BALA ANAK MACAM MACAM GAYA

Saturday, May 02, 2009

BALA ANAK MACAM MACAM GAYA

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New Concept of NCR Land Development

Land is always stirred emotions in people. In Sarawak, the native population espacially Dayak communities are rich in ancestral land, which is passed from generation to generation.To the Ibans of Sarawak or to the Dayak groups or natives , land is inherent property, cultural heritage and wealth.

Sarawak government policy is to raise the standard of living of the Sarawak native or indigenous population by placing their Native Customary Right (NCR) land within the corporate structure that would facilitate large-scale land development in rural areas.

Sarawak government has introduced a NCR land development scheme called "KONSEP BARU PEMBANGUNAN TANAH HAK ADAT" OR New Concept of Development on Native Customary Rights Land. The concept is formulated on the premise that the vast tract of NCR land can be turned into "LAND BANK", with new form of land ownership to facilitate joint venture operations with private sector for the purpose of large-scale development. NCR Land owners surrender their land.Under the New Concept, all NCR lands in an area would be delineated into one large block deleting boundaries of Native Customary Land territories. A body corporate,usually Land Consolidation and Development Authority (LCDA) would act as the Tustee Agent (with Power of Attorney) with a private plantation companies, selected by an agency itself,to be partners in implementation of plantation project of Native Customary Land.The desired documentation frameworks to implement the new concept of NCR Development are:-

1) a Deed-between State Government of Sarawak, Native NCR landowners and Managing Agent;
2) a Trust-NCR landowners appoint a Government Agency as their Trustee;
3)a Joint Venture Agreement-between Trustee and Developer(private company).

In the joint-venture company, the private company will have 60% equity while the government agency will hold 10%, and NCR landowners will get 30% equity share for investing their land for a renewable term of 60 years.

NCR landowners are rid of power and rights. They do not have the say nor the right to sit in the Joint Venture Company Board. By signing the Power of Attorney, they leave all rights over their lands to LCDA before the project begins. As the NCR landowners are rid of power and rights to check the Joint Venture's management, accounts, and all related matters, they are in great uncertainties of ensuring themselves that Joint Venture is making profit and that they would be receiving appropriate dividend.

Boustead Pelita Kanowit Plantation project in Kanowit District, Kanowit,Sarawak shows a very bad example. The project started in 1995.After NCR landowners put up protest in May,2008, only then the joint venture company,Kanowit Oil Palm Plantation Sdn. Bhd. distributed interim divident to 2133 participants in a total sum of RM1.39 million. Average amount each participant received RM890.76. Average dividend for each participant per year is RM68.50

When the native communities are not being put in the management and Board of Directors, they have no control over what is proposed. The intention of the Sarawak State Government to lift the standard of living of the rural native communities is doubtful. The Aspirations, needs and other general interest of the native communities have not been taken care of the "Konsep Baru" proposal. It is seen as merely a gentle way of grabbing lands from the native communities.

Ta Ann deployed its men to Naman and Durin areas to persuade Iban NCR landowners to become participants and surrender their NCR land.Because of the bad examples shown in Kanowit, Iban communities of Durin and Naman are reluctant to partcipate in the proposed joint venture projectTa Ann Pelita Durin Plantation between LCDA and Ta Ann to develop about 5141 ha. of NCR Land.

BESI

Laws and Native Customary Rights

Native Customary Rights or native titles are well protected under the laws applicable in Malaysia.General Laws of Sarawak and Laws in Malaysia are the laws that are applicable in Malaysia.

Native Court Ordinance 1955, Native Court Ordinance 1992 and Land (Classification) Ordinance 1948 define general laws of Sarawak to mean not only:-
(1)Statutory Laws but
(2)Custom and usage as well and as such
(3)Native Customary Rights that have existed before the rule of Rajah and continue until now.

Interpretation Acts 1957 & 1958 and Article 160 of Federal Constitution of Malaysia describe Law in Malaysia to include:-
(1)Written Laws,
(2)Common Laws in so far as it is in operation in the Federation or any part thereof, and
(3)any custom and usage having the force of laws in the Federation of Malaysia in any part thereof.

In short, Adat and Written Laws are the laws used in Malaysia.

Adat is a custom or a rule of conduct which is obligatory upon communities within its scope established by long usage. A valid custom has the force of the law. Custom is to a society what law is to the state. Avalid custom is immemorial antiquity, certain and reasonable, obligatory, not repugnant to statue law, though it may derogate from the common law. Native customary rights can be defined as rights of the native acquired and/or created by virtue of custom or adat of the natives. Native customary rights may refer to:-
(1)the rights over land, or
(2)rights that govern the social life of the native communities which is called adat, or
(3)eveb customary laws. These practices and usages include hunting, fishing, agriculture, gathering, cremonial and religious function.

Sarawak was ceded to James Brooke with proprietorship and sovereignty over land, but James Brooke had shown a consistent respect for native customary rights over land. He had referred to native customary rights as "the indefeasible rights of aborigines". He was actuely aware of prior presence of native communities, whose own laws in relation to ownership and development of land had be consistently honoured.

Written Laws in Malaysia include (1)Constitutional Laws, (2)Statutory Laws, (3)Common Laws, and (4)International Laws.
(i)Constitutional Laws
Federal Constitution of Malaysia is the Supreme law of the country. The issues of fiduciary obligation towards the natives have arisen in Malaysia In Sagong case, Federal and State governments were both said to have owed a fiduciary duty to Orang Asli to protect them from unscrupulous exploitation and to safeguard their tribal organisation and their way of life.That duty emanates from Article 8(5) of Federal Constitution of Malaysia. In case of Sarawak and Sabah, Article 153 of Federal Constitution of Malaysia imposes fiduciary obligation on Yang di-Pertuan Agong to protect the interest of the natives. Further preferential treatment as rehards to alienation of land by the state is contained in Article 161A(5), while protection of native law and custom is also under Article 150(6A) Clause 5 of Federal Constitution of Malaysia.

(ii)State Constitution of Sarawak
For the natives of Sarawak, this is a reflection of the Brooke's government's belief that Sarawak is "heritage" of its people and that the land is their Lifehood. In the Nine Cardinal Principles of Rule of English Rajahs, the government held itself as trustee of the people and it was for this reason that policies were put in place for protection of natives' interest against outside exploitation.

The state fiduciary duty also arises because of inalienability of native customary rights and native customary right land as a form of property which involves resources. The state power to impair native customary rights by way of alienation and by issuing of licences to parties to extract resources fro native customary right land and the fact that such rights are inalienable except to another native ot to the state, give rise to fiduciary obligation on the state.The fiduciary obligation proctects those rights so that they cannot be terminated without:-
(a)involving,
(b)informing,
(c)consultingt, and
(d)negotiating
with the customary rights holders ingood faith, limiting the impact and detriment on the affected natives.

Statutory Laws
The natives can assert their rights under Satatutory Laws to protect or defend their NCR land.
The Forest Ordinance only has three provisions for isuing Timber Licence.
(a)Section 49- ti issue Timber Licence over Forest Reserve;
(b)Section 51- to issue Timber Licence over Protect Forest Reserve; and
(c)Section 55-to issue Timber Licence over State Land.

Any Timber Licence that covers NCR land is null and void.

Land Code does not have any provision for alienation of native customary right land.
Native customary rights cannot be extinguished if not according to the law without adequate compensation.

Section 96, 97 and 105 of Panel Code provide rights of private defence of body and property against thief, robbery,Mischief and trespass.Section 27(5) provides right to arrest.
The native communities can assert these rights against any intruder from outside the communities.

Common Law
Common Laws are judge-made laws which are based on the decision of the courts. Common Law recognises pre-existence of native customary rights. In Madeli III, the Federal Court handed down its decision in Superintendent of Land and Survey Miri Division and Government of Sarawak v Madeli bin Salleh(Suing as Administrator of the Estate of deceased, Salleh bin Kilong). The Federal Court reviewed and commented on a number of Privy Council, High Court of Australia, and High Court of Canada decisions stating that the common law on indigenous property rights. The Federal Court acknowledged that the rule, upon acquiring soveriegnty, court assumes that the Crown intends to respect existing property rights. Further, the Crown's acquisition of soveriegnty did not disturb indigenous land rights held pursuant to customs, although the Crown could extinguish such rights with clear and unambiguous legislation. Following the decision in Mabo(No.2), the Federal Court explained that the Crown did not acquire absolute beneficial ownership of land, but instead, obtained radical title, subject to any indigenous rights over land. Finally the Federal Court cited a Privy Council decision emphasizing the importance of understanding indigenous rights and customs on their own terms without importing English conception of property law.

International Laws
As member state of United Nations, Malaysia is obliged by Article 56 of Chartter of United Nations. Malaysia ought to observe UN Instruments like Chartter of United Nations, Universal Declaration of Humah Rights, UN Declaration of Rights of Indigenous Peoples, CBD, ILO 169, Convenant on Civil and Political Rights. Malaysia had voted for the adoption of UN Declaration of Rights of Indigenous Peoples in the General Assembly of United Nations. Articles 25,26 and 27 of the declaration deal with rights of indigenous peoples to their land.

BESI

IBAN PEOPLE

The Ibans are a branch of the Dayak peoples of Borneo. They were formerly known during the colonial period by the British as Sea Dayaks. Ibans were renowned for practising headhunting and tribal/territorial expansion. A long time ago, being a very strong and successful warring tribe, the Ibans were a very feared tribe in Borneo. They speak the Iban language.

Today, the days of headhunting and piracy are long gone and in has come the modern era of globalization and technology for the Ibans. The Iban population is concentrated in Sarawak, Brunei, in the West Kalimantan region of Indonesia. They live in longhouses called rumah panjai or rumah panjang [1]. Most of the Iban longhouses are equipped with modern facilities such as electricity and water supply and other facilities such as (tar sealed) roads, telephone lines and the internet. Younger Ibans are mostly found in urban areas and visit their hometowns during the holidays. The Ibans today are becoming increasingly urbanised while (surprisingly) retaining most of their traditional heritage and culture.

Iban History

The origin of the name Iban is a mystery, although many theories exist. During the British colonial era, the Ibans were called Sea Dayaks. Some believe that the word Iban was an ancient original Iban word for people or man. The modern-day Iban word for people or man is mensia, a slightly modified Malay loan word of the same meaning (manusia).

The Ibans were the original inhabitants of Borneo Island. Like the other Dayak tribes, they were originally farmers, hunters, and gatherers. Not much is known about Iban people before the arrival of the Western expeditions to Asia. Nothing was ever recorded by any voyagers about them.

The Ibans were unfortunately branded for being pioneers of headhunting. Headhunting among the Ibans is believed to have started when the lands occupied by the Ibans became over-populated. In those days, before the arrival of western civilization, intruding on lands belonging to other tribes resulted in death. Confrontation was the only way of survival.

In those days, the way of war was the only way that any Dayak tribe could achieve prosperity and fortune. Dayak warfare was brutal and bloody, to the point of ethnic cleansing. Many extinct tribes, such as the Seru and Bliun, are believed to have been assimilated or wiped out by the Ibans. Tribes like the Bukitan, who were the original inhabitants of Saribas, are believed to have been assimilated or forced northwards as far as Bintulu by the Ibans. The Ukits were also believed to have been nearly wiped out by the Ibans.

The Ibans started moving to areas in what is today's Sarawak around the 15th century. After an initial phase of colonising and settling the river valleys, displacing or absorbing the local tribes, a phase of internecine warfare began. Local leaders were forced to resist the tax collectors of the sultans of Brunei. At the same time, Malay influence was felt, and Iban leaders began to be known by Malay titles such as Datu (Datuk), Nakhoda and Orang Kaya.

In later years, the Iban encountered the Bajau and Illanun, coming in galleys from the Philippines. These were seafaring tribes who came plundering throughout Borneo. However, the Ibans feared no tribe, and fought the Bajaus and Illanuns. One famous Iban legendary figure known as Lebor Menoa from Entanak, near modern-day Betong, fought and successfully defeated the Bajaus and Illanuns. It is likely that the Ibans learned seafaring skills from the Bajau and the Illanun, using these skills to plunder other tribes living in coastal areas, such as the Melanaus and the Selakos. This is evident with the existence of the seldom-used Iban boat with sail, called the bandung. This may also be one of the reasons James Brooke, who arrived in Sarawak around 1838, called the Ibans Sea Dayaks. For more than a century, the Ibans were known as Sea Dayaks to Westerners.

Religion, Culture and Festivals

The Ibans were traditionally animist, although the majority are now Christian, some of them Muslim and many continue to observe both Christian and traditional ceremonies, particularly during marriages or festivals.

Significant festivals include the rice harvesting festival Gawai Dayak, the main festival for the Ibans. Other festivals include the bird festival Gawai Burong and the spirit festival Gawai Antu. The Gawai Dayak festival is celebrated every year on the 1st of June, at the end of the harvest season, to worship the Lord Sempulang Gana. On this day, the Ibans get together to celebrate, often visiting each other. The Iban traditional dance, the ngajat, is performed accompanied by the taboh and gendang, the Ibans' traditional music. Pua Kumbu, the Iban traditional cloth, is used to decorate houses. Tuak, which is originally made of rice, is a wine used to serve guests. Nowadays, there are various kinds of tuak, made with rice alternatives such as sugar cane, ginger and corn.

The Gawai Burong (the bird festival) is held in honour of the War God, Singalang Burong. The name Singalang Burong literally means "Singalang the Bird". This festival is initiated by a notable individual from time to time and hosted by individual longhouses. The Gawai Burong originally honoured warriors, but during more peaceful times evolved into a healing ceremony. The recitation of pantun (traditional chants by poets) is a particularly important aspect of the festival.

For the majority of Ibans who are Christians, some Chrisitian festivals such as Christmas, Good Friday, Easter, and other Christian festivals are also celebrated. Most Ibans are devout Christians and follow the Christian faith strictly.

Despite the difference in faiths, Ibans of different faiths do help each other during Gawais and Christmas. Differences in faith is never a problem in the Iban community. The Ibans believe in helping and having fun together. This is ironic for a tribe who once waged war with others due to differences.

Musical & Dancing Heritage

Iban music is percussion-oriented. The Iban have a musical heritage consisting of various types of agung ensembles - percussion ensembles composed of large hanging, suspended or held, bossed/knobbed gongs which act as drones without any accompanying melodic instrument. The typical Iban agung ensemble will include a set of engkerumungs (small agungs arranged together side by side and played like a xylophone), a tawak (the so-called 'bass'), a bendai (which acts as a snare) and also a set of ketebung (a single sided drum/percussion).

The Iban as well as the Kayan also play an instrument resembling the flute called 'Sapek'. The Sapek is the official musical instrument for the Malaysian state of Sarawak. It is played similarly to the way rock guitarists play guitar solos, albeit a little slower, but not as slow as blues.[ One example of Iban traditional music is the taboh.

The Ibans perform a unique dance called the ngajat. It serves many purposes depending on the occasion. During Gawais, it is used to entertain the people who in the olden days enjoy graceful ngajats as a form of entertainment. Iban men and women have different styles of ngajat. The ngajat involves a lot of precise body-turning movements. The ngajat for men is more aggressive and depicts a man going to war, or a bird flying (as a respect to the Iban god of war, Singalang Burong). The women's form of ngajat consists of soft, graceful movements with very precise body turns. Each ngajat is accompanied by the taboh.

Branches of the Iban People

Although Ibans generally speak a dialect which is mutually intelligible, they can be divided into different branches which are named after the geographical areas where they reside.

Majority of Ibans who live around the Lundu and Samarahan region are called Sebuyaus.

Ibans who settled in areas in Serian district (places like Kampung Lebor, Kampung Tanah Mawang & others) are called Remuns. They may be the earliest Iban group to migrate to Sarawak.

Ibans who originated from Sri Aman area are called Balaus.

Ibans who come from Betong, Saratok & parts of Sarikei are called Saribas.

The Lubok Antu Ibans are classed by anthropologist as Ulu Ai Ibans.

Ibans from Undup are called Undup Ibans. Their dialect is somewhat a cross between the Ulu Ai dialect & the Balau dialect.

Ibans living in areas from Sarikei to Miri are called Rajang Ibans. They are the majority group of the Iban people. They can be found along the Rajang River, Sibu, Kapit, Belaga, Kanowit, Song, Sarikei, Bintangor, Bintulu and Miri. Their dialect is somewhat similar to the Ulu Ai dialect.

In Kalimantan (Indonesian part of Borneo), Iban people are even more diverse. The Kantu, Air Tabun, Semberuang, Sebaru' , Bugau, Mualang & along with many other groups are classed as "Ibanic people" by anthropologist. They can be related to the Iban either by the dialect they speak or their custom, ritual & their way of life.

APAI SIMBA

Saturday, May 02, 2009