and injustice for Dayak. Our community from now on must respond strongly over bias judgment and injustice done to us through the judiciary. It is about time we consider going into the street to fight and draw attention to our rights in a democratic country. Read more
Popularity: 13% [?]
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% [?]
Sarawak JVC land development is “facilitative commercial trust”
Taken from article by Assoc Prof Ramy Bulan
Dayakbaru:
Please take note that the Agong is to protects the natives of Sabah and Sarawak under the Federal constitution. (Should we send a memorandum to the Agong on Sarawak Government land grab policies?) Please read the article slowly to understand better our JVC Konsep Baru model.
The Trust and Native Customary Land Development
This ‘new model’ JVC is a type of development trust which is a ‘facilitative commercial trust’ (Bryan 2001). Creating a trust circumvents the requirements for a person or persons to be a party to the contract in order to enforce it. A third party cannot enforce the contract but he may enforce a trust even though he was not party to it. The beneficiaries include persons whose names appear in the appendix of the trust deed, their respective heirs, successors in titles, executors, administrators, personal representatives, trustees and any other person claiming title or interest in the name or on behalf of the native customary owners.
The trust does away from the need to equally contribute equally in order to share equally in the profit
The trust also does away with the need to get into a partnership that will require the parties to contribute equally in order to share equally in the profits (Ladbury 1987). Most native landowners do not have the financial means to develop the land, so vesting the land in trustees is arguably one of the most appropriate mechanisms that can be used. Be that as it may, the intrinsic nature of native customary rights could give rise to problems peculiar to this kind of trust. Read more
Popularity: 13% [?]
SKIM MUNOH RAYAT – PART II
Written by gkm2020
Nuju Unggal John Jamban and other DL,
I refer to your comment: John Jamban on March 10th, 2010 8:18 am
Hello Kaban Bloggers,
……BUT THEN MOST DB GROUP DO NOT AGREE TO IBAN CM DONE IN THE PAST……BUT NOW DB ….. WHERE IS DB VERSION OF LAND DEVELOPMENT….PLEASE JUST LIST YOUR PROPOSAL HERE. IT IS EASY TO CRITIZE RATHER THAN IMPLEMENT.
Nya aja kaban…
My Personal Opinion,
Honestly the current NCR Scheme is truly a “BOGUS SCHEME” known as “SKIM MUNOH RAYAT” with so many proven negative factors and legal implications. Can you explain why there are more than 100 NCR Land legal cases on-going in the court right now?
Laboh bekeberai air mata meda pemedis sereta pemerinsa kitai Iban/Dayak diayah ulih “Perintah Munoh Rayat”
Iban natives of Sungai Sekabai are shocked after the destruction of their village by “Perintah Munoh Rayat” authorities; in the center headman Nor anak Nyaway. Open your eyes wide and take a look how smart are these rural yet unfortunate folks when compare to Taib and our current Dayak YBs dressing? 47 years of “buah kepayang merdeka”??
Therefore, it’s recommended that such ‘BN New NCR Development Scheme Concept’ shall be dropped and rejected for good. After all, majorities of the landowners are already on the loosing end ie with your ‘win-lose business model’ and with a much questionable ‘transferable land concession rights’ to another third or fourth parties unethical business model. Read more
Popularity: 18% [?]
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% [?]
CHANGE WITHIN DAYAKBARU
Written by gkm2020
My personal opinion,
Change Within DayakBaru – We Change Our World
“DayakBaru” (DB) is not ‘baru’ but for us, Bansa Dayak, (the old and the new generations must come together as ‘1Bansa’) to enhance our creativity and/or share a ‘new way’ of thinking methodology; the Rethinking Model – the ‘baru’ ways in facing the challenges we confronted today.
When confronted with a new challenge (the good, the bad and the ugly), you must first need to determine if your work climate is reactive or in a proactive mode. In most cases you would probably know. The key to success is to know yourself.
But take a moment to assess the situation and carefully analyze it. Changes may have occurred that will contaminate the issue. And we all have seen among us probably some ‘contaminators’ are present here too in this blog. Read more
Popularity: 25% [?]
Sabah and Sarawak do not have any school in the nation top 20
Taken from Malaysia Today
Teachers” Union Association Sabah / Sarawak
William Ghani Bina, the chairman of the Teachers’ Union Association for Sabah and Sarawak Joint committee said that the teachers of the 2 states are ‘very insulted and demoralized’ b the recent announced of the top 20 schools in the country which did not include any schools from the 2 states and that teachers and parents have been calling him over the issue.
It is a great insult to Sabah and Sarawak
He said “They said the announcement of the 20 highest-performing schools came as a great insult to teachers in both Sabah and Sarawak. The results were demoralising to them. They felt strongly that 43 years after Sabah and Sarawak became part of Malaysia, the national education policy has failed. Read more
Popularity: 34% [?]
Dayak – Armed Forces University is looking for You
Taken from Borneo Post
Dayakbaru:
Our YBs are sometime too full of “shit” that they cannot even see the opportunities for Dayak entering the Military College University to serve the country.
If the YB has done a good job by communicating this info, then is the Military College University intakes based on “racial” preference again to complete the Malay agenda? We have too much experience in this false hope and I do hope that arm are more honest and less politicking.
Iron Fist – acting like “intelligence Agent”
Why is JASA not explaining such info into the long house and engage in drinking coffee and solicit information to undermine the Opposition. Funny thing is when Opposite organized ceramah then JASA would organized one to next to the Opposition to put fear on those who attend the function.
Kemas will walk around with camera etc to put fear on the people to discourage them to listen to the Opposition views. What is all this – this is called the IRON FIST of BN. They are eager to put Opposition into problems.
Now read the article below and see whether you want Dayak Youth to join the Armed Forces. Hopefully our youth can climb up to a General Rank – after 47 years in Malaysia, Dayak have never got into a General post. Is that a fair representation of the various races in the Armed Forces? Read more
Popularity: 33% [?]
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% [?]
Malaysia is made up of 3 countries as equal partner
Written by Dr. John Brian Anthony
There is no 13 States in Malaysia
There are 11 Federated Malay States in Malaya. Sabah and Sarawak are NOT in the same category of Malacca, Johore, Selangor etc. Sabah and Sabah are independent countries before forming Malaysia.
Who says that there was no agreement when Malaysia was formed? Do you really think that Sabah and Sarawak are so silly so as to form Malaysia without an agreement. Most people in Malaya ( i will not refer to Malaya as West Malaysia anymore from now on) were told lies in school and wrong facts of history to create the impression that Sabah and Sarawak are of the same status as the Malay State. Read more
Popularity: 26% [?]
DPM/ Education Minister School Holiday not sensitive to Sabah Sarawak Needs
Posted by Dr. John Brian Anthony
This letter is from one Dayakbaru reader and he wishes to bring the attention of Dayak that the 2010 School holiday has been reverted back to 5th June which will make life very difficult for those Dayak working in West Malaysia. Has it got to do with the coming State election – predicted to be before gawai 2010?
Please read the letter below.
Dear Sir,
I would like to thank you for being vocal about justice and rights of our people. More often than not the Federal Government takes us for a ride. And we are seen as the backward people in Malaysia. Read more
Popularity: 32% [?]
Tanah Melayu tipu dan hutang Borneo
Written by Haji Jualaihi Haji Suut
Cerita kita hari ini:
Malaya kantoi. Malaya tipu Borneo. Malaya putar-belit sejarah. Malaya berhutang dengan Borneo . Sasaran cerita ini: Orang Borneo mesti copy-paste dan emailkan kepada sekalian rakyat jelata Malaysia. Tujuan cerita ini: Pembetulan sejarah Malaysia
Pakcik diberi keutamaan oleh The Four Horsemen dari kepulauan Borneo untuk membentangkan kertas kerja berkenaan penubuhan Malaysia tahun 1963 dan perkara-perkara bersabit 1963. Ulasan pakcik hari ini banyak berdasarkan fakta-fakta sejarah yang dipetik dari pelbagai sumber yang dipercayai, termasuk transkrip orang Inggeris di Parlimen British. The Four Horsemen menamakan kertas kerja hari ini ‘Aprilfool Malaya’.
Projek APRILFOOL MALAYA (tugasan):
1. The Debate On The Malaysia Bill In The British Parliament 19th July 1963 (Kajian Sarah J. Brooke)
2. How Sarawak was conned into the Formation Of Malaysia: Dr Ooi Keat Gin (Kajian James anak Bond)
3. Separate but equal by N Shashi Kala and Ooi Ying Nee; Things fall apart By Sim Kwang Yang (Kajian Devil’s Advocate)
Tugasan-tugasan di atas diserahkan untuk tindakan lanjut pakcik, maksudnya penulisan dan pembentangan dalam bahasa ibunda. Read more
Popularity: 39% [?]
What is the meaning of all these “wrongs”.
Written by Dr. John Brian Anthony
Happenings
Events are coming in fast and strong in Malaysia under Najib. This cannot just happened but it must have a cause and effects. What is “wrong” now is the government is trying to hide all these cause and effect and now Malaysian see the “deceit and lies”.
In Dayakbaru you can see the lies and deceit of MJC, John Jamban, Dayaklama, Deo et al. These government people has no conscience over what they say or project as long as they can stay in power.
Wrong 1: – PKFZ
The Operational Executive were brought to court. With that amount of money being swindle from the government, the involvement has to be from the top. Kuala Demensi BOSS – Bintulu MP and Chairman of BN Backbencher club is still free. His accusation of $10million given to MCA Ong Tee Kiat do not seemed to be investigated.
Will the government sweep it under the carpet? Probably scheming now – we never know. Read more
Popularity: 30% [?]
We can all say goodbye to 1 Malaysia if ABIM /PKPIM hold their protest
Taken from The Malaysian In sider
By Adib Zalkapli
KUALA LUMPUR, Jan 5 –
Muslim youth movement Abim and the National Association of Muslim Students (PKPIM):
Are planning to hold a nationwide protest this Friday against the High Court decision to allow Catholic weekly Herald to use “Allah” in its Bahasa Malaysia edition.
Abim secretary-general Raimi Rahim told The Malaysian Insider the main protest will be held at the Kampung Baru mosque near the city centre after Friday prayers on Jan 8.
“After performing Friday prayers, we will perform solat hajat (prayers of need) before we proceed for the peaceful assembly,” said Raimi, who expected a turnout of at least 3,000 people. Read more
Popularity: 28% [?]
PKR: Terima Terbuka Hasrat bukan Islam guna kalimah ”allah”.
Taken from The Malaysian Insider
Oleh G. Manimaran
PETALING JAYA, Jan 5 -
Parti Keadilan Rakyat (PKR):
Satu lagi komponen Pakatan Rakyat (PR), dalam kenyataan terbuka berhubung polemik penggunaan “Allah” berpendirian bahawa keinginan masyarakat bukan Islam untuk menggunakan kalimah “Allah” sebagai Tuhan perlu diterima secara terbuka.
Perkembangan yang positif
“Kami berpendirian bahawa keinginan masyarakat bukan Islam menggunakan kalimah “Allah” sebagai Tuhan adalah suatu perkembangan yang positif. Read more
Popularity: 23% [?]
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Inspirational word from gkm2020
