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Extracted from Malaysiakini
Dec 8,
Many native customary
rights (NCR) landowners are wary of the state government's Konsep Baru (New
Concept) of developing NCR land as plantations on a joint venture with private
investors.
“The land-owners feel they are vulnerable as they cannot see their interests
being tangible as the land itself as they would perceive their role now as
labourers or paid workers on their own land,” Orang Ulu lawyer and politician
Baru Bian said yesterday.
In a paper on ‘The Development of Native
Customary Land in Sarawak and the Laws Relating Thereto’ presented
at the national conference on ‘Legal and Commercial Implications of the
Proposed Amendments to the National Land Code' in Kuala Lumpur, Baru said that
‘the surrendering of their rights over the land in favour of a shareholding in
the investment company invoke uncertainty and fear of losing their pesaka or
heirloom to the foreigner.'
The rural communities had real concerns over major shifts in their status from
landowners to workers or minor shareholders in plantation companies, he added.
“Others would say that
this is a matter of attitudes and perception. The social and cultural
background of the landowners greatly influenced their attitudes and perception
to a certain extent, are true as many of the landowners want to continue their
old ways of living and traditional methods of farming.”
He cited the problems
with the new concept of implementing NCR land in Kanowit, Kapit Division and
Ulu Teru, Baram in Miri Division.
Political
decisions
“The natives have been pressured into participation without understanding,
through a psychology of consensus based on compliance with decisions made by
local politicians that by-passed traditional Iban institutions of randau
(participatory dialogue), ignore the cultural attachment of Iban communities as
the thesis of their livelihood, selective patronage by Iban politicians with
certain community leaders, all of which contribute to conflicts between
land-owners and government-approved private developers and managing agents.”
But much of its land mass is subject to the constraints of poor soil and high
terrain. Land suitable for agriculture is estimated at 3.5 million hectares or
nearly 30 per cent of the land mass. Of this, it is estimated 1.5 million
hectares are NCR land.
The state government has embarked on large-scale land development on estate or
plantation basis, mainly for oil palm, and has three principal agencies to
spearhead that development – Sarawak Land Development Board (SLDB) set up in
1972 and corporatised in 1991 through Sarawak Plantation Services Sdn Bhd;
Sarawak Land Consolidation and Rehabilitation Authority (Salcra) set up four
years later; and Sarawak Land Custody and Development Authority (LCDA) set up
in 1981.
SLDB is aggressively embarking on joint ventures. Salcra is empowered to
develop all categories of land but priority is given to the development of NCR
land.
Baru noted that “Salcra has adopted the in-situ development approach in
planning, implementing and managing its development projects in efforts to uplift
the living standard of the farming communities.”
By the end of 1992, the total area developed by the Salcra totalled 22,153
hectares, consisting of 16,804 hectares of oil palm, 4052 hectares for cocoa,
1053 hectares for rubber, 190 hectares for tea and 54 hectares coffee.
‘Land
Bank’ concept
On LCDA, Baru said its objective is to enhance the state government's effort on
land development.
“Its primary role is to facilitate the development of all categories of lands
for agriculture, inclusive of NCR land for commercial ventures, irrespective of
its location once it is declared a development area.”
The ‘Land Bank' concept came into being where the authority identifies rural
land and avail it for development on a participational concept involving
investors and landowners.
Emphasis of its land development covers urban development and re-development,
agricultural plantation, tourism and socio-economic programmes.
It has very wide powers where the authority can dispose the land in any manner
it so desires.
Baru said it is
uncertain as to why NCR has to be included under this scheme when Salcra had
already been empowered to deal with NCR development.
Consequently, he posed several questions: Has the scheme under Salcra been a
failure in achieving what the government intended to achieve in the first
place?
Or is it because the natives, at the end of the day, will eventually have their
ownership recognised and legalised by the issuance of formal titles under
Salcra and, therefore, not totally desired by some people in the government?
Is it possible that there is real fear if NCR land are developed under Salcra
and given title that huge area of state land may diminish?
“In fact, Salcra's track record since its inception had been satisfactory not
only as a developer but as a custodian to NCR owners. Perhaps it was the
paradigm shift into the Konsep Baru that would give us a possible reason,” said
the lawyer who is also handling numerous NCR land claims against the
government.
No clear guideline
Chief Minister Abdul
Taib Mahmud told the state legislative assembly in 1991 that under the New
Concept, about 400,000 hectares of NCR land had been developed so far.
The concept is a joint-venture model where either LCDA or SLDB holds the NCR
landowners' interests in trust for them and, in turn, the agency would form a
joint-venture company (JVC) with a well-established private company approved by
the government.
The JVC equity structure in terms of shares would be 60 per cent to the
investor, 30 per cent for the landowners (held by the agency in trust) and the
government through the said agency, would hold 10 per cent.
No individual land titles would be issued to the landowners but instead, a
title is issued to the JVC for a period of 60 years (two plantation cycles) for
an agreed value.
The monetary value generated by the use of the land will be used for two types
of investments: 30 percent equity in the JVC (long-term investment) and as cash
for investment in unit trusts.
Baru commented, “there is no clear guideline as to what happen after the end of
the 60 years. It is recommended that the NCR land be sub-divided and given
titles to the respective owners. If there is a need to pursue further
joint-venture, it must be with the consent of the landowners.”