Hornbill Unleashed

October 31, 2013

Sarawak legal consultant misled the UN, says PKR

NONEDukau Papau

Sarawak Parti Keadilan Rakyat claimed today that state legal consultant JC Fong, who represented the state at the Universal Periodic Review (UPR) on human rights in general last week, had misled the UN on the status of native customary rights (NCR) land and issues related to it.

“It is embarrassing to Sarawak and the country and as such, Fong should be removed as the state consultant,” Sarawak PKR chairperson Baru Bian said.

“If Fong’s statement is accurate as reported, I am appalled at his blatant attempt to mislead the UN on the situation our indigenous people are facing in Sarawak.


“He tried to paint a pretty picture of a caring and responsible government putting the rights of the indigenous people above other concerns,. That could not be further from the truth,” said Baru (left), a lawyer who handles NCR issues.

“Why did Fong not mention the many court cases brought against the government?” the Ba’Kelalan assemblyperson asked at a media conference.

Baru’s legal firm has filed more than 200 NCR land claims against the government, not to mention other cases by other legal firms.

‘State repeatedly showing contempt of court decisions’

Fong boasted before the United Nations UPR session that the Sarawak government “recognised and protected indigenous people’s rights over land” and recognised their customs and practices.

“What he failed to say that is that the current government refuses to abide by the ruling of the highest court in this country on the definition of native customary rights.

“However, the state is repeatedly showing its ‘contempt’ of the courts’ ruling by continuing to issue provisional leases and timber licences over such lands and appealing judgments that favour native landowners,” Bian said.

NONE“So far the natives have won 17 cases against the government and by appealing and refusing to recognise the definition of NCR land by the court, it is obvious that Fong has committed contempt of court as well as anti-native customary rights of the natives.

“And by appealing against the court decisions in two cases, he is wasting the taxpayers’ money, and therefore I agree that the state should remove him as the state legal consultant,” Baru said.

In these two cases, Fong did not inform the UN’s UPR that the government is still doing all it can to restrict the claims of the indigenous people.

“Instead he intentionally misled the UN by his rapturous rhapsody on the rosy life of the displaced natives of the land, that they have been overwhelmingly compensated and their lives uplifted by the ‘caring government,” Baru said.

“This farce of whitewashing the government’s poor treatment of the indigenous people serves no purpose except that of self-deception, which is now becoming so commonplace with the government of this state and country.”




  1. The richest state attorney general who had been rewarded with many directorships and state land including the state land near MBKS swimming pool.

    Comment by Special Branch — October 31, 2013 @ 8:31 PM | Reply

  2. Wasn’t he one of those who drafted the amendment to the land code on NCR Lands? If he was then it is no surprise that he painted a good picture to UN to cover his wrong doings and sins against the natives. What he and his accomplish did has harmed the natives immensely. He is not a native so he doesn’t feel the pain of being one who has to go through displacement, poverty, forced settlements, destroyed longhouses, flooded ancestral graveyards, drinking contaminated river waters, facing hunger and a future dependent on hand outs!


    Comment by brian — October 31, 2013 @ 10:00 AM | Reply

  3. It’s a prejudice/”disease” malignant against natives. Normally, it is “curable” by removing the “lump”. In the case Sarawak’s natives metastasis has set in through the networks of government’s lympathic system.

    Comment by Edward, M — October 31, 2013 @ 9:16 AM | Reply

RSS feed for comments on this post. TrackBack URI

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Create a free website or blog at WordPress.com.

%d bloggers like this: