COMMUNAL TITLES A DISASTER FOR NCR IN SABAH

COMPLAINT…Kong showing the letter of complaint dated 15.03.2010 from Pengerusi Tanah Warisan Mukim Lalampas to the Director of Lands & Surveys and State Assemblyman YB Masiung Banah for N47 and the locality plan of the NCR land affected.

By: PKR MEDIA

GOVERNMENT should not force the indigenous people to accept communal titles for land that they have rejected because there was no claim for native customary rights (NCR) in the land or the land is not suitable for planting purposes required by the native communities, said Datuk Kong Hong Ming, Parti Keadilan Rakyat (PKR) Sabah Presidential Council member in responding to the visit of Deputy Prime Minister Tan Sri Muhiiddin Yassin on Thursday to Tongod in conjunction with the handing over of communal titles to the people there.

“For years, Tongod has been a focal point in terms of land grabs and encroachment of ancestral and customary land. In his visit to Tongod on Thursday, the Deputy Prime Minister should intervene and look into the grievances of the people of Tongod with regard to their plight on land issues and the unjustly deprivation of their NCR land.” Kong said.

Citing a recent complaint referred to him by the natives in 16 villages in Mukim Lalampas at Tongod district, Kong said in two meetings with senior government officers and local communities leaders in March and April 2010, the villagers had voiced out their objections to the offer of communal titles to the land identified by the State Government because the villagers had no NCR claims on the land and the land offered was not suitable for planting purposes required by the native communities.

“According to the villages and the topographical map shown to me, the land offered by the State Government is located at very steep and hilly terrain.

“In the same meetings, the villagers informed the relevant authorities and BN politicians that their NCR and ancestral land held by 16 villages are located within the areas now earmarked by the State Government for agropolitan projects covering 38,000 acres of land. The native communities made clear to the State Government to issue communal titles for their NCR and ancestral land held by them instead of the steep and hilly land rejected by them.

“It is very unfair and unreasonable that the Government decided to grant communal titles to the native communities in Mukim Lalampas of Tongod to the land that they had rejected because of the steep and hilly terrain when the good NCR lands that they have occupied and cultivated for years and generations were allocated for agropolitan projects undertaken by corporations.” Kong said.

“This is another incident of land grabs and encroachment of NCR and ancestral lands by the Government, the highest authority entrusted to safeguard the wellbeing and advancement of the natives of Sabah” Kong commented.

“The present BN Government is fully aware of the existence of these native communities since before the formation of Malaysia or any form of government administration in Sabah (or North Borneo). Lands & Surveys Department had received at least 1,194 land applications from the local inhabitants of the 16 villages. Despite the long lapse of time, no land title was issued to them. With the implementation of land development schemes now targeted by the BN government, the NCR and ancestral land belonging to the indigenous communities will be lost permanently.

“Such extinguishment of the property right in NCR land belonging to the indigenous communities in these 16 villages without compensation is unconstitutional since it is fundamental liberty that no man shall be deprived of their property, except according to law” Kong said.

“One may ask: what is the priority of the government in the issuance of communal title especially when complaints of land grab and encroachment of NCR land in Sabah is such an important and burning issue now? Is the issuance of communal title aiming for the protection of NCR land legitimately belonging to the indigenous communities or for the profit-orientated joint venture land development schemes with agencies or corporations or their joint venture partners?

“Having these joint venture land development schemes encumbering the communal titles to their NCR land, can the government guarantee to the native communities that they will have a right to decide in the development of the land and the land ownership, or rather, the native communities have lost their ownership right to the NCR land forever? Who is to protect and monitor the interest of the native communities in these joint venture land development schemes?” Kong questioned.

“Government, State and Federal owe a fiduciary duty to the indigenous people of Sabah in protecting their well-being and advancement under the State and Federal Constitution. Joint venture scheme per sec imposed by the government will not resolve land right and ownership problems.” Kong added

Further, in responding to the statement of Tourism Culture and Environment Minister Datuk Masidi Manjun that the government had set in place measure to protect customary rights of natives in their land, including the issuance of communal titles, Kong said, “Mechanism of land ownership by indigenous community by communal title is nothing new since such land title is provided in the Sabah Land Ordinance in 1930 or even earlier.

“The foundation of communal title is premised on native customary rights (NCR) of the indigenous community in land resources managed by the native community according to their local practices, tradition and custom. Sabah Land Ordinance further provides that land issued with communal title can be subsequently sub-divided into individual titles as and when decided by the native community.

“However, the indigenous communities are very concerned that the issuance of communal titles by the government was somehow associated with joint venture land development schemes with government agencies or corporations. The element of land ownership and participation by the indigenous community in managing traditional NCR land is no longer a relevant consideration.” Kong said.

“People questioned as whether there was any free prior and informed consent from the native community with regard to the joint venture scheme planned by the overnment in NCR land.” Kong added.

Kong said the spirit and intent of communal titles must prevail and the possible abuses in the issuance of communal titles must be avoided in order not to deprive the native communities of their legitimate right in their ancestral and NCR land.