Forestry Dept says they even refused humanitarian offer of Occupation Permits
Published on: Wednesday, March 22, 2017
Kota Kinabalu: The Sabah Forestry Department (SFD) said no human rights were violated in a demolishing exercise last week as these were not homes, contrary to the villagers' claims, but uninhabited huts (sulaps) of illegal settlers who are, in fact, non-natives of Tongod.It said it was dealing with an illegal settlement in a forest reserve by outsiders who were bent on ignoring advice and kept on encroaching endlessly into the forest reserve vital for future generations of Sabahans.He said an estimated whopping 1,000 hectares had been cleared by these illegal settlers and had to be stopped.
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Sabah Chief Conservator of Forest Datuk Sam Mannan also revealed that the department did try to compromise somewhat with these settlers at Kg Bobotong on humanitarian grounds since 2004, but they refused the department's offer to allow them to occupy the site if they abide by certain conditions."In that year, an attempt was made by the department to compromise with the settlers by offering occupation permits to regularise the illegal usage of forest reserve land and to ensure no further expansion and planting of only approved crops. "Various dialogues were held but to no avail," he said. Some did agree and this helped to reduce the confrontation.He said the Department would continue to engage with the settlers for an amicable solution earlier successfully implemented in places such as Kelawat Forest Reserve, Mangkuwagu Forest Reserve, Lungmanis Forest Reserve and elsewhere.
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"In these other places, permits were issued to accommodate usage but not to extend forest encroachments any further."He said new settlers/encroachments cannot be tolerated as it will send the wrong signals that appeasement is tolerated and those who follow the law will be punished instead and culprits can get away.
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The situation if not contained, will be a 'free for all' scenario.Sixteen out of 60 structures were demolished by the department on March 16, which drew criticism, including from NGO Jaringan Orang Asal Se-Malaysia (JOAS).Mannan said the demolition of the uninhabited huts was a last resort after most of them refused to abide by the conditions to allow them to occupy the area."The department had exhausted all means to bring the encroachments under control. Notice after notice was issued to every hut, sulap and dwelling on the need to apply for the occupation permit or else eviction will be enforced," he said. However, the villagers repeatedly ignored and took the matter to Suhakam, local politicians and also made false claims in social media to gain sympathy.He said the reason they refused was because they did not want to recognise the forest reserve system which was established by law in 1965, notwithstanding the fact that they only came to settle there in the 1990s from the interior and west coast.Another reason, he said, was they wanted to force excisions or may have been promised land titles in the reserve, or possibly instigated and had "help". Mannan said the area in question is part of the large Sg Pinangah Forest Reserve that was gazetted in 1965 which was in pristine condition then. The major part of the reserve had earlier on been licensed to Yayasan Sabah.Large scale logging commenced in the 1970s by various licensees and was gradually phased out except for the Yayasan Sabah area, much of which remains for reforestation, mosaic planting and total protection."These illegal settlers are people with means including retired and serving civil servants. No natives of Tongod are part of the illegal settlers," he said.He said the settlers were directed to leave the area due to its forest reserve status but this was totally ignored. He said the department did not receive support on its actions at most levels at that time, which only encouraged them to be bolder."If anything, the department was directed to stop its enforcement activities, and to acquiesce," he said.He pointed out that the department was even prevented from building its Tongod Forestry Office in 1990. The project could not start as the site had been taken over by the illegal settlers."This was a bizarre situation since the illegal settlers were empowered to evict the government from its own land. This illegal action was nevertheless ignored by people who could have made a difference," he lamented. Some settlers agreed to the occupational permit offer and this helped to reduce the confrontation."However, the majority refused the OP system and insisted on excision for various reasons like NCR, burial grounds and that they had landed there earlier, mostly on false premises, false pretenses and lies.""To make matters worse, forest encroachments expanded and more settlers – usually absentee land lords with land holdings elsewhere – came," he said.Mannan insisted that their appeal to alienate the area must be rejected because they are not the original people of Tongod but aggressive land encroachers who have spread all over Sabah from Mount Mandalom, Sook Plains, Keningau all the way down to Kimanis Highway, Andrassy in Tawau, Silam in Lahad Datu, Lipaso/Tawai in Telupid to name a few."Many are people with means, some with pensions, land elsewhere, sitting on forest lands for free, illegally felling forest reserve trees for house building, perpetual poachers, forest arsonists and so on," he said, adding that because of this Sungai Bobotong is today a green desert with vegetation but only little wildlife.He said these encroachers had deprived the rightful natives who are the original people of Tongod of their legitimate right to have good protected forests for their clean water and sustainable game for own consumption."Injustice and human rights violations will be inflicted on the native people of Tongod in their lands are alienated to non-natives of Tongod. By right, if the occupied lands are to be alienated at all, they should be given to Tongod people only," he said.Stay up-to-date by following Daily Express’s Telegram channel.
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