Jalan Batang Lupar Banyak Lobang – macam biasa di Sarawak
Penduduk di kawasan Jalan Batang Lupar, Sri Aman merayu ahli Parlimen dan ADUN mereka turun padang dan melihat dengan mata kepala sendiri masalah kerosakan jalan raya.
Seorang penunggang motorsikal iaitu Mike Achan, 48, berkata lubang lebar yang berada di tengah jalan itu bila-bila masa sahaja boleh menyebabkan kemalangan.
“Masalah kerosakan ini wujud semenjak tahun lepas. Saya meminta jasa baik pihak berkuasa tempatan untuk menurap semula lubang berkenaan,” menurut beliau.
Seorang lagi penduduk yang hanya dikenali sebagai Nading, 22, ketika ditemui menjelaskan bahawa keadaan menjadi semakin bahaya apabila hari hujan kerana ia menyukarkan para penunggang motorsikal untuk mengelak laluan berlubang.
“Saya pernah nyaris kemalangan kerana gagal mengelak lubang ketika hujan lebat turun di bandar ini minggu lepas.
“Itu cukup berbahaya. Saya meminta pihak berkuasa tempatan untuk memberi perhatian serius berhubung isu ini demi mengelakkan kejadian lebih buruk berlaku di masa akan datang,” katanya.
Popularity: 27% [?]
Rahman Yakub – not honest in his opinion
Taken from The Malaysian Insider
Dayakbaru:
Pakatan Rakyat promised to give Sabah and Sarawak 20% of royalty from oil from 5% today given by BN should Pakatan Rakyat win control of Sarawak government.
My contention is we should received 50% on oil royalty. However 20% is 4 times better then the 5% we received today. 5% royalty is translated into about RM$1 billion per year. With 20% we will have RM4 billion per year and with that we can bring Sarawak upward very quickly in infra-structure progress and basic health and amenities services into Sarawak.
Najib promised RM3.8 billion to Sarawak today. The 20% oil royalty is much more then that and assumed we are given extra RM3.8 billion, then Sarawak would have RM$7.8 billion money to spend.
It is time we must claim our rights with bigger royalty from the Federal Government. Pakatan Rakyat give us such opportunity and I see no wrong for us to play our part as Sarawak voters to secure that 20% for Sarawak.
Rahman Yakub is an uncle to Taib. Sarawak has had enough of this family in ruling Sarawak. The family and family members are now very rich from sucking our State resources for personal gain.
Change WE must!- get our 20% royalty for Sarawak rapid development under Pakatan Rakyat. Read more
Popularity: 24% [?]
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% [?]
The TRUST as a device in Land Development in Sarawak
Taken from Assoc Prof Ramy Bulan
This is a continuation of articles taken from Ramy Bulan works.
The Trust and Protection of Property
The trust has tremendous utility because it is flexible and easy to create. It is usually set up for the purpose of ‘the management of wealth’, where property may be put on trust for an individual, an infant, a person of unsound mind or a group (Hayton 1998).
The trust is to protect landowners
The modern trust evolved as a response of equity to the shortcomings and the rigid formalities of the common law. The trust was originally used to protect landowners who had transferred their land to another on the understanding that the transferee was to hold and administer the affairs relating to the land for the benefit of the transferor’s family. Read more
Popularity: 14% [?]
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% [?]
SKIM MUNOH RAYAT
Written by gkm2020
Updated: 12/03/2010 , 5:24PM
Nuju Endu Telaga Kumang and honorable DB readers,
My Personal Opinions:
The current BN Sarawak New NCR Land Development Concept is a “BOGUS” scheme!
DB will support any form of development and/or Joint-Venture (JV) if it’s transparent, accountable, equitable, producing strategic benefits, competitiveness and on “winning all basis” (all must wins structure) of business cooperation.
SKIM MUNOH RAYAT – LAND IS LIFE!
Frankly speaking, 60 years ‘leasehold model’ is too long for an Native Customary Rights Land JVC model as it often create greater corporate risk exposures. The current NCR 60/10/30 equity structures are fragile and high risk too.
The BN government policies on Land Code and JV model have been written and improvised to suit their needs and wants, and also with many agenda behind (bundles with long-term strategic power sharing and systematic alienation scheme). Yet, lacks of financial accountability, governing transparency and CSR policies. We can actually called it as “SKIM MAKAI RAYAT” or “SKIM MUNOH RAYAT”.
Notes: “Munoh” herein mean tried to kill off such community-business venture and an indirect effort to systematically alienated NCR lands from the Dayak. Land is my Life – Land is my Heritage – Land is my Native Rights – Land is my Liberty; and it is better to kill me than to move and marginalize me and my next generation. Rakyat today are no longer blind and/or naive. Tanah Adat is Pesaka Iban/Dayak. The current NCR Land Development Scheme has many loopholes and seen to have a different agenda to indirectly taking away the rights of the natives to manage their own lands in the JV model. Currently we have more than 100 legal cases pending and/or on going against this JV Scheme. Why? I presume you may have some ‘denialable’ answer(s) to all these issues.
Popularity: 42% [?]
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% [?]
Expect more BN Cyber Ranger attack in Dayakbaru
Written by Dr. John Brian Anthony
Jabu’s Statement
In the Utusan Borneo Jabu has told PBB members not to be cowed by Opposition bloggers. By that it means that Dayakbaru would be one of those blog that Jabu regarded as Opposition. You can see the writing by Dayaklama / MJC also known as Dino, Deo, etc (too many) because Dayakbaru do not agree with the PBB/Government policies and views. You can expect that this group of people will increase their tempo to deflect and confuse Dayakbaru members.
The BN Cyber Rangers are fully employed and paid by BN and there are given time to write in this blog. Therefor, Dayakbaru must have proper strategies and resources to do battle with this BN cyber rangers. As I have often said, Dayakbaru is not yet an organization and not a representative of any organization. We dayakbaru write our thought here to be part to the Dayak Change Agent – to bring thinking changes and value system changes to Dayakbaru. We have to take personal responsiblity to ensure that BN Cyber ranger do nor meet their sabotage objectives. Read more
Popularity: 31% [?]
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% [?]
Dayakbaru Weblog – it is for Dayak issues and views
Written by Dr. John Brian Anthony
This is a reminder to all who read and participated in this blog : THIS IS NOT A PARTI KeADILan blog and nor it is Sarawak Dayak National Union blog. This is my personal blog and this blog is focus on highlighting the needs of Dayaks and the way forward.
This blog cannot avoid political issues as it forms part of the “DAYAK DELIMMA” that Dayakbaru is trying to put on the table for the discussion of the general public. If you are NOT a Dayak but you follow this blog, you may find this blog myopic and addressing and giving Dayak view point only. It need not mean that Dayak are “racialist” because the the design of the topics in this blog is set in such a manner. Non Dayak is most welcome to contribute their views in the blog as that will add knowledge to Dayak economics and political awakening.
The act of racialism and religious intolerance is being carried out by the present government and we are pointing that out that as Dayak we felt marginalized in many ways than one. We provide the evidence.
In no way is this blog the mouth piece of a specific political party but it will put out views opposing any policies that is unfair, unjust, corrupted, insensitive to Dayak needs and in many instances talk about the general issues in Malaysia.
This is to clarify certain remarks I received that Dayakbaru should be more focus on Malaysian issues in general etc. If you need that you can have access to many other blog but this Dayakbaru will continue to focus and champion Dayak issues.
This blog will continue to voice out Dayak dreams and aspiration.
Change WE Must to succeed in life.
Popularity: 35% [?]
NCR LAND DISPUTE CLAIMS RM110 MILLION!!
Keruah Usit – MalaysiaKini
24 Feb 2010
Antidote Sarawak Chief Minister Abdul Taib Mahmud’s land policies have suffered another humiliating setback, barely a month after the state government’s landmark defeats in court to Agi anak Bungkong and Mohd Rambli Kawi.
The Sarawak government has now been ordered to pay compensation to Amit Salleh and 663 other Native Customary Rights (NCR) landowners in Suai, near Bintulu. The natives have claimed compensation amounting to some RM110 million.
The court found that the state government had illegally stripped these Malay, Kedayan and Melanau communities of their NCR land. As a result, the native communities had lost valuable teak and sentang trees they had planted. Read more
Popularity: 29% [?]
Political Secretary resigned and released on bail of RM$50K.
Taken from The Malaysian Insider
Dayakbaru:
This Political Secretary is from Sarawak. It would not be surprising that the Political Secretary is “PBB business mole” in Putra Jaya. Possibility he is recommended by PBB to Putra jaya to be in the Ministry of Finance to facilitate “government business” for PBB politicians in Sarawak.
In China EXECUTION is a common sentence for corrupted people
We read in China that such official would be brought to court and when found guilty would be “executed” for his crime against the country. Corruption is the biggest crime in a country.
“Sudden Wealth” of politician
In Sarawak, corruption is so common that as ordinary citizen we can witness the “sudden” wealth of politicians and those that live a life style of the rich but unknowing carry a poor man attributes. Actually many people join political parties and inched their way to be closed to Datuk MINISTER and openly waiting for opportunities to be involved in corrupted practice. It is really pathetic to see those people faces waiting for crumbs yet trying to look important. Read more
Popularity: 26% [?]
Effect of Aluminium on plant and people
Taken from the Guardian
Fishing Village
The roads that wander through the southwestern peninsula of Trinidad pass small fishing villages, mangrove swamps, and coconut plantations; they skirt herds of buffalypso and reveal sheltered beach coves. This February, Alcoa signed an agreement in principle with the Trinidad and Tobago Government that threatens to fundamentally alter this gentle landscape. Plans by the Pittsburgh-based manufacturing company to build a large aluminum smelter have sparked criticism from local residents and environmentalists.
Company promote the project as boon to local employment and other community benefits
The $US1.5 billion project slated for the Chatham/Cap-de-Ville area envisions a 341,000 metric-tons-per-year aluminum smelter, an anode plant, and a cast house. Alcoa, the world’s leading producer of aluminum, is promoting the project as a boon to local employment and other community benefits. Read more
Popularity: 25% [?]
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Inspirational word from gkm2020
