Friday, June 27, 2008

3.) III. LAND

III. LAND

I now go on to the next most important area of my speech, that of Land. Again the BBS have a policy which calls for nothing short of a revolution of the Concept of Land in Sarawak!


10-POINT LAND POLICY OF THE BARISAN BERSATU SARAWAK
THE RETURN OF LAND TO SARAWAKIANS


Preamble: We the Barisan Bersatu Sarawak (BBS) acknowledges and recognises that all lands in Sarawak belong to the people and that the government only holds the land in trust for the people. In this respect if elected, a BBS government will put as its top priority the passing of the relevant laws that will return all lands to the people of Sarawak


1. The term “state land” ought to be changed to “people’s land” or “tanah rakyat”. This will reflect the original and traditional status of land in Sarawak, which is that land belongs to the people and not to the government, except for “waste or unoccupied lands”.

2. Land ought to be made available to all landless and needy Sarawakian families. NO Sarawak families should become squatters in their own land.

3. All residential lands should be issued with grants in perpetuity and other categories of lands, for 999 years. All lands currently held with 60 or 99 year lease periods should be automatically converted to lands with such leases, with no further payment of premiums except for a nominal administrative charge.

4. We are totally opposed to the BN government’s imposition of high premiums on the renewal of leases, with a minimum of 25% (for agricultural lands), to 60% (for residential lands) and up to 75% (for commercial lands), of the current market value. A BBS government will abolish such premiums.

5. All NCR lands must be surveyed and proper titles issued to the rightful owners. NCR must be accorded with full and complete recognition under the Sarawak Constitution and such other Laws like the Sarawak Land Code.

6. A Native Customary Rights Land Commission should be set up to identify, determine and settle all NCR lands issues and it should be vested with powers to issue full titles to the NCR land owners.

7. The BBS undertakes to have a complete review of the Sarawak Land Code, with firm objectives of removing all “anti people” and unjust provisions that are designed to confer arbitrary powers on authorities like the State Planning Authority, which has now the power to take away land from the people and give it to those who are well connected with the government of the day.

8. There ought to be a Land Acquisition Ordinance in Sarawak in order to regularise and to ensure that Land Acquisition in Sarawak will be properly carried. The current practice of a declaration under section 48 (of the Sarawak Land Code) which is of the government’s intention to resume land, imposes hardship and causes blatant injustice to the land owner as there is no time limit. As such no such declaration should be allowed to be valid for more than 2 years.

9. Land of any category of holdings may and should only be acquired for truly public purposes (and not at the whims and fancy of any person) and be properly and fairly compensated by the government. No persons may be deprived of their lands without fair compensation. This is a constitutionally guaranteed right.

10. No land should be acquired without the affected land owner having been given the opportunity to be heard first, and the government must be required to justify its acquisition.

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