Since the reign of Rajah in 1841, Rajah was aware of the sensitivity of customary law relating to native customary rights. Thus, native customary rights land according to the customs of a people was first recognized by the Rajah Brooke since 1841. This was proven when Rajah James Brooke wrote in the Journal of Bills. One that states: “The fruit trees about the kampung, and as far as the jungle wound, are private property.”
Land issue is still a major issue of Sarawakians and need to be addressed by the state government under the leadership of new Chief Minister Datuk Amar Dato ‘Sri Abang Haji Abdul Rahman Zohari Tun Abang Haji Openg. Many indigenous land issues and Temuda land of Sarawak natives have yet been alienated by the government and ultimately became the property of the private sector and developers.
The question is why this has happened while they had many times applied to obtain ownership of the government and wait too long their application to be processed suddenly get to know their land is already owned by the developer the private sector.
Of course they are frustrated and angry and tried to prevent the developer from entering and invading the land of their forefather’s heritage. The Sarawak Land and Survey Department must give a valid reason why they easily release the land owned by local people with a reason to developers for construction. An average of house prices that developed by the developers only affordable to those with high incomes rather than those who are middle and low income. The villagers could only see it as not being able to have a luxurious home.
Most of the original inhabitants who own the land do not have anywhere else to support their daily life besides being a farmer and also where they set up a house. Why is it so difficult for the parties concerned give ownership to them as if they were discriminated and their problems not even given attention by the government with the excuse that the land they had occupied it is state land to be developed.
Some villagers complained that their house was built in the land that is recognized as a village zone demolished by the enforcement authorities of the Land and Survey Department. There is an enforcement officer of Land and Survey Department is demolished and prohibits local residents who have set up their booths in farm lands and they are also prohibited from farming by reason of the state land.
Residents who live mostly in rural areas and suburbs become a victim of mainstream development because many of their inherited land have been granted to developers for development because they do not have a land titles. Finally they become squatters in their own country after the land of their inheritance was given to developers while developers from outside given the privilege to dominate and take profit of their land.
The new Sarawak Chief Minister should listen to groaning and take appropriate action on the problems faced by the people, especially indigenous and customary land acquisition problems of Malay Bumiputera in the suburbs for development purposes. They livelihood depended on the income from agricultural sources if their land is taken by the developers how they want to cultivate and support their daily life. Many of these cases occurred in the area of Lusut, Tukau Jaya, Pujut Padang Kerbau and Kuala Baram Land District. The area was once occupied and explored by the natives in Sarawak during the reign of Rajah Brooke before.
They appealed to the government not to take their land and give it to developers for development purposes because they also need the land to live on and earn a living by farming. An economic condition is getting more difficult they need to support their daily life by selling agricultural produce. If the source of their income is blocked what they can do to support their daily life? Is the government like to see them become homeless and begging because they have lost their source of income?
We urge the relevant authorities to investigate what is the real causes that led to the native land (NCR Land and Temuda Land) falling into the hands of the developers and the private sector. What about with their application process which has long been applied until now still no answer. There are applicants who have already died and inherited by their children still have not been alienated. Why are their rights is blocked by the government solely cater to the desires of developers?
The government should encourage the owners of this land conducting the activities earn extra income by performing the activities of food production such as planting vegetables, fruits, cash crops, livestock and aquaculture. At least they can be independent and reduce their burden of continues expect government assistance alone.
The relevant authorities should think the plight of the homeless and where they earn a living. The government should give priority to the people first before giving facilities to the developers who are only concerned with profit alone without thinking of the fate of people who need basic needs.
Don’t just give the land title to developers solely for profit while the fate of the local population continues to be marginalized from the mainstream of development that is not balanced. Cooperation with the authorities to resolve this land issue in a transparent and equitable is highly appreciated.
“Anyone who inhabit (undertake) land that is not owned by anyone, then he is entitled to it.”
(Narrated by Al-Bukhari).
Yours faithfully
Jofri Jaraiee
Sarawak PAS Commissioner cum Miri PAS Chief
