11/7/10 THE DILEMA OF MANAGING THE NCR LAND

(They fell/slahed, burnt, plant, and left fallow for years. That is the nature of NCR traditional farming system. This sometimes being called Shifting Cultivation, Swedish Farming (the Swedish must have been doing the same then!), or Subsistence Farming. If this continue, how could they be in the Main Stream of Development?)

I have, some time ago told a Folk Joke on how the Native subjects (rakyat) of James Brooke would love to be rewarded on the Brooke's Birthday. Let me just summaries this here once again. In those days, James Brooke was referred as Tuan Rajah. On his birthday, it was his tradition to call all his Rakyat Headmen to have BirthDay Party with him at his Astana (palace). At that dinner, he will offer his loyal headmen on anything that of their priority needs or wants.

(1) The first to come forward was an Iban headman who just asked for matured areca (pinang) nuts. He just want to plants as much areca trees as he wish. But of course, such 'naive' request was met with a great smile. And surely, the headman would also love to be granted a right over the piece of land that he planted with the areca palms. And since Sarawak is vast, with still a small population, again Tuan Rajah happily say yes (to buy loyalty in fact)!

(2) A Chinese headman (kapitan) also did asked for simple thing. "Tuan Laja, kasi wa lagang itu gambir sana pasat", translated as "Sir, just grant us to trade at Gambir Bazaar!"; and definitely, Tuan Rajah smiled and noded his head (no cost to him, yet the Kapitan will kowtow with him later)!

(3) Then come a Malay headman: "Terima kasih Tuan Besar, saya dengan rendah hati memohon, agar saya diberi gelaran yang boleh menandakan penghormatan kepada semua kaum saya"; translated as: " Great Thanks To Your Highness, I humbly pray, please consider to award me a title that would be respectfull to my peole!"; so he got his Datuship (with the title, the Malays then submit themselve to him)!

(4) In the case of the Iban headman, that was how Native Customary Righ (NCR) land was created. You fell, you cultivate the land, therefore the land is yours and your generation for ever. This is what is called the Perpetuity Right (Hak Sepanjang Zaman). When Sarawak became Independent, the State Goverment (GOS) honored such privillege of the Native and defined those clearly in the State Land Code. The only different is, James Brooke had never put a cut-off time for it, but the State Land Code placed 1958 as the Cut-off Period for the legitimacy of the establishment of the NCR. This mean, any virgin jungle fell and cultivated after the 1958 is considered an illegal encroachment into the State Right.

(5) Why did the GOS had to make such stance? Whether we like it or not, our population is growing. Our population is a mixed-races. Everyone have equal right to live and to be protected. Land demand for development will be increasing. Certain strategic and courageous measures must be made to make Sarawak Land accessable to all the citizen. As such, NCR claims must be limited to where there are, ie such practice must be put to stop after we are no more the Subject of Brooke: an Independent State. Our destiny must be determined for the good aspiration of all.

(6) Fortunate or unfortunately, there is that die hard sentimental values that continue to stick to our mind and heart. Most natives, doesn't matter what are their ethnic origin, continue to believe that when they fell and cultivate the virgin forest, the land will be theirs, they have the NCR claims over the land. They continue to believe to push the Customary Law to superceed the Civil Law ie the State Land Code.

(7) To me, this is not due to the unawareness of the Law but basically is a matter of one's compliance to the law of greed and indifferent!

(8) With land value increasing over time, the greed over false claims becaming more ramphant. Everybody are trying their lucks. Worst when the Greatest Master of Evil and Greed called Politic come into play. Under the pretex of fighting for the Rakyat, especially among those who could see that NCR as the hot cake, they began to use such an issue as they wish. The true right and morality are secondary, most important is to grab power. With power, one believe they can do anything , and probably even to strip the power of God, or at least the with power, they could be second to God (lovely crack)!

(9) Since in service for the last the 24 years, I had the benefit of indirect and direct dealing on NCR matters. Personally, I also have NCR 'claims', which upon looking into reality and morality, I did adviced all my family not to do so! I'm not the master in NCR matters, but at least, I have my hands on them as well!

(10) It is great that now both the State and Federal Government (GOM), as anounced by Najib and sort of endorsed by Taib, want to resolve this NCR issue, ie giving title to all those land. I hope, I pray this would be the right move. Nonetheless, I would just want to caution of the following potentials implications:

(a) There will firstly be a big quarell over genuine and non-genuine NCR claims, whereby I could foresee both the GOS and the claimants will have to fight their ways to the Court on this, and the cost will be exhorbitant. Who will gain from this quarell? Are we going to spend our resource for good or to fight?

(b) Secondly, there will also be a another worst quarell among the Rakyat. Counter and multiple claims will floorish. The Rakyat probably later will be at no peace (hopefully, headhunting will not recure, due to this quarel and hatred later)! Who will benefit from all these? Do we want our people to focus on development or wasting their energy and resources fighting among themselves? Who will be smiling and clapping their hands?

(c) Even if everything is settled, an issue of Idle Land will be ramphant (look at all those Tilted Land Statewide!). The theory of Land as economic asset, as source of wealth will not really materialise. The rich native land owners will remain que serra serra (habuk duak suduk pun sik ada)! Worst, will there be no infighting among the sucessive generation? What benefit do we get from all these?

(d) As rural demographic is changing fast, rural out-migration becaming faster, soon if really all NCR are surveyd and titled, we would see most of these land will be sold at the disadvantage consideration of the owners. Will the native landowners really going to benefit to what they wish? Let be serious now, never cry later!

(11) In a Malay Word: "DiTelan Mati Emak, DiMuntah Mati Bapak! ie in handling the NCR issue, the Government will always remain as the Underdog, while the opposition will always on the Upper Hand, though they know, if they one day could form the Government, they would also be facing the same problem and dilema. Believe me, just throw this question to those political parties and personalities which (who) once were in the opposition but now are part of the Government system over the matter, their answer definitely will make you smile!

(12) To me, who ever rule the Government, these dilema will be there. Now the oppositions are happily attacking the present Government to comply to all of their beautiful theories, and the present system, whether they like it or not, they seem have to comply with what the people want! My worry, do the people being given all the rationality to decide on what they want? Or are they not merely singing to the other peole song? I strongly believe, but I hope I'll be greatly wrong, everyone will be burnt to suffer, if we rush to go for short cut in managing the NCR!

(13) The foreign NGOs and nationalities are just interested to jump into the van wagon to wack the Government, to me, their motive is not to the real sincerity of fighting for the Native Right, but actually being paid by the Soya Bean, Maize, Sun Flowers, etc farmers! They just can't accept to the fact that their ex-colonized-subjects be better than them!

(14) Then what choice do we have? Let all of us not be too emotional. Let us scan what we have in hand. Let look at Amanah Saham Bumiputera/Nasional (ASB/N) for example. Can't we think on how to manage all these NCR along the same concept.

(a) None of the ASB/N depositor knows where their money being kept or invested. They only have Share Certificate (book). What they know, the One Ringgit they invest, the Principal Value remains, yet annulally they recieved about seven percent dividend and bonus! So what wrong if those NCR land being manage along the same rationale?

(b) Now that, the main issue that we have to explore and work is how to generate liveable income as well as the National Economic Growth from all these NCR land. Here, I'm always looking at the Permodalan Nasional Berhad (PNB) and all those giant public institutions to really 'Focus on Nation Building Spirit' to invest to develop all these lands. Tabung Haji, KWSP, Pensionable Fund, Petronas, Khazanah, etc could offer billions of fund for these. Of course, the return to the development of NCR land wouldn't be as lucrative as developing State Land, but, as I said, let have the spirit of 'Nation Building'.

(c) To all, the so called Professional Accountants and Financial Planners out there, let me throw these simple notions: (i) Nowaday, State Land is becaming scarse resources, so what choice do we have? Are we not too blind to see NCR as our Source of Growth?; (ii) If we are to acquire non-State and non-NCR Land say, for Plantation development, we need to incure at least RM10,000.00/ha on land cost, and this had to be paid upfront. What will this upfront expenditure impact on our Business Cash Flow?; and (iii) I would say, if we are smart, with RM6,000.00 to be spread over five years, we will get majority of NCR landowners be with us. If this is correct, what would be the impact to our Business Cash Flow?

(d) To everybody, I would suggest let calculate our IRR the Japanese Way not the Capitalist American way! Let work on SIRR (Social Internal Rate of Return) rather merely FIRR (Financial Internal Rate of Return). Toyota practiced this, and they are now NABAWAN (No1)!

(e) Handling NCR matters is tough, and need dedication. That is fact. That is the truth. But, let not think of the land, but focus on the Land owners. If we could think good for the people, the land is 'kacang'. Let place the people at heart, truely the people welbeing not merely power and business greed interest!

Kuching, Sarawak
217 July, 2010