Thursday, October 15, 2009

Tanah Adat Negeri Sabah: USUL


Tanah Adat atau Tanah pusaka merupakan satu isu penting yang masih menjadi masalah utama dalam proses pemilikan tanah oleh kaum Pasok Momogun di negeri ini, terutama sekali
· Hakikat bahawa Tanah Adat merupakan salah satu kawasan tanah yang diwarisi turun-temurun oleh kaum Pasok Momogun dan kawasan tanah ini kebanyakannya dimiliki atas dasar hak asasi (customary rights), dan bahawa
· Pelbagai usaha telah dilakukan oleh para pemohon untuk mendapat hak milik ke atas tanah tersebut melalui proses permohonan tanah yang berkuatkuasa namun kebanyakan permohonan tersebut tidak dapat diluluskan, atau tidak dapat diproses atas alasan tertentu seperti dasar dan peraturan pemilikan tanah yang dikuatkuasakan oleh pihak kerajaan yang bercanggah dengan niat pemohon untuk memajukan kawasan tanah yang mereka warisi, dan bahawa
· Mana-mana pemilikan tanah adat yang sudah dipunyai dengan pengeluaran geran NT yang sah, maka tanah adat yang dikeluarkan di bawah geran NT haruslah diberi nilai yang sama dengan geran CL dari segi pemberian pampas an dan sebagainya, maka dengan itu


Bumburing Urged Problem Faced By Pasokmomogun Displaced by FMU solved!

The Government-initiated Forest Management Unit (FMU) programme was meant to ensure forestry sustainability in Sabah but instead it is creating untold hardship and suffering to the people living within its perimeters.
Citing the FMU-gazetted area in Sugut, Beluran, Upko Deputy President Datuk Seri Wilfred M. Bumburing said the forestry programme made the villagers poorer.
He claimed the villagers were not allowed to develop the land they inherited from their forefathers. "They are not even allowed to reside in the lands or plant rice and other crops on it," he said after visiting the affected villages that include Kampung Simpang Satu, Dua and Tiga.
He said the action of these government-appointed FMU concessionaires was certainly not helping the Government achieve the zero poverty target by 2010.
"The FMU programme was aimed at helping the people who have lived in the gazetted area before the FMU policy was introduced, to enjoy better quality of life.
"But sadly, the rakyat in these areas, he said were now faced with having nothing to eat."
According to him, during the PBS government, a committee was formed and chaired by him to look into the traditional villages located within forest reserves areas.
"The policy then was that if the kampong was in existence before the Forest Reserve areas were gazetted, the areas where the villages are located must be excised out," he said.
He recalled the time he was a State Minister under the tenure of Datuk Yong Teck Lee as Chief Minister when the FMU contract was first tabled and discussed in a Cabinet meeting.
During the meeting, he said he cautioned Cabinet members and the Government about the existence of more than a hundred traditional villages within the forest reserves.
Bumburing, who is also Tuaran MP, said he feared even then that the FMU concessionaires would restrict the villagers in their daily activities and therefore affect their livelihood.
"Today, what I feared had become a reality. The villagers who reside within the FMU areas are not allowed to plant padi or any other cash crops.
"The promise of lucrative harvest from the Acacia trees which they planted during the Berjaya administration under Datuk Harris Salleh are now being taken over by the FMU concessionaires. They are not even allowed to cut the trees that they themselves had planted to build their own houses," he said.
"The villagers had lodged several complaints to the authorities but unfortunately were ignored."
Bumburing said the people's socio economic situation is in bad shape and their only means of communication with the outside world is through abandoned logging roads.
These people, he said, do not enjoy basic social amenities that were provided to people in other areas. Most of them had to depend on unhygienic water collected from waterholes for their cooking, washing and bathing.
Along these lines, he urged the State Government to reintroduced the policy that would protect traditional villages that lies within any Forest Reserve and especially those who are living within the FMU areas.
"I also strongly urge the State Government to implement the promise to excise the villages and its surrounding areas from the FMU areas and provide them with means to uplift their livelihood," he said.
Instead of channeling huge funds to finance mega projects that would benefit only a chosen few, he said a comprehensive development plan should be introduced to benefit the people in the areas concerned such as those in rural Sugut.
Immediate plans also must be drawn and implemented to solve the problem arising from these FMU contracts.
"Surely, we do not want to witness another case of properties owned by the indigenous people being burned such as what had happened in Paitan and Endarassy."
On other developments, Bumburing urged the State Government to provide and implement a policy to protect ancestral land or those claimed by the local people under native customary rights from being taken away by the FMU concessionaires.
He said the Government should take serious note of the plight of the Marudu folks as highlighted in the Daily Express on Sept 9.
He claimed to have spoken to the leader of the group who opposed the move by Safoda to give the land to a company.
Bumburing said he would be visiting the affected areas in Marudu to seek first hand information from the people concerning their problem.
"I want to assure the local community that Upko will highlight their problem to the highest authority. I will also write a letter to the relevant government department to seek a positive solution to their problem," he said

BN Must Be Brave To Make Changes

Barisan Nasional (BN) must be brave to make comprehensive changes from the top down to the grassroots level in line with the aspiration of the people, said Tuaran MP Datuk Wilfred Bumburing.
"The leadership of the BN must be prepared to take into consideration the people's voice," said Bumburing, who is also Deputy President of the United Pasok Momogun Kadazandusun Murut Organisation (Upko).
"We want all the communities in Malaysia to have equal rights as citizens," he said. According to him, they also suggested to the Prime Minister that all the oil and gas produced in Sabah waters be processed right here in the State just like what is being done in Sarawak.
Thanking the voters in Tuaran for returning the BN in the recent election, Bumburing said it was important for the BN to reciprocate by working hard for the people.
"To win an election is not easy, so we must work extra hard," he said.
Citing the election results of his constituency where he garnered over 17,000 votes and the opposition over 11,000 votes, he said this should serve as a lesson to all. "We must be transparent and unity as well as cooperation among the BN component parties is of the essence," he said.
Bumburing said he would also like to see the BN Tuaran meet more often in order to solve more problems faced by the constituents.
"We should invite government department representatives and have dialogues with them so that all problems can be resolved quickly," he said, adding he would voice out the people's needs without fear or favour in Parliament.
When met later, Bumburing said he was made to understand that even though the Prime Minister had indicated the Federal Government wanted to review the relevancy of the State Federal Development Department (JPPS) there were some issues that needed to be addressed as well.
"I was made to understand that the Prime Minister has instructed two Federal agencies to conduct studies on whether the JPPS should be abolished," he said.
"What the Government wants is no overlapping of function," he said

Find Solutions To Sulu Claims Says Bumburing

The Federal Government must find a definite solution to the Sulu claims over Sabah even if it means bringing it to the International Court of Justice, said Tamparuli MP Datuk Wilfred Bumburing.
He said the answer to his question on Feb 23 for the reason the Malaysian Government continues paying RM5,300 annually to the Sulu Sultanate heirs was that it was a cession money based on the agreement between the British East India Company and Sulu Sultan in 1878.
It was also based on the 1939 McKaskie Judgement in the North Borneo Court, he said in his debate on the motion of thanks to the Yang di-Pertuan Agong's policy speech in Parliament here.
However, Bumburing asked the relevance between the 1878 agreement and formation of the Federation of Malaysia in 1963.
"Is it a kind of lease? Is this a recognised lease and inherited by Malaysia?
The answer given to me is that the (McKaskie) judgement was purely civil and has no effect on the sovereignty of Sabah in the Federation," he said.
But, he said, if the Government continues to pay the so-called annual cession money of RM5,300, Sabah's total sovereignty in Malaysia is still questionable.
He said the Sulu Sultanate heirs are still claiming Sabah and now they had issued birth certificates to their people in Sabah, while a Home Ministry-approved newspaper in Tausug language is also in publication in Sabah.
"We want a definite solution to this matter. If necessary, bring it up to the International Court of Justice.
"Sabahans together with the Sarawakians have decided in 1963 to form the Federation of Malaysia and, therefore, no quarters from outside the country can deny this," he said.
He said Malaysians in Sabah would fight for the sovereignty till the end and that they were fortunate to have made the right decision to be together in Malaysia.
Bumburing also said the issue of social contract was not really relevant to the people of Sabah and Sarawak but rather the Malaysia Agreement, which was the basis for the formation of Malaysia.
He said after 50 years of independence, the leaders should be basing the discussion on the people's problem in the whole country and not only focusing on Peninsular Malaysia.
"Sometimes we in Sabah and Sarawak feel like we are merely audiences watching operas being acted out by the races in Peninsular Malaysia," he said, adding that misleading statements like "in all Malaysia, including Sabah and Sarawak" was always being used.
"That is why we cannot be blamed when MPs from Sabah and Sarawak sometimes are too vociferous in voicing out problems from Sabah and Sarawak," he said.
In another note, Bumburing urged the relevant authorities, particularly the police, to leave no stone unturned in the investigation of the land dispute in Tingkayu, Kunak that saw one man being murdered and claims of illegal immigrants being involved.
He also appealed to the Education Ministry to fulfil its promise to build a secondary school in Pekan Nabalu as they was talk that the site had been shifted elsewhere due to the unstable land in Nabalu.