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Background

Background. Malaysia formed 16 September 1963. Malaysia population: 28 million (2008) Sabah: 3.38million Sarawak: 2.5 million Indigenous peoples: Malay: 50.4% Other Bumiputra: 11% (Indigenous peoples) Most of 11% in Sarawak & Sabah. Source: Wikipedia, Dept. of Statistics M’sian.

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Background

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  1. Background

  2. Malaysia formed 16 September 1963 • Malaysia population: 28 million (2008) • Sabah: 3.38million • Sarawak: 2.5 million • Indigenous peoples: • Malay: 50.4% • Other Bumiputra: 11% (Indigenous peoples) • Most of 11% in Sarawak & Sabah Source: Wikipedia, Dept. of Statistics M’sian

  3. INDIGENOUS PEOPLES RECLAIMING LAND RIGHTS . Indigenous Peoples of Malaysia: Orang Asli ( Peninsular ), Kadasan-Dusun- ( Anak Negeri Sabah), Natives ( Dayak Sarawak) NATIVES (ORANG ASAL) OF SARAWAK; [Bukitan, Bisayah, Dusun, Dayak Laut/Iban, Dayak Darat/Bidayuh, Kedayan, Kelabit, Kayan, Kenyah, Sabup, Sipeng, Kajang, Sekepan, Kejaman, Lahanan, Punan, Tanjong, Kanowit, Lugat, Lisun, Murut, Penan, Sian, Tagal, Tabung, Ukit and cross mixture among natives. (26) INTERPERTATION ORDINANCE

  4. Sarawak the 1930 century. Sultanate of Brunei: Does not interfere with land matter Collect Royalty.

  5. Sarawak in 1941 – 1950 White Brookes The Rajah • A F Porter, Administration of Law in Sarawak(1841-1965) at p18. At the time of James Brooke’s arrival in Sarawak there had or centuries been in existence in Borneo and throughout the eastern archipelago a system of Land tenure originating in and supported by customary law. This body of custom is known by the generic term ‘Indonesian Adat’. Within Sarawak the term ‘Adat’ without qualification, is used to described this body of customary law or “native customary rights”

  6. Sarawak 1951 to 1963 The British Colony INSTRUMENT OF CESSION 2ND MAY 1946 between Brooke government and British colony. All properties including building will be ceded to the British crown but excluding Native’s customary rights to land, • Sarawak since 1963 ………. • THE “ INDEPENDENT” so call….. • Introduction of land Custody development Authority (LCDA), Sarawak land custody Rehabilitation Authority,(SALCRA) and later Felda, felcra, aim to alleviate poverty among Indigenous communities, BUT…. • Score. Sarawak corridor of renewable energy BUT….

  7. Conflicts with IPs After Logging started 1970, land converted into oil palm plantation

  8. GREEN REVOLUTION AND GREEN WASH started 1990’S

  9. IMPACTS PLANTATION’S open burning best PRACTICES WORRIED and displace peoples POLUTED RIVER

  10. Impact None regards and discriminatory of Indigenous traditional practices and custom. Rimbunan Hijau oil palm Selampit Bau

  11. THE TIMBER BOOM 1970’s More Forest clear & more peat swamp swept.

  12. What are the main causes? • Authorities giving land leases without proper /abuses of procedures (Eg. leases issued from office without field surveys to identify claims by communities) • Narrow or/and ill intention by authorities in Definitions of the Land Code regarding Native Customary land (Authorities only interpret native lands as only area of land cultivated continuously before 1958) • Authorities do not recognise legal precedence of court judgments on land cases • Ignorance of recognised tools (Eg. FPIC, UNDRIP, CBD) for addressing disputes with communities • Good laws, Bad implementation on the ground. • Land reform non respect of Native Custom and practices and Indigenous peoples as people.

  13. Example 1: Land Custody Development Authority • Ordinance makes LCDA responsible for assisting native land development, but fails to protect rights of indigenous peoples when they implement development projects on behalf of communities • In Kanowit, Pelita/Boustead OP plantation in conflict with natives

  14. Example 2: Pelita/Rindwood Plantation (IOI since 2006), TinjarBaram ( Suit No:22-59-1997 (MR) LahAnyie. • Pelita does not recognise native claims to the land in dispute. Example 3: Salcra, despite having good model for FPIC and recognising Native Customary land yet having problem in solving land conflict and delivering dividend of profit to participants.

  15. COMMUNITIES REACTIONS Petition to Government Protesting Shameing with posters etc

  16. COMMUNITIES REACTIONS Damaging of mechinary Setting fire Blockading on field

  17. LEGAL ACTIONS

  18. SARAWAK COURT CASES • 203 OF WHICH 60 % RELATING TO OILpalm plantations. . Major violators • Pelita (LCDA) related joint venture investment. • Sime derby • IOI. • Tabunghaji • Bousted • Salcra • Felcra • Felda • RimbunanHijau • Kts • Samling • wtk • etc

  19. Confrontational action

  20. . Way forwards UN DRIP & CBD THANK YOU LAND IS OUR BLOOD , LIVE, BACK TO BASIC

  21. HI • WHO CAN HELP ME?....

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