Extracted From Malaysiakini

 

Partial victory claimed in dispute over native land

Tony Thien

 

Native landowners, mainly Dayak Selako, from 14 villages in Sarawak have claimed a partial victory after a plantation company recently pulled out its machinery and workers from a site deemed to be native customary rights (NCR) land.


They said Sara HL Plantations Sdn Bhd, a joint venture company between the Sarawak Economic Development Corporation (SEDC) and Johor investors, had never discussed the use of the land with them.


The state government gave the company a 60-year provisional lease covering 3,125ha - known as Gading Land Lot 220 - in Sematan district, Lundu, about 100km west of Kuching. The area is said to among the most productive in the state for oil palm cultivation.


The natives claimed that the area lies with pemakai menoa (communal reserve) or untitled NCR land used for orchards, padi cultivation and for collecting fire wood, as recognised by law. Such leases are usually issued to companies subject to NCR land claims.


“We started to take action in February 2002,” said Rahman anak Matu, 43, the deputy head of one of the villages affected. He also heads the land development action committee of a non-governmental organisation Prunggang Stukit.


They have filed an application in court asking for revocation of the lease and affirmation of native customary rights to the land, but the hearing has been postponed three times. The case is backed by some 800 villagers and all but four of the tua kampung (village chiefs).


“We are told the company wants to negotiate, but it has not approached us. Towards the end of last year, the company - which has started planting oil palm - pulled out the machinery and workers from the site,” he said.


He has also sought the help of the Sarawak Dayak Iban Association, which is active in assisting those with NCR land problems.


Mutual benefit


Rahman said he had heard the Johor group had wanted to withdraw from the joint venture agreement and to negotiate directly with the NCR landowners.


“We will not sell our land, but we are prepared to let them work on our land for mutual benefit. We’re not against land development. We want to actively participate in this,” he said.


He suggested adoption of the Sarawak Land Consolidation and Rehabilitation Authority or Federal Land Consolidation and Rehabilitation Authority models.


Under these schemes, natives do not have to give up land but get titles issued in their name. The agencies provide the capital and management, and distribute the profits.


Rahman, a contractor, noted that the villagers are concerned about deviation in implementation of policies on land development.


“Every time we ask the officers, they say they are merely carrying out directives from those higher up,” he said


Rahman also said that logging activities in the area, especially in Gunung Pueh, are affecting traditional livelihoods.


“Our durian trees die when inundated by mud washed down from the mountainside,” he said, complaining that environmental officials have yet to act on this, despite being informed.


He said two rivers – Sungai Perunggang and Sungai Semapu – are getting shallower, fish are dying and that the waterways are no longer navigable even for small boats.


State Reform Party president Dr Patau Rubis, who is familiar with the problems, said state leaders should not get involved in business.


He said he could not understand why the SEDC - and not Salcra or Felcra - is involved in the oil palm scheme in Sematan.


Barisan Nasional representative Ranum Mina initially took up the case and wrote to the Land and Survey Department.


“He told us the department was looking into the matter, but we have not heard from him since,” Rahman added.