'Konsep Baru' of the NCR land development by Sarawak State Government

By IDEAL

| The disputes of NCR (native customary right) land between the indigenous people of Sarawak and the various state development agencies has been going on since earlier this century when other settlers landed.

The disputes of NCR (native customary right) land between the indigenous people of Sarawak and the various state development agencies has been going on since earlier this century when other settlers landed.

It became more noticeable in the 60s when logging first started in swamp forest and the dispute accelerated in the mid 70s when the logging industry moved upstream. The conflicts intensified lately when new legislation encouraged developers to open up further NCR land in the name of development.

Since the second half of 1995, The Sarawak state government has introduced a NCR land development scheme called 'Konsep Baru', or literally translated as 'New Concept'.

In this scheme, all NCR lands in an area would be amalgamated into one large block deleting existing boundaries and only ONE land title is to be issued.

Two state agencies, the Sarawak Land Development Board (SLDB) and the Land Custody and Development Authority (LCDA) would act as the Trust Agents (with Power of Attorney [P.A.]) for the NCR landowners to form joint-venture companies with foreign or local private plantation companies. These private companies would be selected by the agencies themselves, to be partners in the implementation of plantation projects on Native Customary Land.

The land title would be issued in the name of the joint-venture company lasting a period of 60 years. Upon expiry of the 60 years, the NCR landowners 'may apply' to the 'Land and Survey Department' for the issue of a grant over one's land and the Superintendent of Land & Survey 'may issue' the grant to the landowner with terms and conditions as he deems fit to impose.

This is the process recently being passed (November, 1997) in the Sarawak Dewan Undangan Negeri (State Legislative Assembly).

The difference between NCR land and lease land is that the NCR land is perpetual subject to observance of customary laws and practices, but a grant of land by the Sarawak government is a renewable lease for 60 years. In addition, the words used in the legislation passed in November 1997 which specify 'may apply' and 'may issue' are non-guarantee terms.

In the joint-venture (JV) company set-up, the private concerns will have 60% equity while the State land agency will hold 10%, and the NCR landowners will get 30% equity share for 'investing their land' for a renewable term of 60 years.

In this joint-venture set-up, the landowners do not have any say nor the right to sit in the JV Board since they would be made to sign the 'Power Of Attorney' to leave all rights over their lands to the Managing Agent before the project begins.

After 60 years, the land may be given back to the NCR landowners, but a caveat that the investing concerns have had recouped their capital investments.

The existing land code governing all land matters in the state does not give the NCR landowners any right to what the communities claim as 'Menoa' (ancestral domain).

The indigenous peoples have been repeatedly told that if they don't jump aboard plantation schemes or have their NCR land developed, they would lose everything because land would be developed anyway. The government can do that by invoking other provisions in the Sarawak Land Code because NCR land is defined differently in the statute and as with other categories of land, the Minister is empowered to declare any piece of land as developed area hence taking over such land for development purposes.

In the JV company, the project developers, who do not need to buy land but just put in capital investment to develop the plantations, get a 60% stake. In addition, the JV company can use the land to borrow money locally or aboard. If they don't make profit during the initial 60 years, they can seek the permission of the Minister to extend the land lease.

If the NCR land is forested, the JV company will further have free capital in areas with merchandise timber through logging.

As the NCR landowners are rid of power and rights to check the JV's management, accounts and all related matters, the landowners cannot ensure themselves that the JV company is making profit and that they would be receiving appropriate portions of any dividend.

The fear of losing their ancestral land indefinitely is not un-founded at all.

The cultural values of the NCR land to the indigenous communities are not addressed by the government in formulating this 'konsep Baru'. In pursuant to the proposed changes, the cultural alienation and threat to a unique identity and integrity of the Sarawak indigenous communities is an inevitable result.

Besides, when the indigenous communities are not involved in the management of the JV company and they have no control over what is being proposed, the intention of such schemes by the Sarawak state government - that is to lift the standard of living of the rural indigenous communities and to rid these communities of poverty - is doubtful. This is because the aspirations, needs and other general interests of the indigenous communities are not being taken care of in the proposal.

The cases of dispute over the NCR land

As some of the examples outlined below, the dispute shows no sign of heading for any amicable settlement and instead, there are increasing cases of hardships and unhappiness being experienced by these indigenous communities, with even cases of death as was the case in Bakong when the police fired and killed a person involved in a land dispute.

If anything, all indications point to the State authorities stepping up its effort to quell any form of dissent, however legitimate and peaceful, as is the case of Sarawak's indigenous communities over such proposal.

1. Bintulu Pulp and Paper Mill Project

Borneo Paper and Pulp Mill project (a joint venture of Sarawak Timber Industry Corporation [a State Government body] with 40% interest and Asia Pulp Company Limited with 60% [a Singapore based holding company attached to Indonesian owned Sinar Mas Group]) is located in a new township named Semarakan, some 45 km south of Bintulu and 23 km from Tatau Town at the Tatau River bridge of Sibu-Bintulu Road.

A 3,000 hectare land next to the proposed Borneo Pulp and Paper Mill project had being earmarked for the township to accommodate more than 10,000 people working in various categories of jobs in the projects.

The mill is leading to further clearing of 216,000 ha (28% or 60,000 ha are NCR land) of land in the surrounding area for namely Acacia Mangium plantation where synthetic chemical fertiliser (800 g per tree) and pesticide would be applied. A total of 606,000 ha of primary and logged over forest land is designated as supply ground for the pulp and paper mill.

An EIA for the projects was carried out in 1996 and the project was approved in December in the same year. The 277 families of the immediately affected 12 longhouses only then started to realise that the promise of a compensation of RM 6,000 for an acre has shrank to RM 1,600.

The contractors soon arrived to carry out land clearing and claiming the right to sell the logged timber. All these factors sparked off immediate conflict between many local residents with the project proponent.

A committee of 7 members was formed by the affected families in September 1997, headed by Jaili bin Sulaiman, an ethnic Kenyah Muslim. It exist to seek justice and fair compensation for the NCR landowners.

On 5 November 1997, Jaili was arrested and charged with threatening and causing obstruction to the proposed RM3 billion project. The incident then led to the demonstration of 30 other members of the community, demanding the immediate release of their leader in front of the police station in Bintulu where he was being remanded.

The people then further organise themselves in seeking a court injunction to prohibit the project for taking over their NCR land in the total 6,200 ha of area designated for the mill project. Their counsel has also filed an initial urgent application on behalf of Jaili in Miri Hugh Court against the Ministerial Directive dated 6 February, 1997 and the court set 22 April as the date for the hearing.

2. Bakong shooting case

A dispute happened between the Iban longhouse villagers in Bakong (about 100 km from Miri) against workers of the companies that are going to develop their land. During the height of the incident, the villagers were alleged to have seized three bulldozers from the workers and allegedly attacked the police officers who had moved in to retrieve the bulldozers.

Three villagers and eight policemen were injured in the clash which followed. A villager later died from a gunshot wound in the head at the Miri General Hospital.

On 29 December 1997, the longhouse head TR. Banggau Andop & 2 others filed a suit to stop the activities of the oil palm plantation companies, Segarakam Sdn Bhd, Prana Sdn Bhd, and Empresa (M) Sdn Bhd within their native customary land. They also named the Land Custody and Development Authority (LCDA) and the state government as defendants in the case. They are challenging the issue with intend to have the court declare as illegal, null and void the provisional lease issued by the Land and Surveys Department.

The counsel for Prana Sdn Bhd told the court that the firm had stop operation and is withdrawing from the area.

Immediately after the court case on 23rd January 1998, Headman TR. Banggau was arrested by the police. There was no explanation given to him for his arrest. When TR. Banggau was release after the remand, he was charged by the police with 'gang robbery' and 'using of arms in a riot'. However, these charges are yet to be produced to the magistrate. This shows that instead of carrying out an investigation on the shooting, the police is pressing serious charges against the community people.

3. 42 wrongful arrest case in Sg. Bong

42 Indigenous People were arrested in Sg. Bong, Teru, Miri Division in a dispute with an oil palm plantation company when they were trying to negotiate a peaceful settlement with the land surveyors who work for the plantation company in June, 1997. The 42 arrested were then asked to sign a bond of good behaviour.

A number of them refused to sign and challenged the magistrate in the High Court. The court ruled in favour of the people. This is a clear case of wrongful arrest. The community of Rumah Reggie then challenged the company by filing a court injunction against the plantation company, Nationmark, with the hearing set for April, 1998.

4. Problems faced by the Penan community in Ulu Baram

The Penan are one of the several smaller indigenous ethnic groups in Sarawak, with some still leading their already threatened nomadic lifestyles. They were in Sarawak even before the Brunei sultanate reign in Sarawak.

The livelihood of the Penan community in Ulu Baram has been greatly affected by the logging activity in their areas since the loggers encroached into the interior of Baram, Miri Division in mid 1980s.

A series of blockades highlighted in 1987 had brought national as well as international attention. However, much efforts in the last ten year, including the numerous appeals made by the Penan themselves to the authorities and parties concern seems to have fallen on deaf ears.

The problems they continue to face become more immediately, and among others, are:

• Logging is continuing to wreck havoc on the environment, encroached upon communal territories, and threaten the very existence of the people;

• Water supply from the rivers and other water catchment area being polluted by logging and related activities;

• The weather is getting hotter with disappearing forest, resulting in many people getting sick; (note: they are people of deep forest, drastic change of physical environment would be hard for them to adjust)

• The continuing presence of armed Police Field Force and the numerous threat from the police against community people.

With the forest fast disappearing, their main source of livelihood is almost destroyed. The plants and trees, which act as a combination of food and medicinal source for the people and various animals are decreasing and a lot of fish in the rivers are killed due to pollution.

Besides, outsiders and other communities who have the means have intruded into the Penan village vicinity and compete for their wild game, fish and other food sources. This has also caused tension among the different communities.

All these problems are a consequence of the activities of timber companies and the armed Police Field Force (PFF) in the area, with the PFF clearly on the side on the timber companies and their workers.

Whenever the affected villagers want to defend their rights over their land from further destruction by the timber companies, the PFF would be there to intimidate the Penan harshly and sometimes pointing their guns towards them, throwing tear gas, or arrest them.

Many have in fact been arrested, imprisoned and some are still awaiting their trial for defending the Penan's land and their livelihood. These have continued to worsen the people's suffering.

5. Sebatu-Suai illegal land clearing

The 110 families of Sebatu-Suai, in the Miri Division is in the process of filing for a court injunction to stop plantation company from further carry out work on their NCR land.

Since July 1996, these 110 Iban families at Sebatu-Suai have been struggling to protect their NCR land from being bulldozed and turned into an oil palm plantation by a joint-venture company between the Sarawak State Government and Tradewinds Plantation Services Sdn Bhd of West Malaysia.

Johnson Enterprise, Tradewinds contractor, had initially sent the local residents a letter offering to buy their land at RM100/ per acre. However, this was met with strong rejection by these 110 families. Nevertheless, Johnson Enterprise continued its field clearing work without the affected peoples' consent.

A series of community action to stop the destruction of their crops and land have been done by the people since the beginning, including:

• complaint lodged with the District Officer and requested for official intervention on 17th Sept.1996;

• held 'Miring Bebuling Menoa' ceremony according to Adat Asal (traditional customs) on 3 Dec.1996 and at the same day withheld company's bulldozer and sent it to Batu Niah Police Station hoping to halt further damage to their land;

• lodged police report on the damaged of their property caused by the plantation company on 7 Dec.1996;

• gathering of 60 persons at their 'temuda' (communal land) to stop the workers from continuing field work and withheld bulldozer and later submitted the key to the police station on 16 January.1997.

Instead of looking into their issue, the authority sent a troop of policemen , about 15 in number, on 17 Jan.1997 to one of the longhouse, Rumah Junit, and remanded 5 persons for 10 nights at the Miri police station for investigation and later charged them for disturbing peace.

They were released on self-bail of RM1000/- each. Later, the Magistrate bonded them over for good behaviour.

6. Suai Tengah people's alert

In December, 1997 Sarawak Oil Palm Bhd (S.O.P.), a public listed company with a state statutory body, the Land Custody and Development Authority (LCDA) being majority share holders, commissioned a surveying work in the affected longhouses' menoa through private surveying company without permission from the 4 longhouses, - Rh. Lasan, Rh. Libau, Rh. Gerang, and Rh. Abot., Miri Division.

Also on 3 Jan.1998, the longhouse people came across a 'News In Brief' in a local newspaper announcing the plan of S.O.P. to open another 9 blocks of land in their area for plantation. The longhouse residents immediately realised that the two matters were in fact related or of the same project.

These Iban residents immediately took up a series of action to deal with this unauthorised survey issue. A dialogue session was arranged at Sepupok Niah SAO (Senior Administrative Officer) Office on 17.1.98.

The longhouse delegation of about 55 persons met with the manager, assistant manager and high ranking officer of Sarawak Oil Palm with the SAO as witness.

Then on 21.1.98, the representatives of the 4 longhouses went to Kuching, the State capital, to submit their memorandum in person to the Land Development Minister, Datuk Alfred Jabu and ex-Land Development Minister, Datuk Celestine Ujang.

On 24 - 27 Jan. 1998, for 4 consecutive days, the people of these 4 longhouses carried out boundary marking work on their own menoa and put up sign board of notice to deter further encroachment from outsiders.

Even after these actions, the people still felt uneasy and rather worried about the said plan of S.O.P.

An inter-longhouses meeting was called on 4 Feb.1998 to decide on actions to be taken. On the next day, a delegation of 25 representatives (Headmen and longhouse representatives) went to Bintulu to meet with the chairman of PBDS (Parti Bangsa Dayak Sarawak is a component party of the ruling National Front Coalition Government) and the State Assembly member, Mr. Michael Sim to express their anxiety over the plantation matter. These two persons in the governing structure promised to bring the matter to the attention of the higher authority.

The longhouse folks did not feel much better after these words of assurance.

On 6 Feb. 98, they had another inter-longhouse meeting and this time they decided to go to a lawyer to draft and send two memorandum letters on the matter. This was done on 9 Feb. 1998 in Miri.

7. Kanowit-Machan resistence

This area is one of the pilot project of developing NCR land according to 'Konsep Baru' beginning in 1997. However, several longhouses in Sungei Tuah (such as Rumah Pius and two others) and in Machan-Durin, Sibu Division (such as Rumah Jali, some families from other longhouses such as Rumah Muli and Seling) have strongly and repeatedly informed the authority of their stance against joining the oil palm plantation, and instead had chosen to develop the land by themselves.

However, the authority and the plantation company concerned seemingly choose to ignore their rights to decide on their own. All through the field clearing period for the oil palm planting, bulldozers razed through their temuda and Menoa without permission or consultation. Crops, fruit trees as well as the only gravity pipe water system were destroyed and land were made bareness.

Affected families then organised themselves and took shift to check and guard their land and menoa boundary in order to deter further encroachment (such as Rumah Jali's folks were on a 24 hours shift duty). Nevertheless, some parts of their land were still damaged by the plantation activities. Protest letters demanding cessation of encroachment activities and compensation for the land disturbed according to Adat (traditional custom) were either sent to or handed in person to the plantation company and authority concerned.

After all these rounds of defending their rights to their own land, the plantation company have presently cease to further encroach onto their land but demand for compensation to damages are still yet to be settled.

Compiled by Ideal with various communities in 1998.