State BN's attempt to divert govt failure to protect NCR

KOTA KINABALU: The statement by Parti Bersatu Sabah (PBS) Vice President Datuk Herbert Timbon Lagadan is an attempt by the present State Barisan Nasional (BN) government to divert attention on its failure to safeguard the Native Customary Rights (NCR) of the people.

"It is the kind of collaboration and hitting at SAPP to divert attention from Umno the real culprits that is emboldening Umno cronies to step up the land grabs of native lands, to the sufferings of the natives who Herbert, Tan Sri Joseph Pairin Kitingan and PBS are supposed to protect and represent," said Sabah Progressive Party (SAPP) Supreme Council member Peter Marajin.

Speaking to reporters here, he said the hundreds of land grabs over NCR lands happened outside FMU areas and it had nothing to do with forest reserves, which Suhakam recorded more than 834 cases.

There were many other cases, yet to surface like Kampung Mapat in Banggi, Lorol Kecil in Kudat among others, he said in response to the statement by Herbert claiming that the problems of NCR began since the inception of the Forest Management Unit (FMU) during the tenure of SAPP President Datuk Seri Yong Teck Lee as Chief Minister.

Marajin told Herbert that in fact Section 23, 24, 25 and 26 of the Sustainable Forest Management Agreement (SFMLA) recognises and protects Native Customary Rights (NCR).

"FMUs did not create new forest reserves. FMUs only covered the existing forest reserves at the time," he said.

Towards this end, he said the present State BN government had introduced a new "ruling" based on the recent statement by State Attorney General Datuk Roderic Fernandez who stated that there is a cut-off date for NCR land claims that is by 1930.

"This State government with seven of its ministers being lawyers and two Deputy Chief Ministers from PBS are lawyers (Pairin and Yee).

"With this new ruling by the state government, it means all native lands less than 92 years old can be re-allocated to private companies. It means almost all NCRs are now vulnerable to be lost.

"This is a new threat by BN with PBS as the second biggest, closest partner of Umno," he said.

Marajin also asked why there was never any eviction, burning of village houses, clearing of villagers .crops and confiscation of villagers properties ever before ? all this happen only after 2003 .

"None of the previous State administrations did such cruel things. Only the PBS-Umno alliance now allowed such cruelties to occur," he said.

Marajin reiterated that the FMU policy under Datuk Seri Panglima Yong Teck Lee's cabinet had taken into consideration all aspects of development in the FMU areas including the interest of NCR, the community development, employment and training for local people and basic infrastructure and social development are incorporated in the SFMLA.

The relevant Clauses provided under the SFMLA which clearly state that the native rights are well protected under the policy are:

Section 23: The rights and privileges of the natives under the existing laws and regulations, including Customary Law, are not affected or limited in any respect under this Agreement. The Licensee shall recognise such rights and privileges including, without limitation to those relating to entry into the Licensed Area to collect certain wood species and exploit Minor Forest Produce (as allowed and defined in the Forest Enactment 1968 and Forest Rules 1969) for its own personal use and not for business purposes.

Section 24: The Licensee shall assist the Government in the implementation of community/labour welfare schemes within or adjacent to the Licensed Area. The welfare scheme would, interalia, include -
a) establishment of work place for the community;
b) development of education and medical facilities;
c) provision of communication facilities; and
d) active participation in the community development
projects.

Section 25: The Licensee will take appropriate steps to employ bumiputras in accordance with the National Development Policy.

Section 26: The Licensee shall employ Malaysian Nationals with specific preference to Malaysians of Sabah origin to perform all work and to render all services within Sabah, except to the extent that the Licensee shall reasonably demonstrate to the satisfaction of Govern-ment that qualified and suitable Malaysian Nationals are not available thereof. Notwithstanding the foregoing, the employment of non-Malaysians is subject to the approval of all State/Federal Government Departments/Agencies having jurisdiction with respect thereto. As a condition precedent to the Licensee’s right to demonstrate that Malaysians are not available, the Licensee shall prove that it has conducted and is continuing to conduct a broad and vigorous recruiting and training programme for Malaysian personnel.

He said FMUs are not newly gazetted forest reserves and that the real problems lie with the non-compliance of the terms of SFMLA by the some of the FMU licence holders, the SFMLA signatories, including the present Government.

"It is this present Government which started to evict villagers and burnt their houses and destroy their crops. The current on-going evictions are illegal. That is why the villagers are winning Court cases," he said.