By : CHRISTINA LIEW
THE PROBLEMS faced by a 400 smallholders over a 6,000 acres of oil palm camp in Kg Sungai Koyah is such a comfortless which requires intervention of a top authority in sequence to resolve a issues.
Saddi Abdul Rahman from Sukau is presently perplexing his luck in a state assembly to get this prolonged standing problems resolved. you wish him luck though you additionally have an additional facet of a 'story' to what was reported in a news.
Another organisation of a settlers represented by Billy Chong (left) initial raised this complaint to me in 2007. you visited a ACLR bureau in Kinabatangan rught divided as well as met with a Assistant District Officer. His reply was "parties contingency concede over a dispute". There was no formula from him how to concede upon a brawl given you met as well as nor any reply to my inquiries.
Basically, before to 1993, a organisation of 300-400 settlers (we referred them as Group A) were asked to move in to a Kg Sungai Koyah area ('the area') by a thenZaki garbage bin Gusmiah of Sukau as well as a JKKK during PBS era. This organisation A settlers were identified as a landless organisation of people. They were allocated in to a areas which were pre-surveyed fifteen acres per lot per family.
All people in Groups A settlers had submitted their Land Application to a applicable authorities for titles to their tract of land.
Sometime in 1995, a afterwards ! District Officier (DO) of Kinabatangaan sensitive a settlers which they contingency open up a jungle, favour as well as rise their lots before titles would be released to them. With which encouragement, all people in a organisation A settlers proposed to rise their plots of land in a area they occupied.
This Group A settlers cultivated as well as grown a lots in to oil palm plantation. Up to today, they have been still in function of their lots, residing, maintaining as well as harvesting fruits. Meantime, they have been all a time checking with a applicable authorities about a standing of their LA though though any answer.
Sometime in 1998, a organisation A settlers were shocked to find which a same area of land was practical by an additional Group of people (we referred them as Group B) as well as titles were released to a Group B field even though a Group A practical progressing as well as had settled in a same area of land.
The Group B field were not involved in a civilised world as well as growth of a lots of lands as a Group A settlers. Yet titles were released in their names.
The Group A settlers cannot understand why their applications for a lots they practical given 1993 (almost twenty years ago) were given divided to an additional Group of Applicants (Group B) though their knowledge; as well as compartment today no a single from a Group B came forward to plead with a Group A settlers over a doubtful lots.
The Group A settlers were some-more astounded which a Group B who purportedly had a titles have been now claiming "loss of right as well as interest" in their lots to a JV company, who had deceived them in a JV understanding they entered with.
The issues now faced by a Group A settlers are:
1. While they were adviced by a afterwards YB, JKKK as well as DO to transparent a ju! ngle, cu ltivated as well as developd a area in to oil palm plantation, submitted their application twenty years ago, how come titles were released to an additional Group (Group B) who practical later ?
2. They had been checking with a ACLR Kinabatangaan diligently upon a standing of their application though no a single was means to endorse a standing of their application afterwards all of a remarkable their applications were superseded by an additional organisation (group B). They paid fees when they lodged their application as well as surely there have been annals upon their application?
3. At a single stroke, a organisation B obtained titles to a land in a area grown by a Group A settlers though their knowledge. While they have been still in function of their lots of land; residing, maintenaning as well as taking caring of a plantation. They have annals to uncover as early as twenty years ago, they labored in opening up a jungle in their tract of land as well as rise in to oil palm plantations. They have documents as well as vouchers to uncover they were asked to growth by a JKKK as well as a authority concerned.
4. The Group A settlers have been a real victims in this problems, it is not a triangle complaint with 3 organisation of parties as purported by YB Siddi. The Group A is certainly not a trespassers. They toiled as well as sweat to open up a jungles, grown their lands as well as many staying in a lots they called homes for twenty years as well as unexpected a new organisation claims titles to their lots, as well as a association claims to be a legitimate owners now
The complaint arises when a applicable authorities do not take a livelihood of a poor people seriously. Some of them have been depending upon a small fifteen acres of land as their usually source of income. Administrative wise, how did it happen in this circumstance?
There contin! gency be a better complement in a acceptance of a LA from people as well as in a processing of a application sincerely as well as properly with transparency to avoid discrepancy in future.
you call upon Saddi to conduct a consummate investigation upon a tangible incident upon a belligerent as well as to solve a problems amicably with smallest injury to a affected parties; a Group A settlers as well as a Group B who claimed to have mislaid their rights in their land understanding with a company.
The CM's proposal to emanate a Communal pretension to a Kg Koyah land complaint is inadequate. In this case, a Group A settlers' rights have been not stable although they were initial asked by a supervision to move in as well as solve in a area. They mislaid their 'rights' when Group B obtained a titles to their lots of lands even though they (group A) practical earlier.
you propose which a a Native Land Dispute Resolution Tribunal or Center to be set up a soon as possible to resolve this prolonged owing complaint of Kg Sungai Koyah as well as all Native Title land disputes; including though not tying a NCR issues, a smallholders schemes as well as a Communal pretension lands.
The members of a Native Land Tribunal or Center should embody independent physique such as SLA, judicial people appointed by a CJ of Borneo, Land officer, DO of a district concerned, Suhakam as well as any alternative persons who may assist to resolve a problems. Later on, a Tribunal or Center can be towering in to proper Native Land Court.
In countries such as Australia as well as USA, is is a usual practice for a Dispute Resolution Center to provide services in resolving disputes as well as problems arising from land issues. Parties who have been involved in a disputes have been in a know of what's starting upon with their land.
Given a volume of land dispu! tes conc erning NT as well as NCR land, it is time you set up such a land brawl judiciary or core for a good of a parties especially a villagers concerned.
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