Jati Miriek is an original indigenous population in Miri city located near the border with Brunei in the northern part of Sarawak. Most of the residents in Miri are Malay descent origin from the tribes of Jati Miriek before the arrival of immigrants from outside who settled in Miri city.

Although there are other indigenous people who also live in Miri, since the first oil well was discovered in Canada Hill many residents have come from outside of Miri division to work with Shell Oil Company which began to operate in the northern region of Sarawak.

Most of the residents in Miri used to work as farmers, fishermen and also worked with Shell Oil Company. Most of the land of Miri residents was originally planted with padi and also bananas, yams and more. This land is called ‘Termuda Land’ because it was originally planted but had been abandoned by the shifting cultivation cycle for the enrichment of the soil and forest conservation.

Land is the only heirloom heritage for the present generation. It is very precious and valuable. Without land it is hard to earn a daily living especially today, as much of the inherited land has been transferred to the capitalists. Before the advent of the British, the Malays had long settled in Miri and they are farmers and fishermen.

The rapid developments in Miri city led to much inherited land changing ownership to the developers. Where is the Malay heritage land in Miri that still exists?

Recently, the original inhabitants of the village of Pujut Tanjung Batu and Pujut Padang Kerbau complained to us that their heritage agricultural land will be taken over by developers.

The developer has issued a reminder notice to the villagers to leave the area and their huts would be demolished within two weeks.

According to a villager who was met, he said they have been exploring and cultivating the land for decades before the arrival of the developer. Why is the developer claiming their land now while before this the villagers had many times applied for the agricultural land, but there had been no answer from the authorities?

The villagers have long been demanding and applying for land titles which has still not been recognised by the authorities, while the developers, who are not native local people, were given the right to own their ancestral land.

A total of more than 300 people who have rights in the land will be driven out of their own land. Where they will survive and seek sustenance through gardening?

Most of the villagers there are farmers and that is the only remaining land to support their family by selling tapioca, yams, bananas, oil palm fruit and other produce from the farm.

If taken over by the developer, they will lose their ancestral lands. Their forefathers had long been exploring the land before the developers came to Miri.

The Malaysian Cooperative Commission has also given a certificate of registration to the Heritage Gardeners Cooperative of Padang Kerbau village. This indirectly entitles the holders to legally own the land, and they are not trespassing as the developer claims.

Who granted NCR land to developers?

Why can the developer also claim the ownership of their land whereas the villagers had long been exploring the land before the developers come? How this could happen and who is responsible for granting the NCR land to developers?

Under Section 2 (a) of the Land Code of Sarawak, native customary land (NCL) is defined as “a land where customary rights (NCR) land has been obtained by communal or otherwise in accordance with the law prior to Jan 1, 1958 and are still legal tender”.

‘Termuda’ lands consists of land that has been planted with crops and land formerly cultivated but abandoned by shifting cultivation cycle for the enrichment of the soil and forest conservation.

The Amendment of the Sarawak Land Code was presented during the state legislative assembly in November last year where Chief Minister Adenan Satem gave an assurance that the amendments will not lead to loss of bumiputera ownership of NCR land because it does not allow the sale and purchase to Chinese or other non-bumiputera.

While the aim of changing the legislation is to facilitate the purchase of NCR land to the so-called bumiputera companies, what if the company does not develop NCR land but instead appoints or finds a company that is owned by non-bumiputera to undertake activities on the land?

Most of the poor bumiputera are forced to sell theirland, property or goods in times of emergency or when they are short of money to get fast cash. Some even had to mortgage the land to earn a little money, for example to finance their children's schooling or to continue their studies and so on.

However, not all the villagers sell their land just to get fast cash, there are also still trying to develop their own land as Pujut villagers. They appealed to the developers not to seize their ineritance land in Miri because this is the only land remaining in the outskirts of Miri city for the original inhabitants of Miri.

We urge the authorities, especially the chief minister, to help solve the problem of Malay heritage land in Sarawak so that it is safe from extinction as a result of rapid development.

We also urge the Malaysian Anti-Corruption Commission (MACC) to investigate how the NCR land, ‘Termuda’ land of bumiputera, can pass to a developer without the knowledge of the original inhabitants.

The villagers will try to prevent developers from encroaching on their inheritance land and they are not willing to lose their land. They do not want compensation because all their crops they have earned have been fruitful, and they want the government to give full land ownership to them.

We hope that the authorities will immediately address these issues fairly and not favour only a wealthy company over the rights of villagers who depend on revenue from agriculture. Without land where they would get earnings?

Will the government be able to sustain their daily lives after they lose their rights? Does the government want to see our own people with no source of income and continue to live in poverty in their own land? We need to save the inherited land of Malay bumiputera from falling into the hands of outsiders.

JOFRI JARAIEE is Sarawak PAS deputy commissioner III-cum-Miri PAS chief.