Sarawak’s leading NCR lawyer Baru Bian has described Prime Minister Najib Tun Razak’s assurance that the Sarawak Barisan Nasional government will not take away NCR land from the Ibans as coming “too little and too late”.

baru bian “The fact and the truth is that the people’s land, in particular the native customary rights land have already been taken, grabbed and snatched under the BN government,’ he said in a press statement to Malaysiakini today.

A local English daily The Borneo Post quoted the prime minister as saying in its front page report on June 19 that the BN government will not take away the native customary lands

of the natives of Sarawak.

najib tun razak The prime minister was also quoted as urging the people to “... have confidence in the Barisan Nasional government. We have no intention of grabbing anybody’s land. The Ibans should not worry. The BN government will not snatch your property.”

Baru, who is also a member of PKR political bureau and supreme council, said that the fact that Najib had to make the statement shows that the people, in particular the natives, are complaining that their NCR lands had been taken away summarily all these years.

He added: “The fact that my legal firm is handling over one hundred cases of NCR- related cases show proof that NCR land have been taken, grabbed and snatched all these years, under the BN government, headed by the present Chief Minister Abdul Taib Mahmud.”

Baru said despite the landmark decision in the case of Nor Anak Nyawai which was affirmed by Madeli Salleh’s case in the Federal Court, the present state BN government of Sarawak refused to accept the said court’s decision that NCR land includes not only “temuda” (secondary forest) but it extends to their “Pemakai menua” (territorial domain) and “Pulau” (reserved or preserved virgin forests).

Return NCR land to the people

“This refusal to accept the court’s decision is reflected in the state Attorney-General’s chambers’ defences representing the state government, in the cases now pending hearing in the various High Courts throughout the state of Sarawak,’ he pointed out.

dayak court ncr land He urged the prime minister to order, instruct and/or at least advise the present Sarawak BN government through the chief minister to return to the people all the NCR land that had been “taken, grabbed and snatched” summarily all these years by revoking timber licences, provisional leases and replanting permit or other licences that includes and/or encroaches onto NCR lands.

Secondly, order that an independent Land Commission of Inquiry be set up to investigate all these violation of claims of NCR lands in Sarawak, including the abuses by the police force of complainants relating to NCR disputes with companies, to show to the people of Sarawak, and Malaysian at large that the prime minister walks the talk.

Baru said this Land Commission of Inquiry should also look into all the hundred over cases now pending in the High Courts in Sarawak, thus helping in the backlog of cases in the High Court.

“If the above proposal is not done within one month from today, I am afraid these statements are mere political gimmicks just to mislead the people, in particular the natives of Sarawak that this BN government is now concerned with their affairs and problems, he said, adding that these are but signs of the impending state general election now looming in the horizon.

It was also reported that “the prime minister said from his discussions with the chief minister, he was convinced that the state’s model of native customary rights land development would ensure a better future for the Dayaks, particularly the Ibans”.

The Orang Ulu NCR lawyer said the state’s model of native customary rights land

development referred to is the “new way” of developing NCR land popularly referred to as “The New Concept” or “Konsep Baru” - the idea of the present chief minister.

No confidence in 'Konsep Baru'

Under this “Konsep Baru”, the landowners would have 30 per cent shares equity, the developer 60 per cent and the state government 10 per cent.

ncr land sarawak and palm oil plantation “I am sad to say that the very first project launched in Kanowit based on this concept is a total failure. After 10 years of its launching, the developer is still unsure whether they can break-even in the years ahead thus causing much anxiety and trepidation to the natives who were lured into participating in this project years ago.”

He had been instructed by some of these natives to take legal action against the state government to protect the natives’ right over their NCR lands, as they have no confidence in this so called “Konsep Baru”.

“I dare say in the light of my knowledge of these issues, the statements made by the prime minister are mere political rhetoric, unless and until we can see in one month’s time, my suggestion referred above are implemented; i.e. the return of NCR lands that had already been taken away and the setting up of a Land Commission of Inquiry to investigate these complaints of violation of NCR land in Sarawak.”