Posts Tagged ‘NCR Land

03
Jul
13

Sarawak gov’t jittery over verdict on NCR land

The Sarawak government is jittery over the decision of the Court of Appeal which last Friday upheld the decision of the High Court that pemakai menua (territorial domain) and pulau galau (communal forest) are part of native customary rights (NCR) land.

This decison affects thousands of hectares that have been planted with oil palm or under reforestation, which have to be returned to NCR landowners.

Several big oil palm companies have invested hundreds of millions of ringgit on these lands which the government said belonged to the state.

“The decision of the Court of Appeal was unanimous and will have much bearing on some 200 more cases in the High Court.

“In fact some cases have been postponed waiting for the decision of the Court of Appeal on the case of Tuai Rumah Sandah Anak Tabau and his followers,” said Baru Bian, who acted as a lawyer for the plaintiffs.

In the High Court, the plaintiffs had sued Kanowit Timber Company Sdn and the state government for encroachment into their NCR land, including their pemakai menoa and pulau galau vide a timber licence issued by the state to the company.

The defendants had argued that NCR should be restricted to the temuda (secondary forest) covering an area of 2,712 hectares, which had been cleared before 1958.

However, Justice Yew Jen Kie ruled in favour of the plaintiffs, declaring that they were the rightful owners of the NCR land covering an area of 5,512 hectares, including the pemakai menoa, and that the defendants had unlawfully encroached into the plaintiffs’ land.

Last Friday, the three-member Court of Appeal unanimously upheld this decision.

“I am quite sure the state government will appeal (to the Federal Court). It is up to the government as the decision of the Court of Appeal will have a lot of bearing on the pending cases.

“The decision of the Court of Appeal is giving more confidence to the natives to get justice done regarding the taking away of their land by the government.

“I believe that the government is really jittery as huge areas of land which the government called state land, is in fact are pemakai menua and pulau galau.

“All these lands must be returned to the NCR landowners as ordered by the court,” said Bian, who is also the Chairman of State PKR and State Assemblyman for Ba’Kelalan.

Bian said the government should adhere to the decision of the court.

…more
Sarawak gov’t jittery over verdict on NCR land
Dukau Papau
Jun 26, 2013 – Malaysiakini

27
Aug
12

Sarawak A Gangster State!

Land grab in Melikin, Sarawak

Grabbed and then bulldozed – NCR land in Melikin.

Yesterday we featured Sarawak’s Action Heroes, who have been standing up for their land rights against ruthless plantation companies.

The five campaigners from Melikin in Balai Ringen were arrested last week after false accusations were made against them relating to arson and assault. They were later released without charge.

The reason behind this harassment was that they have been protesting against the plantation company that has been snatching and bulldozing their ancestral Native Customary Rights (NCR) lands.

We can now bring more details of the gangster-style harassment that these folk have endured over the past year and we can also reveal that the owners of the companies that are grabbing their land are two of Taib Mahmud’s top Ministers!

What more do we need to know to understand how the Chief Minister has robbed his people and pillaged the State of Sarawak?

Gangster tactics – “Either you take our money or we take your land for free”!

Reporters for Sarawak Report have been interviewing the inhabitants of Melikin over the past days to learn of their problems with one of the major companies that has been operating in their area, United Teamtrade. United Teamtrade has been granted a provisional licence for 7,300 hectares.

However, as so often is the case, it has treated this provisional licence from the Land & Survey Department as a right to take Native Customary Rights Land, instead of a right to negotiate with the real landowners.

Land right? United Teamtrade’s juicy provisional permit on NCR land in Melikin, Balai Ringen

According to the villagers, who live about 60 miles from Kuching and not far from the Indonesian border, the company has been attempting to bully them into selling the land for a laughable RM300 (£60) a hectare!

When the locals refused to give up their ancestral lands and their livelihoods and timber for less than a month’s wages they say the Company Manager bullied them with the threat:

“Either you take the money or we’ll take it (your land) for free”

He then produced the provisional lease from the Land & Survey Department, claiming this over-ruled their ancestral rights to the land, which includes their graveyards, fruit trees and Tembawai (the former longhouse).

However, the people of Melikin have refused to be bowed and they turned to PKR’s native land rights lawyers instead. With the help of YB See Chee How (now a member of the State Assembly) they have taken the company to court.

It was then the villagers told our reporter that the real trouble has started. They say gangsters started to appear and threaten the neighbourhood. They blocked the road, preventing residents from accessing their farms and their livelihoods.

The thugs even turned up at the longhouse with a sword and drove it violently into the ground in front of the longhouse folks as a warning of what might come. The Company Manager himself even allegedly menaced them with the warning that he has a pistol himself.

And all this while the bulldozers have been driving into their lands.

In another recent gangster-style incident another of the local leaders who had been protesting against United Teamtrade and the other companies encroaching the area had his new car torched.

…more
Gangster State!
August 19th, 2012 – Sarawak Report

01
May
11

Landmark case on acquisition of NCR land in Sarawak

The Federal Court today heard submissions by a indigenous group from Sarawak challenging the Sarawak Land Code, used to acquire their native customary rights (NCR) land.

This is considered a historic test case as the outcome would affect hundreds of suits brought by Sarawak’s indigenous people against the Sarawak government and private companies.

Continue reading ‘Landmark case on acquisition of NCR land in Sarawak’




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