Court gave proof of land grabbing, says Bian

KUCHING:  A court decision on Tuesday has strengthened the opposition’s argument that the Sarawak government has been allowing big business to encroach on native customary land.

Sarawak PKR chairman Baru Bian today welcomed the Kuching High Court’s recognition of native customary rights (NCR) over the Bukit Bediri Forest Reserve and the Stika Forest in Sebangan, calling it “yet another evidence of the state government’s land grabbing policy”.

Tuesday’s judgment by Judicial Commissioner Rhodzariah Bujang was in regard to a suit that several natives had brought against two Sibu-based companies—Hock Tong Hin Sawmill Co. Bhd and Roundtrees Timber Sdn Bhd—for encroaching into their NCR land. They also named as defendants the Sarawak government, the Sarawak Director of Forests and the Samarahan Superintendent of Lands and Surveys.

Bian, an NCR activist, saw the natives’ victory as a boost for PKR’s election campaign. Sarawakians will go to the polls this April 16.

“Remember, we have been releasing evidence of land grabbing by the state government,” he said. “This is another piece of evidence, and we will release more as we approach polling day.”

The government has repeatedly denied the charge.

“But we have proof that the government is taking away people’s land and giving such land to their cronies,” Bian said.

In her decision, Rhodzariah declared that the plaintiffs—Nicholas Mujah, Lai Anak Nyambong and Pili Anak Mit—as well as “all other proprietors, occupiers, holders and claimants” had inherited native customary rights over the Bukit Bediri Forest Reserve and the Stika Forest.

Mujah, Lai and Pili brought their suit on behalf of themselves and the natives of three villages in Sebangan—Kampung Ensika, Kampung Entanggor, and Kampung Tungkah Dayak.

Their land had been gazetted in 1959 as communal forest for the three villages as well as four others—Kampung Stika, Kampung Sekitong, Kampung Sungai Lumut and Kampung Sungai Arus.

Railway track on land

In early 2006, the villagers found that Hock Tong Hin Sawmill and Roundtree Timber had built a railway track over a part of the land, causing serious damage to the environment and loss of timber.

In February 2006, they complained to the District Officer of Simunjan, who told them to lodge a report with the Sarawak Forestry Corporation. They did so, and waited in vain for action.

On Sept 14, 2006, after a meeting with the two companies failed to resolve the issue, the villagers put up a blockade to stop the logging.

In their statement of claim, the plaintiffs said the villagers’ right to their livelihood had been and continued to be seriously impaired.

They said they had been deprived of their sources of food and medicine.

Rodhariah ruled that the defendants were jointly and severally liable to pay damages to the plaintiffs, except those from Kampung Stika, for the trespass.

According to plaintiff Mujah, the village head of Kampung Stika had sold the villagers’ right to the companies without first getting a consensus. He said that the case should serve as a good lesson to longhouse chiefs and village heads.

The companies paid the Kampung Stika villagers between RM30.00 and RM200 per family.