Full recognition for Native Customary Land Rights now!

By See Chee How

Reported in a local Chinese daily today, a disgusted farmer from one of the Batang Ai resettlement schemes approached the reporters to complain that they people have been short charged and mistreated by the state government for the past 20 over years.

It is a slap on the face for Land Development Minister Dato Sri Dr James Masing who barely a few days ago refuted claims that the state government had ridden roughshod over the people in its programme to build hydroelectric dams (Claims people mistreated false: Masing http://www.theborneopost.com/?p=49313).

The farmer approached the reporters in Lubok Antu Bazaar yesterday and explained that when he was resettled in the scheme in 1982, he was promised 11 acres of farming land: 5 acres in oil palm plantation, 3 acres for planting rubber, 2 acres for rice and an acre for planting vegetables and fruit trees.

“Until today, no land was alienated to us for farming purposes. We have just been told that the state authority is contemplating paying us RM2,000 for each acre of the land promised earlier. But land in the vicinity is worth no less than RM13,000 per acre!”

The aged farmer declared his support for PKR, claiming that the opposition party is their hope to regain what they deserved from their native customary rights (NCR) land.

Indeed, the Sarawak state government is consistent in rejecting the NCR land claims throughout the state. In the eyes of the state government, giving titles to all NCR landowners would be a massive exercise that would result in the land not developed to benefit the landowners. (Giving titles to all NCL owners not possible: Naroden http://www.theborneopost.com/?p=47560)

Insulting the intelligence of the rural landowners, the Lubok Antu Member of Parliament William Nyallau Badak said native customary land (NCL) should remain as such so that they can be best protected by the government. He said if the NCL are delineated, surveyed and issued titles, chances are high that their registered owners, mostly Ibans, will sell them off to the non-Bumiputeras later on. (NCL can be best protected by government, says Nyallau http://www.theborneopost.com/?p=48195)

Who could know better than the native land owners to protect their NCL? If the Land Development Minister Dato Sri Dr James Masing is truthful that the government had sought the assistance of Australian experts in planning for the resettlement schemes, this latest news report in Australia may be a guide to what the Sarawak state government should do to NCR land claims:

Adnyamathanha People win Flinders Ranges native title claim

For original report, please read it at:

http://www.news.com.au/adelaidenow/story/0,22606,25263049-5006301,00.html

Note: Hornbill Unleashed team would like to thank Allan for alerting us to the Australian article.

Article from:  March 30, 2009 01:15pm

TRADITIONAL owners of the Flinders and Gammon ranges have been handed rights over 41,000 square kilometres of land in the state’s biggest ever native title claim.

The Federal Court this morning awarded the Adnyamathanha people non-exclusive rights over a large section of the state’s mid-north.

Recognised native title rights recognised include access to hunt, camp, use natural resources, protect heritage sites, conduct ceremonies and protect heritage sites.

The are subject to applicable laws and the valid rights of existing landholders.

The vast area of land includes the 918 sq km Flinders Ranges National Park.

The tribunal also partially resolved a claim relating to the 367 sq km Angepena pastoral lease contained within the full title.

Federal Attorney-General Robert McClelland said the result was a “significant achievement for all parties”.

“Today’s decision demonstrates a fair, practical and sustainable outcome and demonstrates that native title need not operate as a technical or legal process or an adversarial contest creating winners and losers,” he said.

South Australian Attorney-General Michael Atkinson said the State Government had examined the claimants’ evidence and was satisfied the Adnyamathanha people had a significant attachment to the land.

Exceptions to the claim include areas covered by valid freehold and perpetual leases.

Tribunal deputy president Chris Summer said the handing down of the ruling on Monday was the result of many years of careful negotiation and perseverance by all parties involved.

“The resolution of these applications results in the formal recognition of the Adnyamathanha people’s ancient ties to the land,” he said in a statement released on Monday.

Lodging the initial claim more than a decade ago, the Adnyamathanha will now work with the state government to finalise an indigenous land use agreement for the co-management of the Flinders Ranges National Park.

At the park’s heart is Wilpena Pound, a natural amphitheatre of mountains, and the Iga Warta cultural tourism centre, which is run by the Adnyamathanha.

“The relationships formed throughout the negotiations provide a solid basis for their future together, sharing the care and management of these lands,” Mr Summer said.

The new agreement is expected to give the traditional owners some say in developments, including the planned expansion of the Beverley uranium mine, and give stronger protection to Aboriginal rock art created tens of thousands of years ago.

The claim will go down in the history books as the first native title claim lodged in South Australia and the fourth to be resolved, covering the biggest total determined area to date.

The Adnyamathanha Traditional Lands Association, chaired by Vince Coulthard, will manage the native title rights and interests.

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