 | | Sungei Sekabai woman after demolition |
On January 19, Sarawak’s Land and Survey Department bulldozed most of the Iban village located at Sungei Sekabai (Rumah Luang/ Rumah Nor) in the Sebauh region near Bintulu. A force of up to 70 agents, supported by police, demolished 25 to 39 of the village's 59 homes (reports on the number of houses destroyed differ). State agents announced plans to destroy 21 additional houses on January 23.
The people of Sungei Sekabai, supported by Sarawak indigenous rights organizers, are determined to protect their remaining homes and their customary lands.
The Borneo Project deplores this heartless destruction. We stand in solidarity with the people of Rumah Nor/ Rumah Luang at Sungei Sekabai. We hope that wiser heads and hearts will prevent the ruthless state-sponsored destruction of their remaining homes.
We have received no reports of physical injury to village residents, but of a great deal of mental anguish, and suffering due to displacement. Families are staying with relativfes, but their personal belongings and household goods have been destroyed along with their homes, in the midst of Sarawak’s rainy season.
Michael Mering Jok, President of TAHABAS (Sarawak indigenous rights network), estimates that property damage already inflicted may reach RM 1 million (some US$ 300,000).
Sarawak courts have issued an injunction on continued demolition, and a hearing on the injunction is scheduled for March 15. The village is pursuing a lawsuit demanding that the state recognize the village's native customary rights over their inherited land, and declare Tatau Land's provisional lease null and void.
Background:
Village Head Nor anak Nyawai is among those whose homes were demolished. Nor's lawsuit on behalf of his community against an encroaching timber plantation company, led to a landmark High Court decision in 2001 affirming native customary land rights and territorial domain in Sarawak. In response to a Sarawak state government appeal, in November 2008 Malaysia’s federal court overturned a portion of the state high court’s ruling. However, Baru Bian, the community's lawyer (now also Sarawak head of opposition party PKR, Partei Keadilan Rakyat), insists that the federal court’s limited ruling did not overturn the basic principle of the village’s continuing right to occupy and control its customary territory.
In November 2009 Tatau Land Sdn Bhd, a land development company intending to build a new township, obtained an order from a Bintulu court to evict village residents from not only their forests and farmlands, but also from their houses. There was no trial or hearing prior before the court issued this order, and no official notification to village residents of plans to bulldoze their homes. Tatau Land appears to be a subsidiary of a state-owned investment corporation. It holds a "provisional lease" to the contested land, which the state had originally granted in 2002, without either consent or prior notification of village residents or customary rights land owners.
Check for updates: www.borneoproject.org
From Bintulu Edition, Bintulu.org, 22 January 2010
Original article with pictures is at http://www.bintulu.org/news/2010/01/22/rh-nor-nyawai-to-sue-state-govt-land-survey-a-company.php
Rh. Nor Nyawai to sue state govt, land survey, company after demolition
(photo deleted: Baru Bian flanked by longhouse chief Nor Nyawai and Sekalai)
The folks of Rh. Nor Nyawai have filed court injunction against their eviction order obtained by Tatau Land Sdn. Bhd recently at Bintulu court on Friday.
Lawyer representing Tuai Rumah Nyawai – Baru Bian said, they will also to press charges against the company, government agencies involved in last Tuesday’s demolition exercises.
“Tatau Land Sdn. Bhd do have court order to evict anyone from this area (Rh. Nor Nyawai’s NCR land),” Baru Bian acknowledged during a meeting with his clients at Rh. Nor Nyawai, Bandar Samarakan – about 55km from Bintulu today.
But there was a technical issue in that order Baru said, while refuting claimed by Bintulu Superintendent of Land & Survey that the order had been properly served to them.
“Firstly they should have served the order properly not just a blanket order without people’s name. I have not been given the court order either. ”
“Secondly, we have already appealed against the order, even though there was no stay of execution”
According to Baru Bian – who is also state Parti Keadilan Rakyat chief “even if they are legally right, but they are morally wrong to evict people from their homes in such inhumane manners”.
“How could you dragged an old man – a former Tuai Rumah from his home in order for you to crush his house into piece just like that.”
“Smashed people houses with all their properties, foods inside.” he said.
(photo posted on source website: 'This is no langkau - but a proper house where we had been living for all this while, Seta, who said he had invested thousands of Ringgit to build his house insisted they are not against the government.)
“We are not against the government. But before demolishing our homes they should negotiate properly with us,” said Seta.
He added “It seems that this government only knows how to create problems to the people, but don’t know how to solve them.”
Commenting on involvement of Sarawak Land & Survey department in the demolition exercised Baru said they shouldn’t be there in the first place.
“I heard that they used the ‘word’ Land & Survey to come in and demolished [the place]. If that is true. That is wrong.”
If there are evidences that showed their involvement in last Tuesday’s demolition – we will sue them personally as they have no right to demolish private properties on private land,” Baru Bian stressed.
Nor Nyawai, 70 the longhouse chief they will not rebuild their house but will erected small hut to shelter their possessions.
He also denied media reports of them being offered compensation to move out of the areas.
“That’s a lie as far as I’m concerned,” Tuai Rumah Nor said.
In last Tuesday demolition more than 100 people were made homeless and 39 homes destroyed. A blockade has also been erected to bar entry into the disputed areas.
Longhouse folk up in arms over demolition
By STEPHEN THEN, The Star, Jan 21, 2010
MIRI: More than 100 longhouse folk armed themselves with parang (machetes) and formed a human shield to stop state Land and Survey Department personnel from demolishing their homes.
The face-off came about after the department maintained that the houses, numbering more than 80 in Sebauh in Bintulu Division, were illegally built on state land while the natives argued that they have Native Customary Rights over the land which belonged to them for centuries
Since Monday, the department has destroyed 25 houses and the rest in Sungai Sekabai in the Sebauh sub-district, 250km from here, are on the verge of being bulldozed.
Rumah Nyawai longhouse chief Tuai Rumah Nor Nyawai led more than 100 angry villagers from his settlement Friday to set up a blockade across a road leading into the farmland.
The villagers armed themselves with parang and set up a temporary station on the roadside to man the blockade.
Sarawak Indigenous Natives Land Rights Association (Tahabas) president Michael Jok made an urgent visit to the site with human rights lawyers.
“I appeal to the state government to intervene and stop the demolition work immediately. The natives are desperate and they have said they will not hesitate to use whatever means to stop any further demolition.
“The natives are angry as they have already filed a court case against the department and a private developer who had earmarked the area for development.
“The department should not be demolishing the homes since the case is pending,” he said.
Sarawak Rural Native Women’s Association president Hellan Empaing also called for an immediate halt to the demolition operations.
The Bintulu Land and Survey Department had issued a statement and said the department had received directives to tear down illegal dwellings in the Sebauh and Tatau sub-districts.
Watch a 27 minute video about Rumah Nor’s struggle at http://www.borneoproject.org/article.php?id=628 (English), or http://www.borneoproject.org/article.php?id=698 (Bahasa Malaysia)
Background information on Rumah Nor’s and other Sarawak indigenous communities’ struggles for land rights: www.borneoproject.org/article.php?id=40
Donate to support the struggle for legal recognition of indigenous land rights in at https://www.earthislandprojects.org/borneo/donate.html
For information on the Borneo Project's Legal Aid Fund see http://www.borneoproject.org/article.php?id=686
Press articles about Sungei Sekabai demolition (20 Jan 2009):
The report below is reproduced from a Bintulu area community organization blog.
From http://www.bintulu.org/news/2010/01/20/state-govt-sends-70-strong-demolition-team-to-dismantle-squatter-colonies-at-bandar-samarakan.php
Govt send police, 70-strong team to demolish Bandar Samarahan squatters
A 70-strong demolition team from Bintulu Land and Survey department yesterday managed to dismantle 39 (out of 59) squatter houses in Bandar Samarakan – about 55km from Bintulu after facing fierce resistant from house-owners.
"Our Kobe (excavator) driver was threatened with a knife and we could not proceed with the demolition work", Superintendent of Land and Survey Bintulu, Ajmaen Superi was quoted as saying by Sarawak Update.
Ajmaen said the problem could be prevented had Baru Bian - lawyer representing the squatters informed his clients about the court decision as many were claiming they were not in the know of the court eviction notice. (Photo not reproduced here)
The Land and Survey demolition team
He said police confiscated several home made rifles apart from dangerous weapon used to intimidate enforcement officials from carrying out their duty.
Later, negotiation between the affected residents and officials arrived at an agreement that all the remaining 21 units would be given three days notice.
A visit to the location today saw several Civil Defense department personnel manning the entrance to the squatters area and outsiders were barred from entering or taking photos of the place.
Attempted to speak to the squatters were also unsuccessful as they were reluctant to speak to media. We understand several of them made homeless by yesterday demolition were staying with friends and relatives at nearby longhouses.
Bahasa Malaysia report with link below appeared in the pro-government Sarawak Update news website.
From “Sarawak Update”: http://sarawakupdate.com/news/breaking-news/penduduk-ancam-jts-laksana-perintah-mahkama/
Wednesday, January 20th, 2010
Penduduk ancam JTS laksana perintah mahkamah
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