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OUR LAND, OUR LIVES
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Sabah is one of Malaysia's richest states,
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in terms of its natural resources.
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Its abundant natural riches and beauty
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had at one point transformed Sabah into
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one of Malaysia's richest states.
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This abundance of riches and beauty
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has become the victim of human greed and avarice,
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to the point where it has degraded Sabah
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into Malaysia's poorest state.
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Poverty in Sabah is often linked to
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the indigenous communities who live in rural areas.
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Unacknowledged by certain parties,
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the poverty amongst the native communities
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is due to the loss of their customary land
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that they have occupied and used for many generations.
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This customary territory has been the source of their livelihoods
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since the beginning of their lives,
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but ownership to it has been granted to other people.
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Many indigenous communities
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have not been able to protect their rights,
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because they are not aware that they have certain rights
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over their native customary land, or NCR.
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This lack of awareness
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has been taken full advantage of by other parties,
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including those in charge who are supposed to
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protect, defend and respect the laws
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that are enshrined in legislation.
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Today, the plight of the loss of customary land
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has become serious, and it is becoming more severe.
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Each day, greater areas
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of indigenous peoples' ancestral territory,
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have been granted by the government to outsiders
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who have no right to own such land.
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The indigenous peoples' right to native customary land has been continually ignored.
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Therefore, this DVD has been specially produced
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to assist indigenous peoples' communities
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and the general public,
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to understand what rights indigenous people have
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over their native customary land
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according to law.
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It further details what actions need to be taken
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to defend and to get recognition
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of their ownership of native customary land.
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"CLAIMING YOUR NATIVE CUSTOMARY LAND"
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Do you understand what "customary land" means?
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No? Not really? OK....
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Customary land is a way of life
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of the indigenous people (Orang Asal), OK?
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If you ask someone...
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if he has land title it means he has land rights,
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but that's not totally right. For the indigenous people,
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there's two ways to claim ownership rights on land.
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First, is with a land title. The second is without a title.
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With land title, you know NT (Native Title),
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CL (Country Lease), PL (Provisional Lease),
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these are all titles. These are secure.
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With these you're landowners.
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But for the Orang Asal, they have special rights.
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We call this your Native Customary Rights (or NCR).
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With NCR, you don't need a land title.
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Instead, NCR is based on three conditions.
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First, the person who makes the native land claim,
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must be indigenous, like yourselves.
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You're Orang Sungei? ...Sungei Temunu. You're Orang Asal.
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So, you've met the first condition.
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Second, the land that you claim must be State land.
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The third condition,
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Orang Asal must have occupied or utilised the land.
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What do we mean by 'utilised'?
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This means that there are crops, buildings or the land has been cleared.
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That's 'ulitised'. So you have these three conditions.
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In our State legislation - the Sabah Land Ordinance,
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there are seven provisions
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or seven ways of claiming native customary land.
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Those provisions are in Section 15 of the Land Ordinance,
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Those seven provisions are important.
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One of them is, if Orang Asal has lived on the land
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for at least three years.
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"Three years?"
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Yes, three years. He's built a house,
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and lived there for three years.
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"Consecutively?"
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Yes, three years consecutively, at least.
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At the point of making his claim,
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he needs to have lived there for three years.
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The second way, the easiest way,
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is that he has already cultivated the land.
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It doesn't have to be a lot, just 50 trees per hectare.
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This means 30 trees for each acre. OK?
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So if you've planted 50 banana trees on a hectare,
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you're eligible to claim NCR.
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Or 50 coconut trees, you're eligible.
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It's not difficult, right?
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To plant 50 banana trees on one hectare...
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that's not difficult. OK?
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If he has already planted paddy, he's also eligible.
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OK? So there are seven types of provisions.
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For example if there are gravesites,
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or "paung" areas? That's to do with planting?
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That's also eligible. So there are seven ways, OK?
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So the easiest way,
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is that if you've been there for three years.
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This right can be transferred, it can be inherited.
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So a father can pass it down to his child -
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Such as yourselves, you are heirs of your ancestors.
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You're already the fourth generation,
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your ancestors already had native customary rights.
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You just inherited those rights. OK? That's it.
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This is section 65 and 66 of the Land Ordinance.
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It's all in there. OK?
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So according to our laws,
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only the Assistant Collector of Land Revenue,
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can make a decision.
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he can order an inquiry
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and decide on the native land claim.
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That's section 14 (of the Land Ordinance).
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So the first person to go to is
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the Assistant Collector of Land Revenue,
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If an Orang Asal wants to make an NCR land claim,
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he needs to know: do I fulfill the three conditions?
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First: Am I Orang Asal?
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Second: Is the land I'm claiming on State land,
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and not in a Forest Reserve.
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Not somebody else's land.
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And not in a water catchment area.
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If it's State land, it's fine.
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And third, what has been my use,
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or my ancestors' use, on that land. OK?
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So how do you make a claim?
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You make a claim to
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the Assistant Collector of Land Revenue in your area.
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In writing. OK?
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So in making claims, that's sections 14, 15, 16, 65 and 66.
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An example of a Letter of Claim
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has been prepared by PACOS (Partners of Community Organisations).
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Once you submit your claim
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the Assistant Collector of Land Revenue
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will call for a public inquiry.
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It is like a public hearing.
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In the inquiry, you must prove
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your native customary rights.
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For example, you must inform them of
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how long your ancestors have occupied the land.
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You would know the history
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Some would say since the Japanese occupation,
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or before the Japanese...
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or before the British occupation....
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that their ancestors were already there.
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Then tell them how your ancestors...
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had planted trees, built houses...
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and that your father is a descendant,
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and now you are an heir to the land as well.
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So that how it is done. Easy.
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So then you must also add, besides being a descendant
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that you have other proof such as...
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documents and photos.
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Show evidence such as a photo of the house,
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of the farm, wells, graves...
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...graves of your ancestors.
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These documents are evidence, documentary proof.
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Tell them you also have witnesses as proof.
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For example, you could bring the village head.
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He can become a witness. OK?
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The Assistant Collector of Land Revenue will call the village head as a witness.
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They will then question the village head.
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So the village head may say,
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"What Justin said was all true. I would know,
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since I've been a village head for a long time.
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So I know the land had been his for a long time.
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There's been no objections from other villagers...
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So we as a community consider the land as his,
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that the land belongs to his family."
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So that's your proof. OK?
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Once you've done this, a decision will be made
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by the Assistant Collector of Land Revenue.
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The decision will usually be in written form.
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When you receive the decision,
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you must examine it carefully.
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Understand what is the decision.
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Don't just accept the decision and put it away.
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If the decision rejects your claim
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or if you had asked for 10 acres,
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and they only gave you 2 acres
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and if you are not satisfied with the result,
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then you must make a complaint within 30 days
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Pursuant to Section 41 of the Land Ordinance.
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Within 30 days you must make your appeal to
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the Director of the Land and Surveys Department...
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within the 30-day period.
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And you must pay RM50.
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When you submit your Notice of Appeal
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to the Director of Land and Surveys in Kota Kinabalu,
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you must pay RM50.
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And you must keep the receipt.
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The receipt is important.
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If you don't keep a receipt, then you have no proof of payment
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and the appeal may be rejected.
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Then the director will call a public inquiry,
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and then there will be another hearing.
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They'll have another hearing, like the last time,
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OK?
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You must prepare a letter of Declaration,
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in both hearings you must prepare a Declaration.
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It needs to be written down and submitted,
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not just verbal.
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If it's only verbal and not written, you're finished.
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Your words will have no effect.
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You must, in a proper and professional way
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prepare a Letter of Declaration
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to formally write down your evidence.
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Submit it during the hearing.
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"This is my Letter of Declaration,"
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so that all that you say will be documented, right?
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If it's only talk and nothing is written,
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when you open the file, there's nothing there!
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So you need to be smart.
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The Orang Asal need to be clever, not just rely on talking.
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Before, talking would be fine, but not any longer.
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Remember, you must have documents with you, OK?
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Then the Director will make a decision.
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When we receive the judgement, read it carefully.
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If you're not satisfied, you have 30 days to appeal.
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Submit your appeal to the High Court, as you have currently done.
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If you are not satisfied, you appeal to the High Court,
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This time, you need to appoint a lawyer
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to represent you in court.
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The lawyer will know what to do.
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Maybe you'll say...
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"the Orang Asal find it difficult to hire lawyers
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and we have no funds..."
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Now this is a big problem. ("Yes, it is...")
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But I always say to the communities,
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this funding problem can be solved
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if everyone works together, if everyone is united.
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If you alone cannot solve it,
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then the community must help to solve it.
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If today, he has a problem
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and the community doesn't help him,
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next time when you have problems
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the others also won't help you.
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If one person in the village has a problem
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everyone in the community should help him.
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Today it's his problem, the next day it could be you.
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So this issue can be solved,
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if everyone in the village is united.
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Don't just stand by and look. Right?
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Because if a friend, relative or a fellow community member
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has obstacles with NCR claims, you must help them.
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There must be collective cooperation.
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So if someone comes and encroaches onto your land,
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wanting to trespass your land,
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you must all go out to stop them -
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including all the women.
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If you just let them trespass into your village
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without any protests or resistance,
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it will be your loss.
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In the courts they will surely ask,
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"Did they make an objection?"
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"Is there a letter of objection?"
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If there wasn't any objection
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or no proof of any objection letters,
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it's difficult for us lawyers to make a strong case.
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Because to the Government, its as if you all agreed to it
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and it's as if you've granted your rights to the tresspassers.
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So you MUST make an objection.
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Legally, there is nothing wrong in making objections.
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Even if the police arrives, don't be afraid,
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as you have done nothing wrong.
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You are defending your property, that is your right.
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This right is enshrined in the Federal Constitution.
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You have a right to protect your right (to property).
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It's not wrong, so don't be afraid of the police.
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The police also have to comply with the law.
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If the police harass you,
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ask them...
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"What is my crime?"
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Ask him.
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Don't just run away when you see the police coming.
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Seriously!
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If the police arrives,
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the whole village must come out, and ask them,
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"what is our crime? What is our crime?"
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And wait for the police to respond.
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This is just one way for us to enforce our rights.
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If it reaches the courts, then let the courts decide.
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"WHY WE MUST ACT"
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Hi, I am now in Paitan
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and I'm in a village known as Tebatu.
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A few years back,
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this village was very rich with natural resources,
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where the community had virgin forests, sources of food
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and materials for handicrafts
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which had much economic potential.
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Rivers here were still very much intact
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not too long ago.
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But as we look around us now,
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this village and other places in Paitan
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have been gazetted by the Government as Forest Reserves.
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Further to being gazetted as Forest Reserves,
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there are also several large multi-national companies
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which have seized native customary land
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in several areas here in Paitan.
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When the community have lost their land
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which has been for generations inherited from their ancestors,
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they become a landless people.
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So look around...
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we can see the remnants of a community, the children here
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whose lives are harmonious,
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and comfortable because they still have land.
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However, the problem or challenge we face now
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is the oppressing of the community.
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After communities like these lose their lands,
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a life like this will also be lost.
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Children will not have a place to live,
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nor access to land to continue for the next generation.
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As land is increasingly being owned by foreign interests
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all the rivers are polluted...
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communities no longer have a source of livelihood, or income.
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The Government however, is also trying to provide support
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after all this has happened,
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because the majority of communities are now living in poverty.
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However, the support that the Government provides
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is in the form of subsidies and welfare payments.
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This is in the form of money or basic goods
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that serve to makes the community not richer,
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but more destitute than they currently are.
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This is due to an increased level of dependency
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on meagre Government financial support.
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So what can we do now?
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If our customary land is still available
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we definitely have opportunities to help ourselves
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because we may still have all our resources and land.
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But again, what can we do right now?
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The most important thing we can do
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is to stand up together,
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and to fight for our customary rights.
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We know that in many other areas
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there are still many who don't know
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and are not aware that there is legislation that exists
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that have been drafted to protect our rights as indigenous people,
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especially our native customary land.
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So the time has come to act.
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Don't let this matter oppress us
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because this situation, if left to its own course,
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will lead us to greater poverty,
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and our children will no longer have a place to call home
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as they once had before.
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So, with that I call out
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to all indigenous communities
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throughout the whole of Sabah,
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and the whole of Malaysia
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to continue the struggle - difficult though it may be,
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to ensure justice, and to claim our rights
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as indigenous peoples.
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"SUCCESSFUL CLAIMS"
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On my land, which I had fought for
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with the help of my lawyer Datuk Kong Hong Ming,
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I gained strength to defend my native customary right
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through having a complete set of documents.
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For example, before I appointed my lawyer,
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I had already made objections at the land office,
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and I had already applied
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for an inquiry on the disputed area,
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as to the status of my ownership over it.
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When I found out that the land
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could be claimed though legal means,
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it was then that I sought legal representation and advice
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to face the courts four times
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for the hearings on this land case.
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It involved the Lower Court of Pitas district
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and the High Court of Kota Kinabalu,
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and the Court of Appeal,
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and finally, the Federal Court.
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Finally, the Chief Justice of the country himself
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flew to Kota Kinabalu to deliver his judgement
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that the ownership right to that land belonged to me.
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And so I won.
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The issue regarding native customary land,
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also known as NCR,
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is very important because land to indigenous people
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is their source of livelihood.
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Land is not only seen as farmland,
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or forests, or water catchments...
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but is also seen as a part of our cultural heritage.
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This has been passed down by our ancestors,
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and so we must protect it
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to pass it down to our children,
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and the generations to come.
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Unfortunately, part of this customary land
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is already lost...
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because it has been taken by outsiders,
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especially big companies for commercial purposes.
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When our land is lost, so will our livelihood,
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as well as our culture...
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thus making us poorer than ever.
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It will not be a surprise
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that one day,
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we will become squatters on our own land.
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After watching this video, we have two choices.
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Our first option is to remain silent,
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and take no action
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and let our lands be lost to others.
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The second option is for us to take a stand,
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and together struggle for our native customary rights.
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The laws are all there,
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such as our existing land laws
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which recognizes our right
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to our native customary land.
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We should make use of these legal instruments
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as well as possible.
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I sincerely hope
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that the indigenous community in our country
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continues and strives to be united, to work together
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and help each other
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to defend our native customary land rights.
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Strength in our Struggle!
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OUR LAND, OUR LIVES
