“STAR: Govt Must Solve NCR Problems Not Talk”

“The State Government should immediately take remedial action to solve the NCR and other land problems and not waste precious time to discuss whether it recognizes native customary rights (NCR) after 1930 as opined by the State Attorney General that NCR were extinguished by the Land Ordinance, 1930” stated Datuk Dr. Jeffrey Kitingan, STAR Sabah Chairman, in response to the statement by the Chief Minister that the Cabinet had discussed NCR at length and will be seeking the views of BN component parties and other experts

The State Attorney General (AG) should honourably tender his resignation if his views do not represent the stand of the State Government.

The Land Ordinance has been in existence since 1930 and has been implemented over the years including by the present State government.

Does the State government recognize that the natives are entitled to claim their NCR without any cut-off date of 1930 or otherwise?

There is no reason for the Chief Minister or the State government or BN components to beat around the bush and avoid making a stand. Its a simple, YES or NO answer!

Looking at the bigger picture, the issue is not whether the State administration recognizes NCR after 1930 but the urgent need for serious pro-active actions to be taken to resolve the mountain-high NCR and land problems.

“The AG’s statement and the government’s little or non-actions have caused unnecessary stress and anxiety particularly to the natives in the current turmoil of land grabs and demolition of native homes and crops by companies and outsiders all over Sabah.”

The land grabs and destruction are largely caused by the State Government itself in failing to properly address and resolve the land problems of the natives and their NCR claims”

The Government has failed to properly apply the land laws applicable to NCR and the AG’s statement will surely add to the problems in land administration.

The Land Ordinance in 1930 was not intended to and should not extinguish the NCR of the natives which carries with it the right to life closely connected to their land. Their right to life and to their land have existed since time immemorial and pre-existed the Land Ordinance.

Native customary rights of indigenous people are a universally recognized right adopted by the United Nations through the UN Declaration on the Rights of Indigenous Peoples and are gaining recognition by governments and legal systems world-wide.

NCR has long been established in Sabah and fully adopted by the British colonial masters as well as by previous State governments and recognized by the local native laws and the native courts as well as our federal courts.

Based on the “doctrine of continuity”, NCR rights continue and should not be extinguished by the mere passing of statutes.

In fact, the Land Ordinance recognizes NCR and the Ordinance does not expressly extinguish NCR. In addition, the definition of “State land” appears to support the continuity of NCR.

Has the present Government in its land administration subtlety extinguished or ignored NCR?

One cannot be faulted for thinking that the Government in its land administration has extinguished or has ignored or sidelined NCR or not prioritizing NCR. The ballooning land disputes and problems and non-action on claims for NCR seem to be the consequence of such sidelining or non-prioritization of NCR.

The statement by the AG appeared to be guided by “hidden hands” and issued “upon the instructions” of the hidden hands.

“We call upon the CM and the local BN components to take immediate action to resolve the NCR and land problems and not beat around the bush trying to discuss the existence of NCR as an excuse in the light of the wishy-washy statement by the CM.”

If the State government has any doubts on the interpretation on the recognition of NCR after the passing of the Ordinance, the issue should be referred to the courts immediately, who are the final arbiter and interpreter of the law, not the AG.

If the Government indeed does not prioritize NCR in its land administration, immediate remedial action needs to be taken to solve the NCR and land problems as well as to correct the grievous error before further damage is done and not delay further by holding further discussions.

As it is, hundreds of thousands of acres of native lands are being given to companies and outsiders, homes of natives are being unnecessary demolished and helpless natives are beginning to be made refugees in their own land.

The natives are suffering.

Stop the carnage of native rights before it is too late.