Suhakam disappointed over Sabah LSD absence

Statements from the Malaysian Human Rights Commission (Suhakam) and the Sabah Land and Survey Department (LSD) on the latter's absence from a seminar in Kota Kinabalu on Thursday didn't quite tally.

LSD director Osman Jamal tendered a public apology late yesterday for skipping the seminar. Earlier, he had confirmed his attendance and promised to deliver a paper on the benefits of communal land titles. This was to have been followed by a 45-minute Q & A session.

Osman said the LSD had sent a letter on Oct 19 to inform the Suhakam office in KK that he could not make it to the seminar.

"Our representative also called Suhakam in KK about the intended absence," said Osman. "We apologise for the absence and any inconvenience caused. It was not done on purpose."

Unavoidable circumstances

According to Osman, he could not turn up at the seminar and deliver his paper as earlier planned "because of unavoidable circumstances". He did not elaborate.

The director claimed that he had already prepared a working paper on the issue of communal titles. Basically, the paper seeks to "educate native chiefs and their representatives at the seminar on the benefits and advantages of communal titles in terms of ownership and future development on the land."

He hopes to attend, "time permitting", if invited in future for a seminar of the same nature. He wants to personally deliver his paper on communal titles.

He could not explain why he did not just sent along his paper for the seminar last Thursday as it could have been added to the proceedings for the information of the public and media.

Suhakam commissioner Jannie Lasimbang (left), in an email to Malaysiakini late Thursday, explained that her office received a letter from the LSD on their intended absence from the seminar.

She did not indicate the date of the letter but added the deputy director who sent the letter stressed that Thursday was not a suitable day and time for them to attend the seminar. He also mentioned "unavoidable circumstances" forcing the LSD to skip the seminar.

"Actually, Suhakam has been in close contact with the deputy director on the seminar and he was positive about it," said Lasimbang in a follow-up. "At no time did he indicate that the time was unsuitable."

Willing to attend

Suhakam had also been in touch with various LSD supervisors in Tongod, Nabawan and other places and they had indicated their willingness to attend.

"On Oct 26 they (the supervisors) wrote to us to say that although they had confirmed their attendance, they were now unable to attend," said Lasimbang. "According to them, the LSD headquarters in KK had informed that that it was not necessary for them to attend the seminar since the time was not suitable."

Lasimbang, continuing, said that Suhakam practically begged the Natural Resources Department (NRD) to send a representative to the seminar "but they too could not send anyone".

"The participants have requested PACOS Trust, an NGO, to prepare and send a memorandum to both LSD and the NRD on their absence at the seminar," said Lasimbang. "This was after Suhakam explained that it would not be proper for us to prepare and submit any such memorandum."

The 130 participants at the seminar, continued Lasimbang, really wanted to know more from the LSD and NRD on the subject of communal titles. "We have tried our best to facilitate this dialogue," said Lasimbang ""Land matters in Sabah are difficult mainly because it's the mainstay of the indigenous people's survival."

She pointed out that Article 26 of the United Nations Declaration on the Rights of Indigenous Peoples states that the indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired, "and the state shall give legal recognition and protection to this".

The Suhakam commissioner has suggested a four-point approach by the state government on communal land titles in line with Article 161A(5) of the Federal Constitution.

The Article provides for state laws in Sabah and Sarawak "to reserve land for natives or to give preferential treatment in regards to the appropriation of land by the state".

The NRD could not be immediately contacted for their comments.