I. INTRODUCTION
1. ADAT
1.2 Majlis Adat Istiadat
Majlis Adat Istiadat must be given all the necessary power jurisdictions and support in the administration of the native Adat. The Majlis Adat Istiadat shall be a independent body so far as the native adat is concerned.
The members of the Majlis Adat Istiadat shall include experts on the Adat of the native and Community Elders of each native community who are well verse in their respective Adat. As and when necessary, non member may also be call to assist and give opinions and advise on the various adat of the native communities.
1.2 The Various Native Adat.
All native community shall he at liberty to choose whether to document or not its respective adapt. All necessary support whether in the form of expertise or fund shall be made to support any such effort.
1.3. Non Codification
Any adat that has not included in the written adat shall not be deemed to have been excluded from the body of the adat of the community concerned.
2. THE PEOPLE
2.1 Members Who Form the Dayak Nation
All natives listed in schedule to Section 3 of the Interpretation Ordinance and Article 161A(7) Federal Constitution.
2.2 Interpretation of the word “Dayak”
Discourse.
Deleting of the word “Dayak” from the law- Interpretation Ordinance.
Dayaks community has always felt that their community has always been systematically broken down, divided and dismembered in all possible ways to prevent them from rising up and be counted worthy of respect and recognition to contribute to nation building.
The deletion of the word ‘Dayaks’ from the definition of native and replaced with Iban is a slap in the face because of their impotence to do anything legitimate within the framework of a nation. In spite of the many Dayak legislative members, they are placed in their position not based on merit but simply on the choice of the political master.
It is any wonder even the Majlis Adat Istiadat who is the Council for native customs needs sanction of the Attorney General and has nothing to do with the role of the Council, before deciding upon any aspects of the native customs. This only shows that Dayak community is being controlled strictly within the permit of certain authorities.
3. LEADERSHIP
3.1. Community Leaders.
Discourse.
Tuai Rumah, Penghulu, Pemanca, Temenggong use to be appointed to their post based upon the people consensus. They used to be well respected.
Now, they are politically appointed to serve and advance political agenda of those in power and political. This has caused them to be beholden to the powers that appointed them. Now they duties are redefined from being leaders of the community who speak for the community to being government information agency. The complaints from the community that are not favorable or against the interest of the political power are either not entertained or do not get to the intended receiver [authority]. As such, their grievances do not get any attention.
Another aspect of the leadership is the dispensation of justice according to the customs of the respective tribes. But because of the appointment arbitrary in nature, those who do not deserve to be appointed, unqualified in terms of the native customs also get to be appointed. As long as they are align to the ruling political party, then it is easy for them to lobby for the appointment. It then makes the community leadership converted into just a mere vocation instead of being a leader in the actual sense.
Another aspect of community leadership which needs addressed is the lack of political education. Community leaders don’t understand the link between the land grabbing and political power. They still believe the government is still good in spite of the grabbing, evictions and persecution.
REMEDY
Revert to the original method of appointment of community leaders which is custom base. As each community has its own practice of appointment of community leader, the community concerned must be allowed to practice is own custom when it comes to appointment of its own leader.
3.2. Political Leaders.
Discourse.
Many people covet the post of a YB as a platform for business opportunity. They lobby to become candidates during election times and promising the appointer that they will be good boys during their tenure in exchange for business. This is pure money politics but who cares.
So Sarawak’s politics is a business commodity for trading. This speaks volume of the wheeling and dealing among politicians and businessmen. The political culture is that during elections times, businessmen will take care of the finance of the candidate. When election is over, the successful candidate is then expected to repay the businessmen for their ‘election loans’. The magnitude of this common practice that Sarawak politicians are divided among the business tycoons during the election times. These tycoons will collect their bounty when it comes to appointment of licensees for timber over the respective areas of the YBs.
REMEDY
In order for all the Parliamentarians and State Assemblyman to behave themselves and focus only on their role as legislatures, they must be barred from getting involved in business whether directly or indirectly. Even the practice of having proxies in business dealings is prohibited among legislatures.
3.3. Business Leaders
Discourse.
Due to the close proximity and the inseparable connection between the business and politics businessmen have to align themselves to the ruling party.
In the event that any businessman is found to have supported the opposition in any way whatsoever, he will be victimized. His contract with the government will be terminated. He will be persecuted to the extent that he will be lose and suffer all the way.
In this type of environment, no businessman dares to be seen together or associated with any one outside the ruling party’s circle.
REMEDY
Businessman shall not be allowed to be associated with legislatures which is the main cause for corruption, briberies and nepotisme.
3.4. Public Service Leaders
Discourse.
Due to the rare existence of any Senior Dayak Public Service executives, there is no one from the Dayak community who is able to lead the Dayak community into public service. Participation of the Dayak community in the public service is very limited because of lack of any Dayak leaders in public service.
REMEDY
More effort must be used to increase the number of senior public service executives.
4. ECONOMY
4.1. Urban Dayaks.
Discourse.
Urban Dayaks are mostly in the employment sector either public or private sector. Those in the professional fields are still very small and still minority compare to the other races. Those involved in business are mainly contractors depending on government contracts.
4.2. Government Policy.
Discourse.
Government policy to maintain Dayaks only in the workforce but not in the business community.
4.3. No affirmative actions to assist the Dayaks.
Discourse.
Lack participation of the Dayak in economic activities does not receive any attention from any one. Dayaks are left to fend for themselves. Many of the so-called government facilities sometimes gives false hopes because of the stringent rules and conditions as well as lack of information.
4.4. Financial Institution
Discourse.
The stringent conditions by financial institutions are hindrances to the Dayak to enter business ventures.
Financial system weakens the Dayak community that it looks down on the Dayak economic soundness.
4.5. Economic Participation.
Discourse.
Dayaks non economic participants for the last 45 years.
4.6. Privileges to the Bumiputera Community
Discourse.
Privileges including NEP for the Bumiputera community are not extended to the Dayaks of Sarawak. The Dayaks are left to fend for themselves.
5. LAND
5.1 Authorities’ Indiscriminate Native Land Grabbing.
Discourse
This is the chunk of the Dayak problems. Large tracts of Native customary rights lands owns by Dayaks have been and are being taken by the government and allocated to big companies to be developed into oil palm plantation and tree planting forests.
The state also takes away Dayak land for dams and many more are coming – 12 in current plan.
But all in all there are 52 sites that have been identified suitable for development of hydro electric power dams.
REMEDY
a. NATIVE LAND COMMISSION
Native Land Commission to be set up for the following purpose:-
i. To investigate all complaints, any abuse and malpractices by the government under BN and its partners in issuing land titles, provisional leases, Timber licence, Licence to Plant Forest involving or affecting native customary rights lands whether communal or other wise.
ii. Upon establishment of proof of the complaint the Commission shall be duly empowered to excise out the native customary rights land out and to issue either a perimeter title of individual title as the case may be.
iii. All lands acquired by the state government for dam purposes but are not used or affected or inundated shall be returned back to the land owners for their own purposes and they are free to occupy it as they may wish.
b. NATIVE LAND COUNCIL
A body established to oversee the administration of native customary rights lands.
To administer Native customary rights lands.
To prepare and enforce policy of native customary rights land development
5.2 Untitled NCR Lands
Discourse.
Previously, titles to native lands are issued pursuant to a settlement exercise. The settlement exercise is normally carried when an area is declared as Native Area Land. Titles to native lands are issued within this area under section 18 of the Land Code. However, the present government policy that there shall be no more settlement exercise because that would mean there will be no land remaining for oil palm and tree planting scheme. So the government has stopped issuing pout land titles to native lands.
No collaterals for funds and loans.
Majority of native lands are untitled lands. Therefore the native lands have no market value and significance. The lands could not be valued for any form of investments. At the same time they have no market significance. This is because they cannot be used in any commercial dealings. Apart from the restriction on sale even between natives based on false premise that sales of native lands not allowed under the Dayak customs.
Not only are the natives deprive of opportunities to develop their lands though joint-ventures or partnership, they are also unable to fully develop their lands themselves. This is because without any land titles and in the absence of the much needed capital, they are unable to raise the needed funds to develop their lands. The absence of title is a hindrance to the native land to be developed. This is a basic need of the Dayaks- to have their land issued with title so that they can develop their lands.
Disadvantage of Open Dealings in NCR lands.
One main reason used by political leaders for not issuing land titles to Dayaks is the risk of the Dayak selling away their land to non Dayaks and therefore losing out their lands. But this is a mere front to the sinister motive of keeping the Dayaks poor. It doesn’t matter whether they sell their lands, as who does not sell their lands for economic reasons? Everyone does. Nevertheless the owner will still benefit because the income derive from the sale will go to improve his well being. He may need to sell some of his lands to raise capital to start business. This is a normal economic practice. However, above all these, if dealings in native land really need to be restricted to maintain the lands within the native economy, then the usual condition of prohibiting sale to non native is always available.
The moral of the story is that, the main reason for not issuing land titles to native lands is to keep the native within the poverty cycle so that they remain dependent on the government handouts and therefore loyal voters for the ruling party. The hidden fear of the ruling party if Dayak voters break out of the poverty cycle is that they no longer depend of the ruling party and therefore under no obligation to vote for them come election time.
This is a major grievance of the Dayak community. The other communities will always get their titles due to them. But when it comes to a Dayak land, all sorts of excuses are being used to avoid giving him titles to his native lands.
REMEDY
Native Land Titles
Issue Document of Titles shall be issued over native Customary Rights lands
Conditions
i. perpetual
ii. rental shall be minimal so as to avoid burden on the landowners that may cause the loss of land rights PROVIDED THAY no land shall be forfeited on the account of non payment of quit rent.
iii.
5.3 Restrictions on Dealings In Native Customary rights Lands:-
i. Dealings involving sale and transfer of native customary rights lands is only limited among natives. However, a native is only allowed to purchase only a limited area of native customary rights land unless consent has been obtained from the Native Land Council.
ii. NCR lands may be developed on a joint venture basis with non native upon the conditions that there shall be no transfer of the rights, interests, shares and or title to the non natives.
iii. All dealings in native customary rights lands must be registered with the Native Land Council
5.4 Survey of NCR land.
Discourse.
Not only are the native land are not surveyed, they also cannot be surveyed due to legislative restriction. The Land Survey Ordinance makes it a criminal offence for anyone to survey lands without permit from the Land Survey Board thus make it even more difficult for natives to survey their native lands.
As most Dayaks can’t afford the high bills from the professional surveyors all that they can afford is survey their lands using community surveyors which is now very popular among the natives. As this is the only affordable option to them, they normally get themselves trained how to use the GPS instrument which is easily available in the market. NGOs have been playing a positive role in training communities to survey their own lands using the GPS instruments.
After the case of Nor Ak Nyawai & Ors V Borneo Pulp And Paper Sdn Bhd & 2 Ors, the government rushed through the Land Surveyors’ Bills to incriminate survey by non certified surveyors. But it is very obvious that the bill was enacted to prevent community surveyors.
This adds to the misery of the Dayak community. On top of their inability to afford certified surveyors, whatever is there remaining as their next option is also being taken away.
The communal native customary rights lands shall be surveyed and issued with a communal native customary rights land Issue Document of Title.
Individual native customary Rights Lands shall be surveyed and issued with native customary rights land Issue Document of Titles.
All Issue Document of Titles over communal and individual native customary rights lands shall be registered with the Native Land Council Registry.
The owners of native customary rights lands shall be at liberty to employ and engage qualified licence surveyors or any community surveyors who has the necessary knowledge to conduct such survey. No permission is required for the survey of native customary rights lands. All that is required is that the survey shall be registered with the Native Land Council Registry.
5.5 Forest Within the Native Customary Rights Lands.
Discourse.
The natives are only watching helplessly the timber companies plundering their timber wealth found on their native customary rights lands. They can’t do much because the companies have the entire government machinery to support them against the natives in the event of conflicts between them and the natives.
The police are always siding with the companies the event of conflicts. The natives who lodge reports of abuse and trespass on their lands are either turn away from the police station or no action at all is taken by the police.
On the other hand, when the companies make police reports, most of the time, false reports of purported criminal intimidation, the police spring into action instantaneously and arrest anyone mentioned in the report. This is a common tactic used by timber companies and oil palm companies to subdue and any resistance from the natives. This has become so common that the natives are reluctant to lodge police reports against companies encroaching their lands because they are well aware that the lodging of police reports does not make any difference at all. In short the people do not trust the police and the government authorities.
The Forest Department and the Land & Survey Department are equally unhelpful to the natives. They view the relevant government departments as only serving the companies and the government but not the people.
To compound the natives’ miseries, most of the time, the people who are being used as front men to subdue and subjugate the natives in collusion with the government departments are shadowy figures from the underworld. The climax of this modus operandi is the Batu Niah murder incident where the developer. It is also normal for a government department being used by a private company to enforce a civil claim in the event of dispute with the natives. The Police, Land & Survey Department, and the Forestry Department are the usual enforcement offices used to enforce claims over NCR lands. The shooting of the villagers at a Tinjar oil palm estate is an example of many such cases.
All forest and or timber found on native customary rights lands shall belong to the landowners who shall be authorized to cut, sell and trade in the forest produce or timber in accordance to the regulations established by the Native Land Council. In addition to that, permit from the Forest Department may be required for the purpose of facilitating the transaction with no restriction. There shall only be minimal administrative fees.
5.6 Development of Batang Ai and Bakun Hydro Electric Power dams did not benefit the Dayaks.
Discourse.
These two giant projects were mooted primarily for the purpose of producing electric power for the People of Sarawak and Malaysia at large. Nevertheless, it is a form of development meant to create and uplift the living standard of the natives who are affected in one way or the other. In other words, the natives must be improved and from the previous living standard before the projects were started within the area.
So far, the first dam – Batang Ai has nothing to show to the world that the project has increased the living standard of the people affected. Whatever happened to them generally, there is no testimony to show that the natives who were affected by the project have now wealthy people.
To the contrary, they might be worst off than their life before the dams were even completed.
The living standard of the Dayaks affected by the dams must be improved and uplifted from the profit derived from the dams. Water and electricity supply to the whole community affected must be given free of charged or at least paid by the entity who manages the dams.
All lands acquired for the dam that are not utilised must be returned back to the natives. They must be allowed to make their own free prior and informed decision where to settle down.
There must be a minimum housing or dwelling standard to be constructed for the people affected by the dams.
Any future dams to be constructed must be carried out in a transparent manner with due respect to be given to the community that is going to be affected. Free prior and informed consent of the affected community must be obtained before the project is commenced.
5.7 Depopulation of the Dayak lands.
Discourse.
The massive so called ‘development projects’ are causing a mass dislocation of the native from their traditional ancestral lands. The Batang Ai and Bakun Dam has dislocated thousands of natives from their lands. The compensation paid to them are not only insufficient but also does not improve their livelihoods. The developments brought to them are pushing them into poverty. They are located on small plots of lands which does not support the native traditional way of life.
The natives by the very nature of their customs require communal and individual land rights. The individual lands are for the members of the longhouse to support their respective families. The communal land is for the communities use as land bank and also for hunting, fishing and foraging. When the so-called developments are brought to / push on the natives the first to go is the communal lands. This aspect of native life cannot be overstated because it is so important but always overlook by the state.
The natives who are accustomed to their traditional lifestyle of having communal land and forests are suddenly suffering from cultural shock. They have never experienced the cash crop economy for them to transform into a cash economy. They may still learn to plant cash crops but the cash economy is more than planting crops. The whole lifestyle has to be changed. The people’s diet may have to be changed. Their expenses and everything has to be changed. Unfortunately, the natives are not ready for this.
The native customary rights lands and ancestral domains of the Dayak communities through out Sarawak must be returned back to the Dayaks.
Any projects in whatever form they may be that have affected adversely or otherwise the Dayaks and deprived the Dayaks must be returned to the Dayaks.
The foraging lands where the Dayaks have been hunting, fishing and living must be returned the Dayaks. Those hunting, fishing grounds and foraging lands that have been permanently destroyed must compensated adequately.
Ranking of Method of Returning Native Customary Rights Lands Acquired or Taken From the Dayaks.
i. Return of the lands to the Native where the land is still existing in its original form – the lands is still covered with forest both primary and or secondary;
ii. Return of the land if the land is still existing and still can be rehabilitated with forest;
iii. Return of the land even if it is no longer in it original form, if the community is interested or desirous of taking it back but must be together with compensation for the loss or injury suffered by the land;
iv. If the land is no longer existing and can not be returned as it has been converted in a form that can no longer be used and reconverted back to its original nature, there shall be full and complete compensation to the Dayaks and the hunting, fishing and foraging rights of the Dayaks must be duly compensated. Alternatively, the rights interests and shares in the entity who acquired the lands must be returned to the Dayaks.
5.8 Land Related Statutes.
Discourse.
Many amendments are made to laws or being enacted affecting lands such as the Land Code, Forest Ordinance, Nation Park Ordinance, Land Custody Development Ordinance, Biodiversity Ordinance and the most recent Agropolis Ordinance.
However, awareness of their negative effects on native lands are not known among the natives and their representatives. No one speaks for the natives on these laws. Native legislative members are either ignorant or out of fear are silent on these matters. As such, there is no one who stand on behalf of the native community to voice out their concerns on the laws affecting their lands.
Contrary to their duties as people’s representatives, these representatives fit more as mouth piece for their political masters. Instead of speaking for their community they play the reverse role of advising their people to keep quite because their speaking out will stir the wrath of the ultimate power.
At times, the people do pressure their representatives to speak out for them in the Legislature. But the most unexpected response that they get is that, the Legislature is not the right forum to discuss the matters. This has caused the people to be dumbfounded. If the only forum meant for the debates of laws is not the right forum, then where else can they go and complaint? At the same time this only goes to show the haplessness of the Dayak community right their from so-called leaders right down to the poor man in the village.
The conclusion is that the State Legislative Assembly is a mere rubber stamp for the ultimate power. No one dares to speak out for the people.
6. EDUCATION
6.1 The Importance of Education to the Dayaks.
Discourse.
Like any other community, the only way for the Dayak to advance their status in life is through education. The Dayaks for that matter are equally eager to uplift their status and well being by getting the necessary education. As at present, the majority of the Dayak community are rural based and are involved basically in subsistence agriculture.
The only request from the Dayak community is to be given equal opportunity that is available to other Malaysians. The Malays have the attention of the government through the NEP while the Chinese communities with their economic advantage are able to forge through educate their children even without government assistance. But for the Dayak, there is a general feeling of neglect of the community by the government. The Dayak political leaders are more interested in pursuit personal gains and political activities rather than a more genuine and sustained effort to raise the educational level of the Dayak community. The application of NEP which is meant for the Bumiputera on papers is merely giving a false to the Dayaks. At times, NEP works to the disadvantage of the Dayaks because they are minorities and tends to be neglected. At times, their status as bumiputera have been questioned and denied.
6.2 Scholarships.
Discourse.
Allocation of scholarships to Dayak children is seemingly biased against Dayak students. Although the examination results of the Dayak students are as good as the others, they are discriminated when it comes to giving of scholarship. They are not given scholarship although their examinations result may be as good as or even better than the others.
Another aspect of this is that, Dayaks students find it difficult to get scholarship to support them to enter critical fields of studies. Most of the time, the scholarship that are given to the Dayak students are to do less relevant fields like social science, anthropology and teaching. The more highly relevant and critical fields like medicine and other highly prized fields are not promoted among the Dayak children.
The one obvious result of this is high rate of unemployment among Dayak graduates.
6.2 Rural Schools.
Discourse.
Thousands of students in the remote areas. The schools conditions are pathetic. Many cannot go to school. Many are also become school dropouts.
Majority of the Dayak children are still in the rural areas. The economic disadvantages by these children pose a big challenge for the children to access to education. The poverty cycle, the transport problems going to and coming back from schools is a huge challenge nowadays. The incidences involving the Penan children being raped and abused is just a classic example faced by the Dayak children.
6.4 Teachers and Facilities.
Discourse.
Due to their inaccessibility and remoteness, there is an apparent lack of attention given to rural schools. Allocations for the school facilities are also obviously lacking. Apart from that, there is of course the transport problem which hinders communications.
The communication problems and lack of modern facilities discourage teachers from taking up teaching posts in the rural areas. Most of the teachers who brought up and grew up in the towns and cities are not used to rural lifestyle. They are reluctant to teach in the rural areas due to absence of modern facilities.
6.5 Critical, Strategic and Professional Courses in Public Universities.
Discourse.
Due to the many disadvantage facing the Dayak students, most of them relied on public universities to pursue their studies. Those who can afford to enter private colleges and universities are very few due to financial constraints.
When Dayak students enter into public universities they have to compete with other students for placings. When it comes to competition for critical, strategic and professional courses, they usually lose out because of the many disadvantages that they faced.
As such there is a need demand for seats for critical, strategic and professional courses in public universities to be reserved for Dayak students.
6.6 Career Guidance.
Discourse.
This is an obvious shortcoming faced Dayak Children. There is total absence of any body or organization set up purposely to give career guidance to Dayaks Children. As such, they are aware of the many choices available to them when choosing fields of studies in universities.
7. DEVELOPMENT
7.1. Weaknesses
Discourse.
Rural areas in Sarawak particularly within the Dayak areas are very much neglected from real development. The so-called development targeted into Dayak areas are mostly exploitation of natural resources such as timber concessions plantation lands. These developments are not development at all because they are only exploitations of resources while the economic well-being of the Dayak are still not improved. The alleged development through employments are does not at all uplift the economic well-being of the natives.
Those who truly benefit from the so-called developments are the cronies businesses. The native who are the real land owners are only bystanders who just witness how their resources and being taken right from under their nose.
7.2. Peoples’ Development.
Discourse.
The basic facilities must first be provided to stimulate development within the native communities. We just cannot blame the native for reluctance to join the mainstream development when there is no genuine and sincere effort by the government to develop the natives.
All development which involved in taking away people’s rights and lands must be carried out in partnership with the people concerned and they must also benefit directly from the development.
Strategies must be developed on how to include the local people in carrying out the development according to justice and fairness. Bakun HEP and Batang Ai HEP project must benefit the people economically because the people’s main economic livelihood, namely, their lands have been taken and used in the development. On that basis any development on their lands must bring returns to the local people. The electricity, water, communication system and road service must be provided on a top class basis together with company shares allocated to the natives free of any payment. The representatives of the native must also be appointed as directors in the company that owns the project to represent the natives’ interests. All the other development must adopt the same approach to enable the native community to breakout of the poverty cycle.
Above all else, the natives consent must be based on free, prior and informed consent. This is the ultimate rule for any development to native lands. NO abuse is in any way allowed. NO company, people, organization or whosoever is allowed to abuse such a trust on development on native lands. NO repetition of the BN government existing approach. The present approach must be scrapped off. The LCDA ordinance which is the evil instrument used in manipulating the Dayaks must be repealed immediately.
“Politics of Development” to be replaced with People’s Development. The development of Sarawak through the politics of development must be stopped. Only Development to benefit the people and the state are allowed.
The meaning of the word “public purpose” under section 46 of the Land Code must be amended to limit it to only genuine public purpose and does not include those purposes which enriched certain section of the society only.
Land rights of the Asap people at home in the previous villages. The status of the land at home in their old tembawai. The promise to return their former land rights to the natives once we take over government.
7.3. Infrastructure, Transport & Communication System
Discourse.
The first and foremost is the construction of roads to service the rural areas. Since the villagers are generally located along the banks of the major rivers the coastal roads which presently connect all the major towns along the coast needs to be connected the rural hinterlands by way of roads instead of the all mode of transport, namely, by river.
These networks of roads are to be constructed parallel to the all major river systems in Sarawak to provide connectivity to all the villagers along the river banks. This will ensure that the rural populations are not only served with efficient, cheap and fast transport system it will also enable the rural people to contribute to the economy of the state. This is because through the road connection the rural population which constitutes a large section of the state population can contribute and participate in the economy of the state.
The mobility of the rural population not only provides market but also become part of the engine of growth. The rural population can also contribute products like agricultural products, jungle products and others.
Electricity and Clean Water utilities must also be provided to all native villagers in a proper and systematic manner.
7.4. Land Titles
Discourse.
To further enhance the economy of the rural people. Land titles must be issued to the individuals and communal lands of the natives. The communal title is important to ensure certainty in the communal areas and to prevent intrusion from outsiders. This will further ensure the Dayak concept of pemakai remains useful so that the natives are not impoverished in their own land,
The individual titles are also important to enable the members of the community to utilize their lands for economic purposes. Their either raise loans on their native lands, they also can rent it out, sell it and utilized it to enhance their livelihoods.
7.5. Equity in NCR Land Development.
Discourse.
70% - 30 % ratio equity in development of NCR land is unjust and without any basis.
8. CIVIL SERVICE
8.1 The Service of the Civil Service.
Discourse.
The reminiscence of the colonial times and even the Rajah Brooke’s times by the old folks bring good memories to them. Those times, the civil service was a truly civil service. It served the civil society. Times have change. Today’s service is no longer a civil service. It has now become a truly administrative service. It focuses its service on administration so much so that is civil service aspect is neglected. The result of this is that, the administrative service is becoming unfriendly to the people. So people who are not familiar with the procedures are caught up in administrative red tapes. Procedures has become the rule of the day that anyone who does not comply with the rules are not entertained, ignored, avoided and finally caught and punished.
The national registration department is a good example. The sit in the office expecting everyone within the community will come and register birth, death and identity cards from them. To them that’s the rule. On that assumption, anyone who does not have birth certificate and identity card is not a Malaysian. But this fact does not take into account of the rural people who may never have come down to town for whatever reason, and have never known about these administrative papers.
Today, we still have many natives without birth certificates and identity cards. Many at times children without identity cards are not able to continue their studies in spite of being bright in schools. Gone are the futures of these children. This is not an isolated affair but is a well-known matter but no one takes responsibility. Everyone is right in this matter but no one takes responsibility. Everyone starts to blame each other for not carrying out their duties. Politicians came in once in awhile when they see an opportunity for publicity.
The section of the community that is worst affected is the rural people who are uneducated and poor. They can’t afford the luxury to go to town every now and then to meet all the requirements of the state administration. Unlike before, the mobile birth registrars are no longer available. Officers sit down in their cozy air-conditioned offices and wait for the people to come for their services.
REMEDY
SOLUTION to this is to make it a DUTY of the officer to go to every village within the district or division EVERY YEAR to register all those who are not registered and without papers.
In cases where natives are not able to pay for administrative charges for processing of Identity cards and Birth Certificates, such fees must be waived. To insists natives pay for administrative charges to get identification papers will deprive them of their citizenship rights which is beyond their choice.
A more serious and sensitive aspect of this problem with the NRD is when some officers take advantage of the unwary and the ignorant. They promise to give them the papers on the condition that they change religion. This is a common practice but one dares to report this form of corruption because it is deem touching on racial issues and is seditious in nature. But we have to face the reality and deal with it in a civilized way without being offensive to any religion.
Many government departments have earned themselves bad names such as Department of Agriculture, Land & Survey, Forestry and the Police. Instead of serving the people, the people find out that these Departments or more eager to hinder them in getting the necessary services due from the department concerned.
8.2 Composition And Appointment In the Civil Service.
8.2.1 Dayaks In the Civil Service To Reflect the number of the Dayak community in the State.
Discourse.
The racial composition of the civil service in the states does not reflect the number of the Dayaks people in the state. There are many Dayak graduates who are unemployed but are not able to find jobs.
The overwhelming number of West Malaysian in the civil service gives the impression of dominance and colonization by the West Malaysian of the State of Sarawak. Even junior positions which can be easily filled up by Sarawakians are being filled with West Malaysian officer. This is not being racialist but merely to balance the racial composition to reflect the population of the state.
8.2.2 Promotion to Senior Position in Civil Service.
Discourse.
With few exceptions in the early days of the civil service, it has become very obvious that promotions to senior positions and departmental heads as Directors or Director Generals are only limited to close circles of certain races.
This brings perceptions of discriminations. Whether rightly or wrongly viewed, this phenomenon is glaring where a Dayak through rank and files rises up the administrative position ladder he will reach the deputy level. When the time comes for the Director to retire, in normal circumstances, the Deputy will be promoted to be the new Director. But in almost all cases, the Dayak officer will only be good as a deputy and very seldom he will be appointed as the Director. His promotion to the Director only happens when the favored races do not have any ‘qualified’ candidate.
So the Dayak officer will reach his ceiling position and retire as a deputy director. A Dayak deputy head will always suffer the humiliation in silence when a officer from somewhere is parachuted down to be his ‘boss’ although he may feel that he is more qualified to assume the directorship to replace his senior retiring officer.
Although many people view this as sensitive and racial, we must address this issue rationally without being emotional about it.
Merits in appointment of civil service office must be done in a transparent, fair, just and civil manner will go a long way to achieve, credible, efficient, highly motivated and courteous truly civil service.
A Dayak is not asking for a special favour over other races. He is only asking for what he is entitled to, upon merit and deserving. That’s all. Nothing more and nothing less.
8.2.3. Appreciation and Recognition of the Dayaks Towards Nation Building.
Discourse.
Everyone of the racial community that makes up the state of Sarawak contributed to the independence and formation of Malaysia deserves appreciation and recognition. Each community has its own leader who contributed to this. However, in the case of the Dayak community, whether out ignorance or deliberate attempts, Dayaks leaders don’t seem t feature much in the history of Sarawak. There seems to be total blackout of the formation of the nation of Sarawak by the Rajah James Brooke and his Successors where the Dayak Leaders played prominent roles without which the Rajahs would not have been able to established the nation to what it is today. This legacy is not part of the history in the school syllabus.
The Dayak leaders along with the Malay-Melanau leaders have together with the 3 Rajahs laid the foundation of the nation of Sarawak. It was the Sarawak built by the Rajah and the colonial government with the local leaders that is now part of the Federation of Malaysia.
The first and second Chief Minister of Sarawak who are of Dayak origin are not so well-known or event totally unknown among the new generation because nothing is mentioned of them in school books. Even if the first chief minister is mentioned it is with the objective of warning any one who does not tow the line of the ruling party.
After 45 years of independence Malaysia has still not seen a single Dayak Army General. All that a Dayak can attain is the rank of a Colonel yet in the history it was the Dayaks to fight the communists. There is a feeling of the Dayak community that the government is ungrateful to the community’s sacrifice. Is our loyalty doubted?
Misbun and Lee Chong Wei
Heroic recognition for them but no such recognition for those from the Dayak community. No reward for the those from the Dayak community
Recognition and Reward
8.2.4 Promotion of Dayaks Into Senior Positions In the Army and Police Force.
Discourse.
It is a well-known fact that many Dayaks have sacrifice their lives for the nation of Malaysia but it is not reflected in their ability to be promoted to higher ranks.
So far there is no record of any Dayaks being promoted to the rank of generals. The most and the highest rank that ever achieved by the rank of colonel. The Dayaks are not asking for any favour. We only want to have a fair chance of participating fully in national affairs. It is quite incomprehensible that no Dayaks are good enough to be promoted. This in itself is a move towards building a strong and united Malaysia. It is our belief that Dayaks are also as good as other races. So we just want to be given the opportunity, based on merit, to be given the chance to serve the nation at the highest possible level.
Another sad affair in the military and the police force is that many Dayaks who have retired from the army and the police are now left to fend for themselves in the villagers in the interior. Whatever contribution that they have, are left in memories only. No serious effort are made to care for them. On the other hand, Retired Malay generals are offered chairmanship and directorship in government link companies and public listed companies.
8.2.5 JUDICIARY.
Discourse.
Appointment of Judges and Judicial Officers.
One of the hardest problems with the natives when going to courts is the lack of understanding on the part of the Judges and judicial officers on native customs, traditions and practices. This is because there is very little appointment or no appointment until recently no judge at all from the Dayak community.
The absence judges or judicial officers from the Dayak community caused the Dayaks having proper access to justice. This is particularly critical when the Dayaks case is concern with the Customs, traditions and practices of the Dayak community. In the cases involving native lands, the most formidable task facing the native litigant is to convince the Judge about the native customs, traditions and practices. At times, there are no judges who are sympathetic to native causes.
Native cases are viewed with suspicions. It is common for native litigants to receive adverse comments from judges, court officers and counsels showing lack of understanding and respect for native people and their causes.
9. RELIGION
9.1 Banning of Alkitab.
Discourse.
This is a serious problem because most of the young people are now educated in Bahasa Melayu. They read Bible in the Bahasa Indonesia and Malaysia because that is the language they used at school. Since they are not conversant in English they cannot read the English the Bible.
Since many Christians are more conversant in Bahasa Malaysia, the language used in services and church is the Bahasa Melayu.
The ban by the Malaysian government on the word “Allah” as God in the Bible has caused much anxiety among Christians. The SIB Church has to sue the Federal Government to pursue its intention to use written materials using the word “Allah” as referring to the Christian God.
9.2 Liberty /Freedom to pray In Public Functions.
Discourse.
Since our Rukun Negara has intended the Malaysian citizens to be good and godly people, there is a need for everyone to be able to profess and pray to his God peacefully in full honor and decorum without any objection and feeling of uneasiness from the other religion.
There should be freedom and liberty for other religions to pray in public functions apart from the Muslim pray. Of course the decorum and the tactfulness is required to avoid misunderstanding and frictions among the various religious groups.
In this way, we can truly be a nation who fears God and godly people. Be you a Muslim, Christian, Hindu, Buddhist or any other religion.
9.3 Use of Government Facilities For Activities.
The use of government facilities in religious ceremonies for other religions must be allowed.
10. GOVERNMENT POLICY
10.1 The government policy must be revisited, reviewed and reinvented to incorporate the Dayak community in a fair and sincere manner to partake in nation building. They must be trusted they can fully contribute to nation building without any suspicion.
10.2 Deliberate efforts must be made by the government to include Dayaks in all government agencies regardless of the nature of the Agency concerned. In sensitive agencies, think tanks, highly critical agencies must not be exclusive of the Dayaks. This is to inculcate trust between all Malaysian.
10.3 The spirit of the 18 Point Agreement, Federal Constitution, The Constitution of Sarawak relating the Dayaks must be respected, honored and applied.
11. UNITY
11.1. Divide And Rule
Discourse.
The Dayaks are found in all the political parties existing in Sarawak. As a result, politically, the Dayaks are in the minority because of their disunity. In PBB, Dayaks form the large section of the Party but hey are being subjugated by the Malay-Melanau section. In SUPP the Dayaks have substantial membership; but because the Chinese community unite their strength in the party, the Dayaks are in the minority. In SPDP, although it has a Dayak President and majority Dayaks members, it is a small party with little economic strength, it is marginalized. Its candidates for YBs are determined by the big boys in PBB. So is PRS. It is so embroiled in internal struggle that it cannot do anything much because it is paralyzed by its own cause.
Associations have been manipulated to divide and rule the Dayaks. So many Dayaks tribal associations have been established to exact loyalty from the members to the political patrons.
11.2 Fear of the Ruling Party .
Discourse.
The political powers stalk fear in the people. Whenever, there is a potential challenge to the existing political framework, urgent steps are taken by the ruling coalition to stamp any such threat. No one dares to stand up for the truth and justice for the people because of fear.
It is part of the Sarawak political culture that those in the ruling coalition cannot be seen in the company of the opposition or those associated with those who opposed the ruling coalition. The threats normally at work are termination of contract works, closing of business opportunities and persecution.
11.3 Political Intimidation
Discourse.
People are frightened from joining political parties particularly the opposition because of intimidation.
NGOs being non political misconception that they are afraid of raising social issues
11.4 Political Ignorance
Discourse.
Dayaks Sarawak Political representation – Although Dayaks in the state cabinet forms the majority of State cabinet but full of fear. They are only concern with their personal interest.
They are not well acquainted with their responsibilities as Legislative Representative.
11.5 Ruling Party’s Development Policy.
Discourse.
Under politics of Development, those who are with the ruling elite are given the privilege to partisan Sarawak in regional areas and each area allocated to the political group who are to work with the ‘approved’ elite companies in developing the area concerned. This is franchise system of development.
The politics of development is then to perpetuate the grip of the ruling party in power. The people’s fate is easily manipulated by one man.
12. MENTALITY
The Dayak community is generally subservient to the political masters. They depend on handouts making them politically obliged to vote for the rulig party at election times.
Due to such mentality the Dayak community are no longer enterprising in nature although in olden times they have been known to be adventurers as can be seen in the spirit of ‘bejalai’. Even now, inspite of the many attempt to incarcerate the Dayak spirit, many have ventured abroad even with very little education. They have migrated in large number as can be seen in Johore, Singapore, Sabah and even overseas.
13. POLITICS
13.1 Cabinet Representation
Discourse.
Federal Cabinet
Sarawakians [Dayaks] are given only less significant ministries. Important portfolio such as education and defence are never given to the Dayaks. Sarawakians do not benefit from the powers allocated to them.
State Cabinet
Cabinet Post relating to Land must be allocated to a Dayak Minister. He must have the necessary authority to proceed with the issuing of title to native customary rights lands, both communal and individuals.
Unlike now, although the Rural Land Development Minister is a Dayak, he is only concerned with land Development which is approved by the Minster of Resource and Planning.
13.2 Delineation OF Constituencies
13.2.1 Disproportionate Political Representation.
Discourse.
The Number of Political Representatives of the Dayak Leaders in the State and Federal Legislatures are no reflecting the number of Dayak populations of Sarawak.
Dayaks constituencies are not proportionate to the number of the Dayak community. This has caused the Dayak community to be under represented. The constituencies are being controlled by Party Pesaka Bumiputra Bersatu [PBB]
13.2.2 Quality Political Representation
Discourse.
Lack of representation on the part of the Dayak community is not in numbers alone, but also quality – courage, interest of the people at heart. Most of the Dayaks YBs, with due respect comes for the background whose field of studies are those mostly from the teachingbackground and other less significant fields of studies. Because of their educational backgrounds they could not contribute much to the well-being of the community.
Hierarchy of leadership – loss of effective political leadership.
Historically, some leaders are brave and visionary and stand for political rights. However, these leaders are not favoured by the ruling elite because they could posed challenge to their positions.
13.3 Feudal Politics Practice
Discourse.
One aspect of Malaysian political culture is the patron culture. The subordinates live on the goodwill and the credit of the boss. The over dependence of the subordinate on the boss creates huge advantage by the leader over the subordinates. Whenever, there is conflict at hands, the subordinates are expected to tow the line of their bosses. No questions are asked whether it is right or wrong. All depends on purchased loyalty.
When it comes to decide whether rights of the Dayaks must be protected against the onslaught of government land grabbing, the rest of the ranks and files including leaders from the Dayak community such as YBs, community leaders will have to support the government. Even though they know that their stands are opposed to the interest of their own community.
14. Women
Discourse.
Ketua kaum for Women
The new waves of development now cause problems to the women. More roles for women to come forward to contribute to the native community and society.
15. CULTURE, SPORTS & ARTS
Discourse.
15.1 CULTURE
15.1.2 The native culture is not only it is now having been modified for the political ends of the ruling parties but are also abused and stolen and turn into profit making business by unscrupulous people. At the same time the natives have been deprived of any benefit from culture heritage.
Remedy
These rights and properties must be protected and return to the natives concerned. Law must be enacted to protect them and any income or benefit made from any such customs or culture must be channeled back to the owners.
15.1.2. The various natives have their respective traditional knowledge in the forms of traditional medicines and technology. However, these properties and rights of the native have been and are being stolen by the ruling parties, government agencies and unscrupulous people to make huge profits for themselves.
Remedy
The traditional knowledge and technology must be returned to the respective owners. Any documented traditional and technology shall not give rights to the person compiling or collecting those knowledge and technology. Neither can such a person claim rights to any modified form of medicine or technology rooted upon those traditional knowledge or technology.
15.2 Sport Development among natives is negligible. There is no one who cares for sports development among natives. All depends on the native society but for the own inadequacies and lack of resources nothing can be done about it.
Remedy
All efforts must be made to promote sports among the natives all levels and all places including the towns and rural areas.
All traditional sports of the natives must be documented and promoted among the respective native communities.
III. CONCLUSION
“A NEW ERA AND A NEW DAWN FOR THE DAYAK COMMUNITY”
1. ADAT
1.2 Majlis Adat Istiadat
Majlis Adat Istiadat must be given all the necessary power jurisdictions and support in the administration of the native Adat. The Majlis Adat Istiadat shall be a independent body so far as the native adat is concerned.
The members of the Majlis Adat Istiadat shall include experts on the Adat of the native and Community Elders of each native community who are well verse in their respective Adat. As and when necessary, non member may also be call to assist and give opinions and advise on the various adat of the native communities.
1.2 The Various Native Adat.
All native community shall he at liberty to choose whether to document or not its respective adapt. All necessary support whether in the form of expertise or fund shall be made to support any such effort.
1.3. Non Codification
Any adat that has not included in the written adat shall not be deemed to have been excluded from the body of the adat of the community concerned.
2. THE PEOPLE
2.1 Members Who Form the Dayak Nation
All natives listed in schedule to Section 3 of the Interpretation Ordinance and Article 161A(7) Federal Constitution.
2.2 Interpretation of the word “Dayak”
Discourse.
Deleting of the word “Dayak” from the law- Interpretation Ordinance.
Dayaks community has always felt that their community has always been systematically broken down, divided and dismembered in all possible ways to prevent them from rising up and be counted worthy of respect and recognition to contribute to nation building.
The deletion of the word ‘Dayaks’ from the definition of native and replaced with Iban is a slap in the face because of their impotence to do anything legitimate within the framework of a nation. In spite of the many Dayak legislative members, they are placed in their position not based on merit but simply on the choice of the political master.
It is any wonder even the Majlis Adat Istiadat who is the Council for native customs needs sanction of the Attorney General and has nothing to do with the role of the Council, before deciding upon any aspects of the native customs. This only shows that Dayak community is being controlled strictly within the permit of certain authorities.
3. LEADERSHIP
3.1. Community Leaders.
Discourse.
Tuai Rumah, Penghulu, Pemanca, Temenggong use to be appointed to their post based upon the people consensus. They used to be well respected.
Now, they are politically appointed to serve and advance political agenda of those in power and political. This has caused them to be beholden to the powers that appointed them. Now they duties are redefined from being leaders of the community who speak for the community to being government information agency. The complaints from the community that are not favorable or against the interest of the political power are either not entertained or do not get to the intended receiver [authority]. As such, their grievances do not get any attention.
Another aspect of the leadership is the dispensation of justice according to the customs of the respective tribes. But because of the appointment arbitrary in nature, those who do not deserve to be appointed, unqualified in terms of the native customs also get to be appointed. As long as they are align to the ruling political party, then it is easy for them to lobby for the appointment. It then makes the community leadership converted into just a mere vocation instead of being a leader in the actual sense.
Another aspect of community leadership which needs addressed is the lack of political education. Community leaders don’t understand the link between the land grabbing and political power. They still believe the government is still good in spite of the grabbing, evictions and persecution.
REMEDY
Revert to the original method of appointment of community leaders which is custom base. As each community has its own practice of appointment of community leader, the community concerned must be allowed to practice is own custom when it comes to appointment of its own leader.
3.2. Political Leaders.
Discourse.
Many people covet the post of a YB as a platform for business opportunity. They lobby to become candidates during election times and promising the appointer that they will be good boys during their tenure in exchange for business. This is pure money politics but who cares.
So Sarawak’s politics is a business commodity for trading. This speaks volume of the wheeling and dealing among politicians and businessmen. The political culture is that during elections times, businessmen will take care of the finance of the candidate. When election is over, the successful candidate is then expected to repay the businessmen for their ‘election loans’. The magnitude of this common practice that Sarawak politicians are divided among the business tycoons during the election times. These tycoons will collect their bounty when it comes to appointment of licensees for timber over the respective areas of the YBs.
REMEDY
In order for all the Parliamentarians and State Assemblyman to behave themselves and focus only on their role as legislatures, they must be barred from getting involved in business whether directly or indirectly. Even the practice of having proxies in business dealings is prohibited among legislatures.
3.3. Business Leaders
Discourse.
Due to the close proximity and the inseparable connection between the business and politics businessmen have to align themselves to the ruling party.
In the event that any businessman is found to have supported the opposition in any way whatsoever, he will be victimized. His contract with the government will be terminated. He will be persecuted to the extent that he will be lose and suffer all the way.
In this type of environment, no businessman dares to be seen together or associated with any one outside the ruling party’s circle.
REMEDY
Businessman shall not be allowed to be associated with legislatures which is the main cause for corruption, briberies and nepotisme.
3.4. Public Service Leaders
Discourse.
Due to the rare existence of any Senior Dayak Public Service executives, there is no one from the Dayak community who is able to lead the Dayak community into public service. Participation of the Dayak community in the public service is very limited because of lack of any Dayak leaders in public service.
REMEDY
More effort must be used to increase the number of senior public service executives.
4. ECONOMY
4.1. Urban Dayaks.
Discourse.
Urban Dayaks are mostly in the employment sector either public or private sector. Those in the professional fields are still very small and still minority compare to the other races. Those involved in business are mainly contractors depending on government contracts.
4.2. Government Policy.
Discourse.
Government policy to maintain Dayaks only in the workforce but not in the business community.
4.3. No affirmative actions to assist the Dayaks.
Discourse.
Lack participation of the Dayak in economic activities does not receive any attention from any one. Dayaks are left to fend for themselves. Many of the so-called government facilities sometimes gives false hopes because of the stringent rules and conditions as well as lack of information.
4.4. Financial Institution
Discourse.
The stringent conditions by financial institutions are hindrances to the Dayak to enter business ventures.
Financial system weakens the Dayak community that it looks down on the Dayak economic soundness.
4.5. Economic Participation.
Discourse.
Dayaks non economic participants for the last 45 years.
4.6. Privileges to the Bumiputera Community
Discourse.
Privileges including NEP for the Bumiputera community are not extended to the Dayaks of Sarawak. The Dayaks are left to fend for themselves.
5. LAND
5.1 Authorities’ Indiscriminate Native Land Grabbing.
Discourse
This is the chunk of the Dayak problems. Large tracts of Native customary rights lands owns by Dayaks have been and are being taken by the government and allocated to big companies to be developed into oil palm plantation and tree planting forests.
The state also takes away Dayak land for dams and many more are coming – 12 in current plan.
But all in all there are 52 sites that have been identified suitable for development of hydro electric power dams.
REMEDY
a. NATIVE LAND COMMISSION
Native Land Commission to be set up for the following purpose:-
i. To investigate all complaints, any abuse and malpractices by the government under BN and its partners in issuing land titles, provisional leases, Timber licence, Licence to Plant Forest involving or affecting native customary rights lands whether communal or other wise.
ii. Upon establishment of proof of the complaint the Commission shall be duly empowered to excise out the native customary rights land out and to issue either a perimeter title of individual title as the case may be.
iii. All lands acquired by the state government for dam purposes but are not used or affected or inundated shall be returned back to the land owners for their own purposes and they are free to occupy it as they may wish.
b. NATIVE LAND COUNCIL
A body established to oversee the administration of native customary rights lands.
To administer Native customary rights lands.
To prepare and enforce policy of native customary rights land development
5.2 Untitled NCR Lands
Discourse.
Previously, titles to native lands are issued pursuant to a settlement exercise. The settlement exercise is normally carried when an area is declared as Native Area Land. Titles to native lands are issued within this area under section 18 of the Land Code. However, the present government policy that there shall be no more settlement exercise because that would mean there will be no land remaining for oil palm and tree planting scheme. So the government has stopped issuing pout land titles to native lands.
No collaterals for funds and loans.
Majority of native lands are untitled lands. Therefore the native lands have no market value and significance. The lands could not be valued for any form of investments. At the same time they have no market significance. This is because they cannot be used in any commercial dealings. Apart from the restriction on sale even between natives based on false premise that sales of native lands not allowed under the Dayak customs.
Not only are the natives deprive of opportunities to develop their lands though joint-ventures or partnership, they are also unable to fully develop their lands themselves. This is because without any land titles and in the absence of the much needed capital, they are unable to raise the needed funds to develop their lands. The absence of title is a hindrance to the native land to be developed. This is a basic need of the Dayaks- to have their land issued with title so that they can develop their lands.
Disadvantage of Open Dealings in NCR lands.
One main reason used by political leaders for not issuing land titles to Dayaks is the risk of the Dayak selling away their land to non Dayaks and therefore losing out their lands. But this is a mere front to the sinister motive of keeping the Dayaks poor. It doesn’t matter whether they sell their lands, as who does not sell their lands for economic reasons? Everyone does. Nevertheless the owner will still benefit because the income derive from the sale will go to improve his well being. He may need to sell some of his lands to raise capital to start business. This is a normal economic practice. However, above all these, if dealings in native land really need to be restricted to maintain the lands within the native economy, then the usual condition of prohibiting sale to non native is always available.
The moral of the story is that, the main reason for not issuing land titles to native lands is to keep the native within the poverty cycle so that they remain dependent on the government handouts and therefore loyal voters for the ruling party. The hidden fear of the ruling party if Dayak voters break out of the poverty cycle is that they no longer depend of the ruling party and therefore under no obligation to vote for them come election time.
This is a major grievance of the Dayak community. The other communities will always get their titles due to them. But when it comes to a Dayak land, all sorts of excuses are being used to avoid giving him titles to his native lands.
REMEDY
Native Land Titles
Issue Document of Titles shall be issued over native Customary Rights lands
Conditions
i. perpetual
ii. rental shall be minimal so as to avoid burden on the landowners that may cause the loss of land rights PROVIDED THAY no land shall be forfeited on the account of non payment of quit rent.
iii.
5.3 Restrictions on Dealings In Native Customary rights Lands:-
i. Dealings involving sale and transfer of native customary rights lands is only limited among natives. However, a native is only allowed to purchase only a limited area of native customary rights land unless consent has been obtained from the Native Land Council.
ii. NCR lands may be developed on a joint venture basis with non native upon the conditions that there shall be no transfer of the rights, interests, shares and or title to the non natives.
iii. All dealings in native customary rights lands must be registered with the Native Land Council
5.4 Survey of NCR land.
Discourse.
Not only are the native land are not surveyed, they also cannot be surveyed due to legislative restriction. The Land Survey Ordinance makes it a criminal offence for anyone to survey lands without permit from the Land Survey Board thus make it even more difficult for natives to survey their native lands.
As most Dayaks can’t afford the high bills from the professional surveyors all that they can afford is survey their lands using community surveyors which is now very popular among the natives. As this is the only affordable option to them, they normally get themselves trained how to use the GPS instrument which is easily available in the market. NGOs have been playing a positive role in training communities to survey their own lands using the GPS instruments.
After the case of Nor Ak Nyawai & Ors V Borneo Pulp And Paper Sdn Bhd & 2 Ors, the government rushed through the Land Surveyors’ Bills to incriminate survey by non certified surveyors. But it is very obvious that the bill was enacted to prevent community surveyors.
This adds to the misery of the Dayak community. On top of their inability to afford certified surveyors, whatever is there remaining as their next option is also being taken away.
The communal native customary rights lands shall be surveyed and issued with a communal native customary rights land Issue Document of Title.
Individual native customary Rights Lands shall be surveyed and issued with native customary rights land Issue Document of Titles.
All Issue Document of Titles over communal and individual native customary rights lands shall be registered with the Native Land Council Registry.
The owners of native customary rights lands shall be at liberty to employ and engage qualified licence surveyors or any community surveyors who has the necessary knowledge to conduct such survey. No permission is required for the survey of native customary rights lands. All that is required is that the survey shall be registered with the Native Land Council Registry.
5.5 Forest Within the Native Customary Rights Lands.
Discourse.
The natives are only watching helplessly the timber companies plundering their timber wealth found on their native customary rights lands. They can’t do much because the companies have the entire government machinery to support them against the natives in the event of conflicts between them and the natives.
The police are always siding with the companies the event of conflicts. The natives who lodge reports of abuse and trespass on their lands are either turn away from the police station or no action at all is taken by the police.
On the other hand, when the companies make police reports, most of the time, false reports of purported criminal intimidation, the police spring into action instantaneously and arrest anyone mentioned in the report. This is a common tactic used by timber companies and oil palm companies to subdue and any resistance from the natives. This has become so common that the natives are reluctant to lodge police reports against companies encroaching their lands because they are well aware that the lodging of police reports does not make any difference at all. In short the people do not trust the police and the government authorities.
The Forest Department and the Land & Survey Department are equally unhelpful to the natives. They view the relevant government departments as only serving the companies and the government but not the people.
To compound the natives’ miseries, most of the time, the people who are being used as front men to subdue and subjugate the natives in collusion with the government departments are shadowy figures from the underworld. The climax of this modus operandi is the Batu Niah murder incident where the developer. It is also normal for a government department being used by a private company to enforce a civil claim in the event of dispute with the natives. The Police, Land & Survey Department, and the Forestry Department are the usual enforcement offices used to enforce claims over NCR lands. The shooting of the villagers at a Tinjar oil palm estate is an example of many such cases.
All forest and or timber found on native customary rights lands shall belong to the landowners who shall be authorized to cut, sell and trade in the forest produce or timber in accordance to the regulations established by the Native Land Council. In addition to that, permit from the Forest Department may be required for the purpose of facilitating the transaction with no restriction. There shall only be minimal administrative fees.
5.6 Development of Batang Ai and Bakun Hydro Electric Power dams did not benefit the Dayaks.
Discourse.
These two giant projects were mooted primarily for the purpose of producing electric power for the People of Sarawak and Malaysia at large. Nevertheless, it is a form of development meant to create and uplift the living standard of the natives who are affected in one way or the other. In other words, the natives must be improved and from the previous living standard before the projects were started within the area.
So far, the first dam – Batang Ai has nothing to show to the world that the project has increased the living standard of the people affected. Whatever happened to them generally, there is no testimony to show that the natives who were affected by the project have now wealthy people.
To the contrary, they might be worst off than their life before the dams were even completed.
The living standard of the Dayaks affected by the dams must be improved and uplifted from the profit derived from the dams. Water and electricity supply to the whole community affected must be given free of charged or at least paid by the entity who manages the dams.
All lands acquired for the dam that are not utilised must be returned back to the natives. They must be allowed to make their own free prior and informed decision where to settle down.
There must be a minimum housing or dwelling standard to be constructed for the people affected by the dams.
Any future dams to be constructed must be carried out in a transparent manner with due respect to be given to the community that is going to be affected. Free prior and informed consent of the affected community must be obtained before the project is commenced.
5.7 Depopulation of the Dayak lands.
Discourse.
The massive so called ‘development projects’ are causing a mass dislocation of the native from their traditional ancestral lands. The Batang Ai and Bakun Dam has dislocated thousands of natives from their lands. The compensation paid to them are not only insufficient but also does not improve their livelihoods. The developments brought to them are pushing them into poverty. They are located on small plots of lands which does not support the native traditional way of life.
The natives by the very nature of their customs require communal and individual land rights. The individual lands are for the members of the longhouse to support their respective families. The communal land is for the communities use as land bank and also for hunting, fishing and foraging. When the so-called developments are brought to / push on the natives the first to go is the communal lands. This aspect of native life cannot be overstated because it is so important but always overlook by the state.
The natives who are accustomed to their traditional lifestyle of having communal land and forests are suddenly suffering from cultural shock. They have never experienced the cash crop economy for them to transform into a cash economy. They may still learn to plant cash crops but the cash economy is more than planting crops. The whole lifestyle has to be changed. The people’s diet may have to be changed. Their expenses and everything has to be changed. Unfortunately, the natives are not ready for this.
The native customary rights lands and ancestral domains of the Dayak communities through out Sarawak must be returned back to the Dayaks.
Any projects in whatever form they may be that have affected adversely or otherwise the Dayaks and deprived the Dayaks must be returned to the Dayaks.
The foraging lands where the Dayaks have been hunting, fishing and living must be returned the Dayaks. Those hunting, fishing grounds and foraging lands that have been permanently destroyed must compensated adequately.
Ranking of Method of Returning Native Customary Rights Lands Acquired or Taken From the Dayaks.
i. Return of the lands to the Native where the land is still existing in its original form – the lands is still covered with forest both primary and or secondary;
ii. Return of the land if the land is still existing and still can be rehabilitated with forest;
iii. Return of the land even if it is no longer in it original form, if the community is interested or desirous of taking it back but must be together with compensation for the loss or injury suffered by the land;
iv. If the land is no longer existing and can not be returned as it has been converted in a form that can no longer be used and reconverted back to its original nature, there shall be full and complete compensation to the Dayaks and the hunting, fishing and foraging rights of the Dayaks must be duly compensated. Alternatively, the rights interests and shares in the entity who acquired the lands must be returned to the Dayaks.
5.8 Land Related Statutes.
Discourse.
Many amendments are made to laws or being enacted affecting lands such as the Land Code, Forest Ordinance, Nation Park Ordinance, Land Custody Development Ordinance, Biodiversity Ordinance and the most recent Agropolis Ordinance.
However, awareness of their negative effects on native lands are not known among the natives and their representatives. No one speaks for the natives on these laws. Native legislative members are either ignorant or out of fear are silent on these matters. As such, there is no one who stand on behalf of the native community to voice out their concerns on the laws affecting their lands.
Contrary to their duties as people’s representatives, these representatives fit more as mouth piece for their political masters. Instead of speaking for their community they play the reverse role of advising their people to keep quite because their speaking out will stir the wrath of the ultimate power.
At times, the people do pressure their representatives to speak out for them in the Legislature. But the most unexpected response that they get is that, the Legislature is not the right forum to discuss the matters. This has caused the people to be dumbfounded. If the only forum meant for the debates of laws is not the right forum, then where else can they go and complaint? At the same time this only goes to show the haplessness of the Dayak community right their from so-called leaders right down to the poor man in the village.
The conclusion is that the State Legislative Assembly is a mere rubber stamp for the ultimate power. No one dares to speak out for the people.
6. EDUCATION
6.1 The Importance of Education to the Dayaks.
Discourse.
Like any other community, the only way for the Dayak to advance their status in life is through education. The Dayaks for that matter are equally eager to uplift their status and well being by getting the necessary education. As at present, the majority of the Dayak community are rural based and are involved basically in subsistence agriculture.
The only request from the Dayak community is to be given equal opportunity that is available to other Malaysians. The Malays have the attention of the government through the NEP while the Chinese communities with their economic advantage are able to forge through educate their children even without government assistance. But for the Dayak, there is a general feeling of neglect of the community by the government. The Dayak political leaders are more interested in pursuit personal gains and political activities rather than a more genuine and sustained effort to raise the educational level of the Dayak community. The application of NEP which is meant for the Bumiputera on papers is merely giving a false to the Dayaks. At times, NEP works to the disadvantage of the Dayaks because they are minorities and tends to be neglected. At times, their status as bumiputera have been questioned and denied.
6.2 Scholarships.
Discourse.
Allocation of scholarships to Dayak children is seemingly biased against Dayak students. Although the examination results of the Dayak students are as good as the others, they are discriminated when it comes to giving of scholarship. They are not given scholarship although their examinations result may be as good as or even better than the others.
Another aspect of this is that, Dayaks students find it difficult to get scholarship to support them to enter critical fields of studies. Most of the time, the scholarship that are given to the Dayak students are to do less relevant fields like social science, anthropology and teaching. The more highly relevant and critical fields like medicine and other highly prized fields are not promoted among the Dayak children.
The one obvious result of this is high rate of unemployment among Dayak graduates.
6.2 Rural Schools.
Discourse.
Thousands of students in the remote areas. The schools conditions are pathetic. Many cannot go to school. Many are also become school dropouts.
Majority of the Dayak children are still in the rural areas. The economic disadvantages by these children pose a big challenge for the children to access to education. The poverty cycle, the transport problems going to and coming back from schools is a huge challenge nowadays. The incidences involving the Penan children being raped and abused is just a classic example faced by the Dayak children.
6.4 Teachers and Facilities.
Discourse.
Due to their inaccessibility and remoteness, there is an apparent lack of attention given to rural schools. Allocations for the school facilities are also obviously lacking. Apart from that, there is of course the transport problem which hinders communications.
The communication problems and lack of modern facilities discourage teachers from taking up teaching posts in the rural areas. Most of the teachers who brought up and grew up in the towns and cities are not used to rural lifestyle. They are reluctant to teach in the rural areas due to absence of modern facilities.
6.5 Critical, Strategic and Professional Courses in Public Universities.
Discourse.
Due to the many disadvantage facing the Dayak students, most of them relied on public universities to pursue their studies. Those who can afford to enter private colleges and universities are very few due to financial constraints.
When Dayak students enter into public universities they have to compete with other students for placings. When it comes to competition for critical, strategic and professional courses, they usually lose out because of the many disadvantages that they faced.
As such there is a need demand for seats for critical, strategic and professional courses in public universities to be reserved for Dayak students.
6.6 Career Guidance.
Discourse.
This is an obvious shortcoming faced Dayak Children. There is total absence of any body or organization set up purposely to give career guidance to Dayaks Children. As such, they are aware of the many choices available to them when choosing fields of studies in universities.
7. DEVELOPMENT
7.1. Weaknesses
Discourse.
Rural areas in Sarawak particularly within the Dayak areas are very much neglected from real development. The so-called development targeted into Dayak areas are mostly exploitation of natural resources such as timber concessions plantation lands. These developments are not development at all because they are only exploitations of resources while the economic well-being of the Dayak are still not improved. The alleged development through employments are does not at all uplift the economic well-being of the natives.
Those who truly benefit from the so-called developments are the cronies businesses. The native who are the real land owners are only bystanders who just witness how their resources and being taken right from under their nose.
7.2. Peoples’ Development.
Discourse.
The basic facilities must first be provided to stimulate development within the native communities. We just cannot blame the native for reluctance to join the mainstream development when there is no genuine and sincere effort by the government to develop the natives.
All development which involved in taking away people’s rights and lands must be carried out in partnership with the people concerned and they must also benefit directly from the development.
Strategies must be developed on how to include the local people in carrying out the development according to justice and fairness. Bakun HEP and Batang Ai HEP project must benefit the people economically because the people’s main economic livelihood, namely, their lands have been taken and used in the development. On that basis any development on their lands must bring returns to the local people. The electricity, water, communication system and road service must be provided on a top class basis together with company shares allocated to the natives free of any payment. The representatives of the native must also be appointed as directors in the company that owns the project to represent the natives’ interests. All the other development must adopt the same approach to enable the native community to breakout of the poverty cycle.
Above all else, the natives consent must be based on free, prior and informed consent. This is the ultimate rule for any development to native lands. NO abuse is in any way allowed. NO company, people, organization or whosoever is allowed to abuse such a trust on development on native lands. NO repetition of the BN government existing approach. The present approach must be scrapped off. The LCDA ordinance which is the evil instrument used in manipulating the Dayaks must be repealed immediately.
“Politics of Development” to be replaced with People’s Development. The development of Sarawak through the politics of development must be stopped. Only Development to benefit the people and the state are allowed.
The meaning of the word “public purpose” under section 46 of the Land Code must be amended to limit it to only genuine public purpose and does not include those purposes which enriched certain section of the society only.
Land rights of the Asap people at home in the previous villages. The status of the land at home in their old tembawai. The promise to return their former land rights to the natives once we take over government.
7.3. Infrastructure, Transport & Communication System
Discourse.
The first and foremost is the construction of roads to service the rural areas. Since the villagers are generally located along the banks of the major rivers the coastal roads which presently connect all the major towns along the coast needs to be connected the rural hinterlands by way of roads instead of the all mode of transport, namely, by river.
These networks of roads are to be constructed parallel to the all major river systems in Sarawak to provide connectivity to all the villagers along the river banks. This will ensure that the rural populations are not only served with efficient, cheap and fast transport system it will also enable the rural people to contribute to the economy of the state. This is because through the road connection the rural population which constitutes a large section of the state population can contribute and participate in the economy of the state.
The mobility of the rural population not only provides market but also become part of the engine of growth. The rural population can also contribute products like agricultural products, jungle products and others.
Electricity and Clean Water utilities must also be provided to all native villagers in a proper and systematic manner.
7.4. Land Titles
Discourse.
To further enhance the economy of the rural people. Land titles must be issued to the individuals and communal lands of the natives. The communal title is important to ensure certainty in the communal areas and to prevent intrusion from outsiders. This will further ensure the Dayak concept of pemakai remains useful so that the natives are not impoverished in their own land,
The individual titles are also important to enable the members of the community to utilize their lands for economic purposes. Their either raise loans on their native lands, they also can rent it out, sell it and utilized it to enhance their livelihoods.
7.5. Equity in NCR Land Development.
Discourse.
70% - 30 % ratio equity in development of NCR land is unjust and without any basis.
8. CIVIL SERVICE
8.1 The Service of the Civil Service.
Discourse.
The reminiscence of the colonial times and even the Rajah Brooke’s times by the old folks bring good memories to them. Those times, the civil service was a truly civil service. It served the civil society. Times have change. Today’s service is no longer a civil service. It has now become a truly administrative service. It focuses its service on administration so much so that is civil service aspect is neglected. The result of this is that, the administrative service is becoming unfriendly to the people. So people who are not familiar with the procedures are caught up in administrative red tapes. Procedures has become the rule of the day that anyone who does not comply with the rules are not entertained, ignored, avoided and finally caught and punished.
The national registration department is a good example. The sit in the office expecting everyone within the community will come and register birth, death and identity cards from them. To them that’s the rule. On that assumption, anyone who does not have birth certificate and identity card is not a Malaysian. But this fact does not take into account of the rural people who may never have come down to town for whatever reason, and have never known about these administrative papers.
Today, we still have many natives without birth certificates and identity cards. Many at times children without identity cards are not able to continue their studies in spite of being bright in schools. Gone are the futures of these children. This is not an isolated affair but is a well-known matter but no one takes responsibility. Everyone is right in this matter but no one takes responsibility. Everyone starts to blame each other for not carrying out their duties. Politicians came in once in awhile when they see an opportunity for publicity.
The section of the community that is worst affected is the rural people who are uneducated and poor. They can’t afford the luxury to go to town every now and then to meet all the requirements of the state administration. Unlike before, the mobile birth registrars are no longer available. Officers sit down in their cozy air-conditioned offices and wait for the people to come for their services.
REMEDY
SOLUTION to this is to make it a DUTY of the officer to go to every village within the district or division EVERY YEAR to register all those who are not registered and without papers.
In cases where natives are not able to pay for administrative charges for processing of Identity cards and Birth Certificates, such fees must be waived. To insists natives pay for administrative charges to get identification papers will deprive them of their citizenship rights which is beyond their choice.
A more serious and sensitive aspect of this problem with the NRD is when some officers take advantage of the unwary and the ignorant. They promise to give them the papers on the condition that they change religion. This is a common practice but one dares to report this form of corruption because it is deem touching on racial issues and is seditious in nature. But we have to face the reality and deal with it in a civilized way without being offensive to any religion.
Many government departments have earned themselves bad names such as Department of Agriculture, Land & Survey, Forestry and the Police. Instead of serving the people, the people find out that these Departments or more eager to hinder them in getting the necessary services due from the department concerned.
8.2 Composition And Appointment In the Civil Service.
8.2.1 Dayaks In the Civil Service To Reflect the number of the Dayak community in the State.
Discourse.
The racial composition of the civil service in the states does not reflect the number of the Dayaks people in the state. There are many Dayak graduates who are unemployed but are not able to find jobs.
The overwhelming number of West Malaysian in the civil service gives the impression of dominance and colonization by the West Malaysian of the State of Sarawak. Even junior positions which can be easily filled up by Sarawakians are being filled with West Malaysian officer. This is not being racialist but merely to balance the racial composition to reflect the population of the state.
8.2.2 Promotion to Senior Position in Civil Service.
Discourse.
With few exceptions in the early days of the civil service, it has become very obvious that promotions to senior positions and departmental heads as Directors or Director Generals are only limited to close circles of certain races.
This brings perceptions of discriminations. Whether rightly or wrongly viewed, this phenomenon is glaring where a Dayak through rank and files rises up the administrative position ladder he will reach the deputy level. When the time comes for the Director to retire, in normal circumstances, the Deputy will be promoted to be the new Director. But in almost all cases, the Dayak officer will only be good as a deputy and very seldom he will be appointed as the Director. His promotion to the Director only happens when the favored races do not have any ‘qualified’ candidate.
So the Dayak officer will reach his ceiling position and retire as a deputy director. A Dayak deputy head will always suffer the humiliation in silence when a officer from somewhere is parachuted down to be his ‘boss’ although he may feel that he is more qualified to assume the directorship to replace his senior retiring officer.
Although many people view this as sensitive and racial, we must address this issue rationally without being emotional about it.
Merits in appointment of civil service office must be done in a transparent, fair, just and civil manner will go a long way to achieve, credible, efficient, highly motivated and courteous truly civil service.
A Dayak is not asking for a special favour over other races. He is only asking for what he is entitled to, upon merit and deserving. That’s all. Nothing more and nothing less.
8.2.3. Appreciation and Recognition of the Dayaks Towards Nation Building.
Discourse.
Everyone of the racial community that makes up the state of Sarawak contributed to the independence and formation of Malaysia deserves appreciation and recognition. Each community has its own leader who contributed to this. However, in the case of the Dayak community, whether out ignorance or deliberate attempts, Dayaks leaders don’t seem t feature much in the history of Sarawak. There seems to be total blackout of the formation of the nation of Sarawak by the Rajah James Brooke and his Successors where the Dayak Leaders played prominent roles without which the Rajahs would not have been able to established the nation to what it is today. This legacy is not part of the history in the school syllabus.
The Dayak leaders along with the Malay-Melanau leaders have together with the 3 Rajahs laid the foundation of the nation of Sarawak. It was the Sarawak built by the Rajah and the colonial government with the local leaders that is now part of the Federation of Malaysia.
The first and second Chief Minister of Sarawak who are of Dayak origin are not so well-known or event totally unknown among the new generation because nothing is mentioned of them in school books. Even if the first chief minister is mentioned it is with the objective of warning any one who does not tow the line of the ruling party.
After 45 years of independence Malaysia has still not seen a single Dayak Army General. All that a Dayak can attain is the rank of a Colonel yet in the history it was the Dayaks to fight the communists. There is a feeling of the Dayak community that the government is ungrateful to the community’s sacrifice. Is our loyalty doubted?
Misbun and Lee Chong Wei
Heroic recognition for them but no such recognition for those from the Dayak community. No reward for the those from the Dayak community
Recognition and Reward
8.2.4 Promotion of Dayaks Into Senior Positions In the Army and Police Force.
Discourse.
It is a well-known fact that many Dayaks have sacrifice their lives for the nation of Malaysia but it is not reflected in their ability to be promoted to higher ranks.
So far there is no record of any Dayaks being promoted to the rank of generals. The most and the highest rank that ever achieved by the rank of colonel. The Dayaks are not asking for any favour. We only want to have a fair chance of participating fully in national affairs. It is quite incomprehensible that no Dayaks are good enough to be promoted. This in itself is a move towards building a strong and united Malaysia. It is our belief that Dayaks are also as good as other races. So we just want to be given the opportunity, based on merit, to be given the chance to serve the nation at the highest possible level.
Another sad affair in the military and the police force is that many Dayaks who have retired from the army and the police are now left to fend for themselves in the villagers in the interior. Whatever contribution that they have, are left in memories only. No serious effort are made to care for them. On the other hand, Retired Malay generals are offered chairmanship and directorship in government link companies and public listed companies.
8.2.5 JUDICIARY.
Discourse.
Appointment of Judges and Judicial Officers.
One of the hardest problems with the natives when going to courts is the lack of understanding on the part of the Judges and judicial officers on native customs, traditions and practices. This is because there is very little appointment or no appointment until recently no judge at all from the Dayak community.
The absence judges or judicial officers from the Dayak community caused the Dayaks having proper access to justice. This is particularly critical when the Dayaks case is concern with the Customs, traditions and practices of the Dayak community. In the cases involving native lands, the most formidable task facing the native litigant is to convince the Judge about the native customs, traditions and practices. At times, there are no judges who are sympathetic to native causes.
Native cases are viewed with suspicions. It is common for native litigants to receive adverse comments from judges, court officers and counsels showing lack of understanding and respect for native people and their causes.
9. RELIGION
9.1 Banning of Alkitab.
Discourse.
This is a serious problem because most of the young people are now educated in Bahasa Melayu. They read Bible in the Bahasa Indonesia and Malaysia because that is the language they used at school. Since they are not conversant in English they cannot read the English the Bible.
Since many Christians are more conversant in Bahasa Malaysia, the language used in services and church is the Bahasa Melayu.
The ban by the Malaysian government on the word “Allah” as God in the Bible has caused much anxiety among Christians. The SIB Church has to sue the Federal Government to pursue its intention to use written materials using the word “Allah” as referring to the Christian God.
9.2 Liberty /Freedom to pray In Public Functions.
Discourse.
Since our Rukun Negara has intended the Malaysian citizens to be good and godly people, there is a need for everyone to be able to profess and pray to his God peacefully in full honor and decorum without any objection and feeling of uneasiness from the other religion.
There should be freedom and liberty for other religions to pray in public functions apart from the Muslim pray. Of course the decorum and the tactfulness is required to avoid misunderstanding and frictions among the various religious groups.
In this way, we can truly be a nation who fears God and godly people. Be you a Muslim, Christian, Hindu, Buddhist or any other religion.
9.3 Use of Government Facilities For Activities.
The use of government facilities in religious ceremonies for other religions must be allowed.
10. GOVERNMENT POLICY
10.1 The government policy must be revisited, reviewed and reinvented to incorporate the Dayak community in a fair and sincere manner to partake in nation building. They must be trusted they can fully contribute to nation building without any suspicion.
10.2 Deliberate efforts must be made by the government to include Dayaks in all government agencies regardless of the nature of the Agency concerned. In sensitive agencies, think tanks, highly critical agencies must not be exclusive of the Dayaks. This is to inculcate trust between all Malaysian.
10.3 The spirit of the 18 Point Agreement, Federal Constitution, The Constitution of Sarawak relating the Dayaks must be respected, honored and applied.
11. UNITY
11.1. Divide And Rule
Discourse.
The Dayaks are found in all the political parties existing in Sarawak. As a result, politically, the Dayaks are in the minority because of their disunity. In PBB, Dayaks form the large section of the Party but hey are being subjugated by the Malay-Melanau section. In SUPP the Dayaks have substantial membership; but because the Chinese community unite their strength in the party, the Dayaks are in the minority. In SPDP, although it has a Dayak President and majority Dayaks members, it is a small party with little economic strength, it is marginalized. Its candidates for YBs are determined by the big boys in PBB. So is PRS. It is so embroiled in internal struggle that it cannot do anything much because it is paralyzed by its own cause.
Associations have been manipulated to divide and rule the Dayaks. So many Dayaks tribal associations have been established to exact loyalty from the members to the political patrons.
11.2 Fear of the Ruling Party .
Discourse.
The political powers stalk fear in the people. Whenever, there is a potential challenge to the existing political framework, urgent steps are taken by the ruling coalition to stamp any such threat. No one dares to stand up for the truth and justice for the people because of fear.
It is part of the Sarawak political culture that those in the ruling coalition cannot be seen in the company of the opposition or those associated with those who opposed the ruling coalition. The threats normally at work are termination of contract works, closing of business opportunities and persecution.
11.3 Political Intimidation
Discourse.
People are frightened from joining political parties particularly the opposition because of intimidation.
NGOs being non political misconception that they are afraid of raising social issues
11.4 Political Ignorance
Discourse.
Dayaks Sarawak Political representation – Although Dayaks in the state cabinet forms the majority of State cabinet but full of fear. They are only concern with their personal interest.
They are not well acquainted with their responsibilities as Legislative Representative.
11.5 Ruling Party’s Development Policy.
Discourse.
Under politics of Development, those who are with the ruling elite are given the privilege to partisan Sarawak in regional areas and each area allocated to the political group who are to work with the ‘approved’ elite companies in developing the area concerned. This is franchise system of development.
The politics of development is then to perpetuate the grip of the ruling party in power. The people’s fate is easily manipulated by one man.
12. MENTALITY
The Dayak community is generally subservient to the political masters. They depend on handouts making them politically obliged to vote for the rulig party at election times.
Due to such mentality the Dayak community are no longer enterprising in nature although in olden times they have been known to be adventurers as can be seen in the spirit of ‘bejalai’. Even now, inspite of the many attempt to incarcerate the Dayak spirit, many have ventured abroad even with very little education. They have migrated in large number as can be seen in Johore, Singapore, Sabah and even overseas.
13. POLITICS
13.1 Cabinet Representation
Discourse.
Federal Cabinet
Sarawakians [Dayaks] are given only less significant ministries. Important portfolio such as education and defence are never given to the Dayaks. Sarawakians do not benefit from the powers allocated to them.
State Cabinet
Cabinet Post relating to Land must be allocated to a Dayak Minister. He must have the necessary authority to proceed with the issuing of title to native customary rights lands, both communal and individuals.
Unlike now, although the Rural Land Development Minister is a Dayak, he is only concerned with land Development which is approved by the Minster of Resource and Planning.
13.2 Delineation OF Constituencies
13.2.1 Disproportionate Political Representation.
Discourse.
The Number of Political Representatives of the Dayak Leaders in the State and Federal Legislatures are no reflecting the number of Dayak populations of Sarawak.
Dayaks constituencies are not proportionate to the number of the Dayak community. This has caused the Dayak community to be under represented. The constituencies are being controlled by Party Pesaka Bumiputra Bersatu [PBB]
13.2.2 Quality Political Representation
Discourse.
Lack of representation on the part of the Dayak community is not in numbers alone, but also quality – courage, interest of the people at heart. Most of the Dayaks YBs, with due respect comes for the background whose field of studies are those mostly from the teachingbackground and other less significant fields of studies. Because of their educational backgrounds they could not contribute much to the well-being of the community.
Hierarchy of leadership – loss of effective political leadership.
Historically, some leaders are brave and visionary and stand for political rights. However, these leaders are not favoured by the ruling elite because they could posed challenge to their positions.
13.3 Feudal Politics Practice
Discourse.
One aspect of Malaysian political culture is the patron culture. The subordinates live on the goodwill and the credit of the boss. The over dependence of the subordinate on the boss creates huge advantage by the leader over the subordinates. Whenever, there is conflict at hands, the subordinates are expected to tow the line of their bosses. No questions are asked whether it is right or wrong. All depends on purchased loyalty.
When it comes to decide whether rights of the Dayaks must be protected against the onslaught of government land grabbing, the rest of the ranks and files including leaders from the Dayak community such as YBs, community leaders will have to support the government. Even though they know that their stands are opposed to the interest of their own community.
14. Women
Discourse.
Ketua kaum for Women
The new waves of development now cause problems to the women. More roles for women to come forward to contribute to the native community and society.
15. CULTURE, SPORTS & ARTS
Discourse.
15.1 CULTURE
15.1.2 The native culture is not only it is now having been modified for the political ends of the ruling parties but are also abused and stolen and turn into profit making business by unscrupulous people. At the same time the natives have been deprived of any benefit from culture heritage.
Remedy
These rights and properties must be protected and return to the natives concerned. Law must be enacted to protect them and any income or benefit made from any such customs or culture must be channeled back to the owners.
15.1.2. The various natives have their respective traditional knowledge in the forms of traditional medicines and technology. However, these properties and rights of the native have been and are being stolen by the ruling parties, government agencies and unscrupulous people to make huge profits for themselves.
Remedy
The traditional knowledge and technology must be returned to the respective owners. Any documented traditional and technology shall not give rights to the person compiling or collecting those knowledge and technology. Neither can such a person claim rights to any modified form of medicine or technology rooted upon those traditional knowledge or technology.
15.2 Sport Development among natives is negligible. There is no one who cares for sports development among natives. All depends on the native society but for the own inadequacies and lack of resources nothing can be done about it.
Remedy
All efforts must be made to promote sports among the natives all levels and all places including the towns and rural areas.
All traditional sports of the natives must be documented and promoted among the respective native communities.
III. CONCLUSION
“A NEW ERA AND A NEW DAWN FOR THE DAYAK COMMUNITY”
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