All aspects looked into: SAPP

Meanwhile, SAPP Supreme Council member Peter Marajin said Herbert is either ignorant or was asked to bark at the moon.

He said the hundreds of land grabs over NCR lands, which Suhakam had recorded at more than 834 cases, happened outside the FMU areas and nothing to do with forest reserves.

There were many other cases, yet to surface like Kg Mapat in Banggi, Lorol Kecil in Kudat among others, he said.

Marajin said that in fact Section 23,24,25 and 26 of the Sustainable Forest Management Agreement (SFMLA) recognises and protects NCR. "FMUs did not create new forest reserves. FMUs only covered the existing forest reserves at the time," he said.

He said it seemed that the present State BN government had introduced a new "ruling" based on the recent statement by State Attorney General Datuk Roderic Fernandez when he stated that there is a cut off date for NCR land claims that is by 1930.

Marajin said there is a strong possibility that the State Government would be influenced with Fernandez's opinion since he is the highest legal officer of the State Government.

Marajin reiterated that the FMU policy under Yong's Cabinet then had taken into consideration all aspects of development in the FMU areas including the interest of NCR, the community development, employment and training for local people and basic infrastructure and social development are incorporated in the SFMLA.

The relevant Clauses provided under the SFMLA which clearly state that the native rights are well protected under the policy are:

 

Section 23: The rights and privileges of the natives under the existing laws and regulations, including Customary Law, are not affected or limited in any respect under this Agreement. The Licensee shall recognise such rights and privileges including, without limitation to those relating to entry into the Licensed Area to collect certain wood species and exploit Minor Forest Produce (as allowed and defined in the Forest Enactment 1968 and Forest Rules 1969) for its own personal use and not for business purposes.

Section 24: The Licensee shall assist the Government in the implementation of community/labour welfare schemes within or adjacent to the Licensed Area. The welfare scheme would, interalia, include -

a) establishment of work place for the community;

b) development of education and medical facilitiesi

c) provision.of aommunication facilitits; and

d) active participation in the community development projects.

Section 25: The Licensee will take appropriate steps to employ bumiputras in accordance with the National Development Policy. 

Section 26: The Licensee shall employ Malaysian Nationals with specific preference to Malaysians of Sabah origin to perform all work and to render all services within Sabah, except to the extent that the Licensee shall reasonably demonstrate to the satisfaction of Government that qualified and suitable Malaysian Nationals are not available there of.

Not with standing the foregoing, the employment of non-Malaysians is subject to the approval of all State Federal Government Departments/ Agencies having jurisdiction with respect thereto. As a condition precedent to the Licensee’s right to demonstrate that Malaysians are not available, the Licensee shall prove that it has conducted and is continuing to conduct a broad and vigorous recruiting and training programme for Malaysian personnel.

Daily Express

Sunday, February 26, 2012

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