By Joseph Tawie
Recent court rulings favouring natives in NCR land issues should be seen as a warning to potential investors.
KUCHING: The recent court victories of native customary rights (NCR) landowners against oil palm companies should serve as important lessons and precedents to would-be investors.
NCR lawyer See Chee How said oil palm companies can no longer bully landowners simply because the state government refuses to respect the people’s rights.
“There is no alternative for big oil palm companies but to cooperate and work directly with the native landowners, and this means you (the companies) have to respect their (landowners) native customary rights over the land.
“They should respect the customary rights of the native landowners, although the government does not respect the people’s rights if they want to develop their land,” he said.
See, who is also Batu Lintang assemblyman, was commenting on a NCR land case between 168 native landowners and Pelita Holdings, Boustead Pelita Kanowit Sdn Bhd, Land and Survey Department and the State government.
The landowners had sued the companies and the state government after the firms failed to honour its agreement and disburse profits to landowners despite four years of yeild.
After hearing the argument by lawyer Baru Bian, the Sibu High Court ordered the agreement to be cancelled and land to be returned to the landowners.
Damages and compensations are to be assessed later.
Natives not anti-development
Relating to the case, See said that the companies could appeal, but the land will have to be returned to the people.
“We are busy looking for a good plantation company to replace Boustead and help manage the plantation.
“Arising from this case, all the while we have been saying that the investors should respect the native customary rights of the people over the land, even though the state government does not respect native customary rights.
“The natives are not anti-development as labelled by certain quarters. In fact they want development; they want a better life for themselves and for their children and their future generation,” See stressed.
He pointed out that knowing this investors should work together with the landowners to develop the land.
“But when investors insist on going together with the government and get the provisional leases and start planting oil palm then you bear the consequences.
“We have won so many cases (nearly 20 cases) and the precedents are all there. And for those who listened to us they are now making money and the natives also benefit.
“It has got to be a win-win situation. But if you do it alone, you may win all or lose all. In the case of Boustead as well as in Gedong and other cases, the companies lose all,” he added.
“If they work with the native land owners, there will be a win-win situation. But if they chose to listen to the government, of course you either win or lose that kind of thing,” he said.
Semoga hak tanah NCR boleh diperjuangkan dan dipertahan.
ReplyDeletehak2 tanah NCR kena dilindungi.
Deletekes semakin bertambah tiap tahun, bukan pula berkurang. kena cari solusi yang terbaik.
DeleteThat's why rules are meant to be kept.
DeleteRules are meant to be upheld and practiced.
DeletePerjuangan ini berada di tangan kerajaan dan rakyat bersama.
DeleteDon't sacrifice the people's rights for development.
ReplyDeleteDiharapkan hak rakyat tetap dipertahankan sampai bila-bila.
Deletependuduk pula adakah kesedaran untuk terus pertahankan hak tanah mereka? ada yang sanggup jual tanah dengan orang luar semata2 mahu duit.
Delete"Local Government and Housing Minister Datuk Hajiji Mohd Noor said the government viewed seriously the sale of native land.
DeleteHe said there were people who sold the land they applied for as soon as they had received the land application receipts."
This is what Hajiji said last time.
kes NCR byk berlaku di Sabah, hal ini perlu diselesaikan segera.
ReplyDeleteKes tanah orang asli juga berlaku di Kelantan dan kerajaan PAS tidak mampu mempertahankan hak orang asli di situ.
Deletemana2 pun ada kes tentang tanah ni. negara lain pun hadapi masalah yang sama cuma penyelesaiannya saja yang berbeza.
DeleteDompok has contended that the natives of Sabah comprise many tribes who have developed a system of culture amongst themselves.
DeleteAnd this included ownership of properties or land, well before the system of legislation came about during the British colonial era.
I think the NCT issues will be solved once and for all.
Kena pastikan mahkamah anak negeri bertindak proaktif dalam menyelesaikan masalah ini.
DeleteTahniah kepada pemilik tanah NCR kerana memenangi kes ini. Semoga hak mereka akan terus dipertahankan.
ReplyDeletehak dan kepentingan rakyat harus dijaga dengan sebaiknya.
DeleteItu yang kita mahukan. Nasib mereka terbela.
DeleteI hope our Native Court system will become one of the pillars of the country’s judicial system, alongside with the Civil and Syariah courts
ReplyDeleteAnd never get involved in politics.
DeleteAnd never get involved in politics.
DeleteAnd never get involved in politics.
DeleteDi Australia, orang asli yang tinggal di sana ada yang ditipu sebab mereka hanya tau berbahasa dengan bahasa ibunda mereka. bila kena suruh tandatangan perjanjian, mereka agree saja.kalau di Sabah ni rasanya orang di kampung2 pun boleh berbahasa Melayu-bahasa kebangsaan, tidak mungkin mudah ditipu.
ReplyDeleteCM Sabah Datuk Musa Aman assured the people that they need not worry as they are a responsible government and are always ready to listen and fulfil the people’s needs.
ReplyDeleteMenurut Suhakam, aduan masalah tanah yang paling banyak.
ReplyDeleteNCR land rights to the native have to be fully protected.
ReplyDeleteThe right of the people is very important and must not be compromised for anything lesser.
ReplyDeleteDevelopment is a good thing anywhere but ensure once implemented should be beneficial and not harmful to those in concern.
ReplyDeleteThey have to solve other issues involved.
ReplyDeleteTreat the people fairly.
ReplyDeleteSaluran mana syarikat besar ini mendapat hak milik?
ReplyDeleteharap setiap isu yang berlaku akan dapat diselesaikan dengan sebaiknya.
ReplyDeleteKerajaan perlu bijak menyelesaikan mengenai tanah adat yang berlaku terhadap penduduk. Kerana isu sebegini pasti akan dipermainkan oleh pembangkang.
ReplyDeleteNCR isu yang hangat diperkatakan dan menjadi isu permainan politik oleh pembangkang. Maka kita harap kerajaan tidak duduk diam mengenai isu ini.
ReplyDeletedi Sabah, ada Suhakam dan peguam Kong Hong Ming.. kalau ada apa2 masalah tanah, cari saja kedua2 pihak yang saya sebutkan..
ReplyDeleteThe State Government has accepted the fact that the people have the right to claim lands which they have occupied for generations as their own.
ReplyDeleteThe state government are ready and willing to turn these lands, which have been gazetted as forest reserves, into state lands to enable the people to claim them.
ReplyDeleteThe Finance Minister assured the people that they need not worry as they are a responsible government and are always ready to listen and fulfil the people’s needs.
ReplyDeleteThe State government want to get the message around that we are a responsible government. It is a known fact that the opposition is taking advantage of the situation. It is with high hopes that the peoplewill not be influenced by their lies claiming taht the State government are irresponsible.
ReplyDeleteIn light of the matter, the Chief Minister also gave the assurance that they would go down to the ground from time to time to check on the presence of such cases.
ReplyDeleteMusa said they would be working closely with the Forestry and the Land and Survey Departments to ensure that their claims are genuine.
ReplyDeleteHis (Musa) advice to the people is not to misuse these advantages. Do not purposely encroach on forest reserves in the hope that the government would turn the areas into state lands. Only lands inherited from their ancestors would be considered.
ReplyDeleteThe Chief Minister too hope the people’s representatives and community leaders in their areas will monitor the situation and ensure that they are genuine villagers in the area.
ReplyDeleteThere have been cases where people claimed cemeteries belonged to their ancestors or parents, but we later discovered that they belong to someone else’s family members.
ReplyDeleteHe described the sitting as “successful” and many issues were raised which showed that the assemblymen are in the know of situations affecting their constituents.
ReplyDeleteAs a responsible government, the State Government are working hard to improve and provide the best to the people, especially in terms of development.
ReplyDeleteApart from that, the State Government realised that even though not all is given, but in any case where there is a need, such as electricity and water shortage, the State Government would ensure that these needs are met. This also indicated that the State Government are working hard to ensure that whatever is troubling the people are overcome and will continue to provide services to the people and ensure only the best are offered.
ReplyDelete