Why Communal Titles are a blessing
Published on: Saturday, October 14, 2017
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LAND can be a precious commodity, especially where there is an increasing population or when the economy is well managed and vibrant as it has been in Sabah for the last 10 years.
In such an environment, over time and with financial stamina, owners of land, especially strategic land, will benefit greatly from appreciation. Better still if the owners can add value to their land with development for housing, commercial or resorts.
Land is a critical asset in any person’s investment portfolio and is one of the best mediums for handing assets down to the next generation. It has a great deal of emotional, financial and political dimensions.
The pace of development in the last 10 years in Sabah has been the most impressive in our history.
KK is now a gateway and international city. Industry, especially in downstream of oil and gas is forging ahead.
Tourism is booming, hotels are enjoying sky high occupancy and many new hotels are coming up.
SICC is at an advanced stage of completion. This relatively vibrant economic scenario despite uncertainties in the global economy, has pushed up prices for land with strategic locations for commercial, housing and tourism development.
The quality of administration of land or otherwise are good indicators of the quality of political leadership.
Bad, greedy leaders will alienate land for themselves, their families, their cronies or sell to large corporations at the expense of those who need land most, that is the poor farmers. Tan Sri Harris had reserved more than 900,000 acres for all landless Sabahans with 15 acres to be allotted to each head of family.
Had his successor carried out his scheme, every Sabahan, especially the poor rural farmers would have at least 15 acres to work on to earn an income. The economic situation of the rural farmers would have been vastly different. Those responsible for disposing these 900,000 plus acres should explain to the people where have all this land gone to and who have benefitted.
Many Natives, driven by poverty and in desperation, have been forced to sell their holdings to non-Natives, be it for agriculture, commercial or housing. Those who have a tendency to be over critical of our native brothers and sisters should appreciate their dire financial circumstances. Land sales are short term solutions to their financial problems for they would not have land to earn an income afterwards. There are many cases of these landowners becoming destitute soon after sale. This is a serious social problem that Tan Sri Musa has addressed with his Communal Land Titles initiative.
I had the opportunity of discussing the concept of Communal Land Titles and its positive economic impacts for the Natives in Sabah with the Director of Land and Survey Department, Datuk Safar bin Untong recently.
This idea of Communal Land Titles was the creation of Musa in response to the serious social and economic challenges of many Natives becoming landless after sale of the land.
Datuk Safar said that up to now, more than 10,000 families have benefited from “Musa’s Communal Land Title” initiative. On average of 5 to 6 persons per rural family, Musa’s idea has helped between 50,000 to 60,000 Natives already. Datuk Safar has confirmed that it is Musa’s instruction to continue the issuance of more Communal Land Titles. Therefore, many more thousands of Natives and their families will stand to benefit.
The Communal Land Titles have been made much more effective by Musa’s another initiative of assisting the Natives to develop these Communal Land Titles. This innovative initiative is not a “I do for you and you relax”.
It is to assist them to help themselves to develop these Communal Land Titles so that these Natives can be brought up to the “take off” stage. These Natives who have been granted with Communal Land Titles cannot sell their land but at the same time, can derive an income from it.
It is like having the cake and eat it at the same time. Or simply put, this is a “once in a life time windfall” for the Natives of Sabah. The concept of Communal Land Titles, coupled with development of high-value crops will go a long way to eradicate rural poverty.
Safar has also pointed out two very important under-appreciated points in the Sabah Land Ordinance.
The Sabah Government’s concern for the Natives is exemplary. No other state in Malaysia is so caring.
The Sabah Land Ordinance has this following provision: -
“(2) Any native who holds his land under customary tenure without documentary title may be required by order of the Collector in writing to take out title by entry in the Native Title Register and to pay the prescribed fees for such title.” In sharp contrast, Natives in other states with claims on customary rights have tremendous difficulty in getting their rights registered. Most never get it during their life time.
The Sabah Land Ordinance also has this very important point which all NT landowners should take notice:-
“Use of land for agricultural purposes.
(2) Land which is to be or has been alienated under this Part or under similar part of any previous Land Ordinance shall not be used for other than agricultural purposes except with the permission of the Minister who may impose additional premium or rent or add or substitute such terms and conditions as he may think fit.”
Many well to do, educated Natives can, under this provision, apply to the Minister for change of use without having to apply for conversion.
I have belaboured the above caring attention by the Sabah Government for the Natives of Sabah because they now have the best opportunities to maximise their land assets.
All that has been put in place to assist the Natives to develop their land proves that Sabah has, by far, the best land practices in Malaysia, especially the Communal Land Titles. I am not qualified to make this claim.
This is the conclusion of Tan Sri Razali, who was a former highly respected diplomat, UN Permanent Representative of Malaysia and who is now the Chairman of Human Rights [Suhakam].
This is what Tan Sri Razali said in a Human Rights function in Ranau on 11 October 2017.
1st quote: “The speed and efficiency shown in the issuance of the communal titles in Ranau represent some of the best practices among all the states in Malaysia”.
2nd Quote: “The communal titles assist the residents by preventing their lands from being taken by large corporations”
Tan Sri Razali also gave high praise and pledged his support for the Lands and Surveys team from Sabah on the issuance of Communal Land Titles as part of his human rights campaign. Safar was in attendance personally to answer questions and queries from the Natives who have become proud owners of the Communal Land Titles.
Now, in comparison of the way our Natives in Sabah are being cared for and those in Sarawak.
Natives in Sarawak do not, I repeat, do not have any title or NT to their native land.
What they have is vague ownership called Native Customary Rights, because there is no title for Sarawak NCR.
The Sarawak Natives do not know where the boundaries are or the size of their land.
If they claim 10 acres ownership, they could end up with 1 acre or in some cases, nothing after fighting other claimants in the court.
Every claim of NCR has to be settled by the Court. Also, as far as I know, there are no NCRs in or near town.
Sarawak Natives do not own any valuable, strategic NTs which have potential in housing, commercial and tourism development like Sabahan Natives.
The Natives in Sabah are very lucky in that they have titles to their land, this ownership is being enhanced by Musa’s Communal Land Titles initiative plus assistance from the Sabah Government to develop their Communal Land Titles. Very importantly, many Natives own land around population centres and can therefore enjoy land appreciation and/or make extra profits by developing it.
Highlighting the plight of the Sarawak Natives is the Federal Court decision delivered on 13 October 2017
[just 2 days ago]. THIS CASE EMPHASISES THE PRECARIOUS AND SHAKY POSITION OF SARAWAK NATIVES’ OWNERSHIP OF NCR LAND IN SARAWAK WHICH SABAHAN NATIVES WILL NEVER HAVE TO FACE BECAUSE THEY HAVE NATIVE TITLES AND COMMUNAL TITLES! Briefly, this case involves headman Nyutan Jami, Ganga Guma and Langga Kama representing 183 villagers who sued the Land Custody and Development Board, Nirwana Muhibbah Sdn Bhd and state government. Their NCR land has been converted to a lease by the state government body for plantation. The Sarawak natives have lost the case and their land.
[http://www.themalaymailonline.com/malaysia/article/federal-court-rules-native-land-cannot-be-restored-after-lease-conversion#pfzV0v841sq2kjFy.97]. As this is a Federal Court decision and is therefore a legal precedence, Sarawak Native owners of NCR land face a bleak future.
Sabah Natives will never have to face uncertainties, anxiety or challenge over their land ownership like the Sarawak Natives because they have their Native Titles and now even better secured by the Communal Land Titles.
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