Chong pinpoints Sacofa as direct beneficiary of RM1 billion for ICT

April 5, 2017, Wednesday

KUCHING: The state government’s announcement that RM1 billion would be used to upgrade the information and communications technology (ICT) infrastructure and to build 5,000 telecommunications (telco) towers is another mega project to be directly awarded to a Barisan Nasional (BN) crony without tender.
         In stating this, Bandar Kuching MP Chong Chieng Jen who is DAP Sarawak chairman pointed out that the development of ICT infrastructure could be carried out without the rent-seeking and profiteering elements of Sacofa Sdn Bhd.
      “Yet the state government chose to allow Sacofa to profiteer on this RM1 billion allocation. This will result in higher costs and less effective results,” he said in a press statement yesterday.
        Chong, who is also Kota Sentosa assemblyman, said at the moment only one company in Sarawak has the full authority on the control, construction and licensing of ICT infrastructure – namely Sacofa.
     “When Sacofa Sdn Bhd was set up in 2001, it was merely incorporated as a regulatory body, fully-owned and controlled by the Sarawak government. Our state law was amended to give Sacofa the full power to regulate and control all ICT infrastructures in Sarawak.
     “Subsequently, Sacofa involved itself in the building of telco towers and then, other ICT facilities like the laying of fibre optic cable network.”
        According to Chong, the state government even took up massive loans to build up the business of Sacofa.
      “In 2015, the state government sold 50 per cent stake in Sacofa to CMS Group at way below the fair price of the company. The transaction was completed in 2016.
“Immediately thereafter in early 2017, the government announced a RM1 billion allocation for the development of ICT infrastructure project in Sarawak.”
        Chong said the chronology of events surrounding Chief Minister Datuk Amar Abang Johari Tun Openg’s announcement was just so coincident that it strongly suggested all was planned to allow CMS Group get the biggest cut from the award of the RM1-billion projects.
     “DAP fully supports the development of ICT infrastructure in Sarawak. However, we object to the way the state BN government goes about doing the said development because the government is giving a private company the power to regulate and monopolistic rights over the development of ICT infrastructure.
     “With such regulatory and commercial rights in one company, the state government, when it allocates RM1 billion to develop ICT infrastructure, is effectively giving Sacofa a blank cheque of RM1 billion to do as it likes, or to build 5,000 telco towers as and where it decides.”
        He regarded this as tantamount to transfer of the executive power of an elected government to a commercial company.
      “It is just like what happens before; i.e. the state government, via one single contract, appoints Titanium Management Sdn Bhd to build more than 300 bridges (as and where it decides) in Sarawak. This entails higher costs to the government and ultimately, higher costs to the people of Sarawak.

施志豪：砂可立公投法 为何交由联邦决定？

2017年5月5日

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(本报古晋5日讯)除了国会之外﹐州议会也是可以制定公民投票法令的立法机构﹐所以在砂拉越立法议会拥有相关权力的前提下﹐2017年公民投票法案又为何应该在国会提呈﹐并反让国会代为决定砂拉越的命运﹖

对此提问﹐砂峇都林当区州议员施志豪今早于砂公正党实旦宾服务中心召开的新闻发布会上发言时﹐先是引用澳洲的议会制度来进行说明﹐以从中解说澳洲议会制度与我国相关制度相似之处。

与澳议会制度类似
他说﹐澳洲的国会称为联邦议会﹐而该国的新南威尔士州﹑维多利亚州﹑昆士兰州﹑南澳大利亚州﹑西澳大利亚州﹑塔斯马尼亚州等6大州﹐以及澳大利亚首都领地﹑澳洲北领地等两大领地﹐则个别拥有自身的立法议会。

“澳洲的联邦议会﹐等同于我国的国会﹐而澳洲的州或领地的立法议会虽称为国会﹐则等同于我们的州立法议会。”

他透露﹐澳洲的相关制度与我国相似﹐而两国的州﹐也均拥有特定的自主权。

他重申﹐该些与州属权益有关的立法权限﹐则理应属于州立法议会。

他因此反问说﹐在关注砂拉越的自主权及权益的情况下﹐2017年公民投票法案又是否应该在联邦国会寻求通过﹖

“如果我们关注砂拉越的自主权及权益的话﹐我们是否在拥有相关立法权力的前提下﹐反交由联邦国会决定我们的命运﹖如果要捍卫砂拉越人民的权益的话﹐为何我们不自己立法﹐而是要留待联邦国会为我们做决定﹖”

区内课题进行公投
他说明﹐除了国会之外﹐州议会也是可以制定公民投票法令的立法机构﹐而在美国﹐当地的地方政府甚至也可立法﹐以在管辖区内就特定课题进行公民投票程序。
为此﹐针对砂革新党主席徐丽娜提及他欲在砂拉越立法议会中提呈《2017年公民投票法令》私人法案令人感到困惑﹐并认为国会才是提呈该项法案﹑以拟定相关联邦法令之正确地方的说法﹐他就反驳说：“指称国会才是通过相关法案之正确地方的说法﹐是不正确的。”
他更认为﹐或许是该名政治人物对澳洲的相关制度感到混淆﹐所以他希望透过今日的说明来导正有关人士的想法。

阿都卡林政见不同
另一方面﹐在被询及身为砂国阵助理部长的拿督阿都卡林也对其欲提呈私人法案的做法不表赞成的问题时﹐他只回答﹕“我相信他（拿督阿都卡林）了解相关的公民投票法﹐因为他是一名律师﹐但或许是政见不同﹐他才会向我泼冷水。”

Mycomments：
是时候拒绝再参与所谓的“国选” 了。 如果大家有心把砂拉越重建砂拉越为[国]的地位。请别作贱堂堂的砂拉越国。 这是3国联邦，被被个人利益熏心而[国州]不分。参与马来半岛11州国会就是做贱砂国。是时候沙巴和砂拉越退出所谓的“国会”别再放纵自己了。那些官爷为了官位不断的违宪出卖砂权益。 砂沙这么多年来去，就是因为我们砂的官爷们跟UMNO-BN狼狈为奸干得[好事]。这所谓的“ 联邦‘”就锁颈砂国让我们动弹不得。

是时候正名砂为国。 将要来临的所谓‘国选’大家都拒绝投票。 这关系就切断了。砂沙未来的走向是在沙砂人的手里。 我们大家真的要sehati-sejiwa来开始了

吁首长正视 印花税收入归砂所有

2017年5月5日

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(本报古晋5日讯)土地隶属砂拉越事务﹐而宪法也阐明﹐砂拉越有关土地的印花税税收理应是归砂拉越政府所有﹐所以新砂首长必需认真看待有关事项﹐并确保联邦政府将有关税款归还给砂拉越政府。

砂峇都林当区州议员施志豪是在今早于砂公正党实旦宾服务中心召开的新闻发布会上发言时﹐如是做出呼吁。
他说﹐其在上一次的州立法会议中提呈了一项与砂拉越印花税有关的书面问题﹐并在上个星期收到了有关问题的书面回答。
10年缴付2亿税款
他透露﹐其当初就向当时的砂财政部部长提问道﹕“过去10年里﹐自砂拉越的土地转让﹑抵押及其它土地相关处理事项所征得﹑并缴付给联邦财政部的印花税税款共有多少﹖而争取将该印花税税收归还做为砂拉越收入的协商工作目前进展如何﹖”
他披露﹐根据其所取得的书面回答﹐在过去10年（即2006年至2015年期间）﹐缴付给联邦财政部的砂拉越印花税税收﹐共有2亿零546万1243令吉43仙。
“该书面回答也透露﹐砂拉越政府与联邦政府就将有关印花税归还给砂拉越的协商工作仍在进行当中﹐并还在留待联邦政府做出决定。”

他透露﹐已故砂首长拿督巴丁宜丹斯里阿迪南沙登也曾经在州立法会议中带出有关事项﹐并要求联邦政府将有关税款归还给砂拉越政府﹐而他则是因为有关事项迟迟未有下文﹐才会提出有关疑问。
需大笔经费发展砂
他也对现任砂首长兼砂财政与经济策划部部长做出的书面回答表示感谢﹐并且不忘注明﹐有关事项将是砂拉越人民所关注的。
他更促请砂首长认真看待有关事项﹐并确保联邦政府将有关税款归还给砂拉越政府。
“但是自54年起﹐有关税收都是由内陆税收局负责征收﹐但是却从未归还给砂拉越。”
与此同时﹐他说明﹐在发展砂拉越﹐以确保其与国内其它州属取得同步发展方面﹐砂拉越将需要大笔经费的资助。
“在让砂拉越与其它州属取得同步发展方面﹐我们需要经费﹐但我们不能只靠砂拉越的储备金。这（砂拉越的印花税）税收是我们应得的﹐我们要要求联邦政府归还﹐以让我们有更多收入来进行该些有助发展砂拉越的策略性计划。”
他还指出﹐保守估计的话﹐自1963年至今﹐砂拉越的印花税税收金额应该至少有10亿令吉。

Mycomments：
拒绝继续被掠夺。是时候采取行动了吧！  请设时限！ 准备向联合国投诉！ 这是让砂人民感到无限可耻的事。

Brazilian Dam Causes Too Much or Too Little Water in Amazon Villages

By Mario Osava Reprint |      | Print | Send by email |En español

A chicken coop in the village of Miratu, flooded because the Xingu River rose much more than was announced by Norte Energía, the company that built and operates the Belo Monte hydroelectric plant, whose main reservoir is some 20 km upstream from the Juruna community in Brazil’s northern Amazon jungle region. Credit: Mario Osava/IPS

ALTAMIRA, Brazil, Apr 1 2017 (IPS) - The Juruna indigenous village of Miratu mourned the death of Jarliel twice: once on October 26, when he drowned in the Xingu River, and the second time when the sacred burial ground was flooded by an unexpected rise in the river that crosses Brazil’s Amazon region.
Their cries are also of outrage against the Norte Energía company, the concession-holder for the Belo Monte hydroelectric dam, which determines the water flow in the Volta Grande stretch of the Xingu River, a 100-km area divided in three municipalities, with five indigenous villages along the riverbanks.
Jarliel Juruna, 20, was very good at what he did: catch ornamental fish, which have been increasingly scarce since the dam was inaugurated in November 2015. Apparently the need to dive deeper and deeper to find fish and help support his family contributed to the fatal accident, according to his siblings Jailson and Bel.
The company had ensured that the rise in water level in that area would be moderate, since the flow was divided between the Volta Grande and a canal built to feed the main Belo Monte generating plant, near the end of the curve in the river known as Volta Grande or Big Bend.
The markers showing how high the water would rise were surpassed early this year, due to heavy rains and a limited diversion of the water to be used by the hydroelectric plant, which will be the third largest in the world in terms of capacity once it is completed in 2019.
The unexpected rise also caused material losses. Boats and equipment were carried away by the high water. “My manioc crop was flooded, even though it was on land higher than the markers,” said Aristeu Freitas da Silva, a villager in Ilha da Fazenda.
Despite the excess of water, this village of 50 families is suffering a lack of drinking water.
“The river is dirty, we drink water from a well that we dug. The three wells drilled by Norte Energía don’t work because the water pump broke eight months ago,” said Miguel Carneiro de Sousa, a boatman hired by the municipality to ferry students to a nearby school.
The school in Ilha da Fazenda only goes up to fourth grade, and in Brazil education is compulsory up to the ninth grade.

Bel Juruna, a Juruna indigenous leader from the village of Miratu along the Volta Grande of the Xingu River. The 25-year-old woman is an impressive voice in the defence of indigenous rights, against the Belo Monte hydropower plant and inefficient government authorities, in this territory in Brazil’s Amazon region. Credit: Mario Osava/IPS

Deiby Cardoso, deputy mayor of Senador José Porfirio, one of the municipalities in Volta Grande, admitted that water supply is a municipal responsibility, and promised that the problem would be resolved by late April.
He did so during a Mar. 21 public hearing organised by the public prosecutor’s office in the city of Altamira, to address problems affecting Volta Grande. IPS attended the hearing as part of a one-week tour of riverbank and indigenous villages in this area.
Taking over the Xingu River for energy purposes, to the detriment of its traditional users, such as indigenous and riverine peoples, has cost Norte Energía many obligations and complaints in its area of influence in the northern state of Pará, where local people sometimes confuse its role with that of the government.
The company is required to carry out a plan for compensation and mitigation of social and environmental impacts, with conditional targets, and the number of complaints about non-compliance is increasing.
Local residents of Ilha da Fazenda had reasons to complain at the hearing. The health post is filthy and abandoned, the ambulance boat has a broken motor, and the electricity produced by the village generator is only available from 6:00 to 10:00 PM.
The deputy mayor accepted the complaints about the delays, which he said were due to the short period that the municipal government has been in power, since January.

The unkempt health post in Ilha da Fazenda, one of the villages on the banks of the Xingu River affected by the construction of the Belo Monte hydroelectric plant, in the state of Pará in Brazil’s Amazon region. Credit: Mario Osava/IPS

But holding the key to the Xingu River, opening or closing spillways and activating or shutting off its turbines, Norte Energía dictates the water level downstream, especially in the Volta Grande. At the hearing, it seemed clear that they do it without considering the human and environmental impacts.
“The water level drops and rises all of a sudden, without warning,” complained Bel Juruna, a 25-year-old community leader and defender of indigenous peoples’ rights who talked to IPS during the visit to the village of Miratu.
“These abrupt fluctuations in the volume of water released in the Volta Grande produce changes in the water level in the river that confuse the aquatic fauna, disoriented by the availability of space to feed and breed,” said ecologist Juarez Pezzuti, a professor at the Federal University of Pará.
And once the hydroelectric plant starts to operate normally, the water flow will be permanently reduced, he added.
The local people are informed daily, through phones installed by the company in many houses, about the volume of water that enters Volta Grande. But this information about cubic metres per second means nothing to them.
“The information has to be useful,” adding the water level in the river in each village, the local indigenous people told the authorities present at the hearing, who included prosecutors, public defenders and heads of the environmental and indigenous affairs agencies.
There is a “failure of communication” that Energía Norte needs to fix, it was agreed during the hearing, where there were no representatives of the company.

Indigenous houses, practically submerged by the unexpected rise of the Xingu River. These traditional houses of the Juruna people give support to the “canoada”, a tourist and political event that the native people organize each September along the Volta Grande, in the northern Amazon state of Pará in Brazil. Credit: Mario Osava/IPS

Safety of navigation is another demand by the Juruna and Arara native people, who live on the banks of the Volta Grande. The damming of the river exacerbated the “banzeiros” (turbulence or rapids), which have already caused one death, early this year.
The local indigenous peoples are demanding large vessels, one for each of the five villages, to cross the reservoir to Altamira, the capital of the Medio Xingú region, without the risks that threaten their small boats.
They are also asking for support equipment for the most turbulent stretches of the Volta Grande, from August to November, when small dangerous rocky islands emerge due to the low water level.
The reduced water flow has made navigation difficult in the Volta Grande, the traditional transport route used by local people, increasing the need for land transport.
An access road to the routes that lead to Altamira is a chief demand of the Arara people.

Related IPS Articles

• Indigenous People in Brazil’s Amazon – Crushed by the Belo Monte Dam?
• Fishing Families Left High and Dry by Amazon Dams
• Deforestation in the Amazon Aggravates Brazil’s Energy Crisis
• Integration and Development Brazilian-Style: More IPS Coverage

“It was a condition of the building permit for Belo Monte, to this day unfulfilled. We have been waiting for that road since 2012,” protested José Carlos Arara, leader of the village of Guary-Duan.
They rejected the handing over of a Base of Operations that Norte Energía built for the National Indian Foundation, the state body for the defence of indigenous rights, to protect their territory. “With no land access, we won’t accept the base, because it will be incomplete,” said Arara, supported by leaders of other villages.
To improve territorial protection and the participation of indigenous people in the committees that deal with indigenous issues and those involving Volta Grande within the programmes of compensation and mitigation of impacts of Belo Monte is another common demand, submitted to the hearing in a letter signed by the Arara and Juruna people.
The need for protection was stressed by Bebere Bemaral Xikrin, head of the association of the Xikrin people, from the Trincheira-Bacajá indigenous land.
Since mid-2016, the waters of the Bacajá River have been dirty, which has killed off fish. The reason is the “garimpo” or informal surface mining along tributary rivers of the Bacajá, on the outskirts of the Xikrin territory.
And things will get worse with the construction of a road to bring in machinery for the garimpeiros or informal miners, if the Protection Plan, which was to be ready in 2011 “but hasn’t made it from paper to reality, is not fully implemented soon,” said Bebere Bemaral.
The Xikrin people do not live along the Volta Grande, but everything that happens in that stretch of the Xingu River affects the Bacajá, a tributary of the Xingu, which this people depend on for survival, he explained.
The rivers which were the lifeblood of local indigenous and riverine people became a risk factor with the implementation of a hydropower megaproject, to which could be added the Belo Sun mining project, also on the banks of the Volta Grande.

My comments:

Are Bakun Dam, Murum dam and Batang Ai dam causing too much water or too little water to the villages, towns and cities in Sarawak?  Check and see.

 

Teng, Soo agree on supremacy of M’sia Agreement 1963

April 24, 2017, Monday Lim How Pim, reporters@theborneopost.com

      Soo makes references during her talk. — Photo by Tan Song Wei

KUCHING: The Malaysia Agreement 1963 (MA63) or Federal Constitution, which is supreme?
   
This question was raised during the ‘Sarawak Rights’ forum jointly organised by Sarawak for Sarawakians (S4S), Sarawak Dayak Iban Association and Kuching Traditional Handicraft Society at Kenyalang Theatre here yesterday.
Former assistant minister Datuk David Teng, who was one of the three speakers at the forum, said no constitutional laws should supercede the special rights enshrined in MA63.

He stressed that it all depended on the subject matters since the agreement was signed way back in 1963.

“Not all rights are special rights, which the Federal Constitution should not take away. There is no way MA63 can cover everything as there are new things along the way.”

To another speaker, president of State Reform Party Lina Soo, there will be no Malaysia without MA63.

“If there is no Malaysia, there won’t be any Federal Constitution. Therefore, MA63 is the fundamental constitutional document before anything else.”
Earlier in her talk, Soo quoted the United Nations (UN) as saying that colonies were not empowered to sign any international treaty.

When MA63 was signed among the five signatories, she pointed out, only two of them were independent countries.
“The five signatories were Britain, Federation of Malaya, Singapore, Sarawak and Northern Borneo. Of these, only Britain and Federation of Malaya are countries (independent) while Singapore is a self-governing state and Sarawak and Nothern Borneo were colonies.
“Federal Constitution can be amended but MA63 cannot be amended unless all signatories go back to the negotiating table,” she said, adding that laws could not be passed in contravention of MA63.

At a question-and-answer session, she was asked whether MA63 was invalid since it had been signed by two colonies.
To this, Soo said the UN had stated that only nations could sign international treaties while colonies were not empowered to do so.

“It is like a nine-year-old who signs an agreement, which is not valid. Malaysia is a political reality. Whether the agreement is valid or not, only the court can decide.

“I believe this MA63 can be challenged in the British Court, a proceeding that will cost RM2 million.”

Responding to the same issue, Teng said MA63 could have been signed between independent nations Britain and Federation of Malaya.

The international treaty, which carried signatories of colonies such as Sarawak and Northern Borneo was one way of Britain showing the world that the colonies also indicated their consent, he said.

“Britain is one of the cleverest colonial governing nations. When Sarawak and Northern Borneo also signed the international treaty, they would say ‘You people also agreed’.

“Legally speaking, the lawful signatories should be only two — Britain and Federation of Malaya.”

透过SACOFA建信息技术设施 张健仁：典型的官商挂钩

2017年4月8日 南砂

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(古晋7日讯)行动党古晋市国会议员兼哥打圣淘沙州议员张健仁认为﹐砂州政府透过SACOFA有限公司发展信息技术基建设施领域的模式，本身就是最典型的官商挂钩、朋党运作的生意模式。

张健仁列出几项该运作模式的朋党因素：
即SACOFA有限公司是一件私人公司，其50%的股权是由CMS集团所持有，公司运作也是由CMS集团控制；SACOFA是砂州信息技术基建设施领域的总监管人，而其本身也涉及该领域的工程的承包商业活动；砂州政府拨出10亿令吉巨额进行信息技术基建设施的发展，基本上就是由该公司全权负责管理。
他今日文告指出，在任何的先进国家，都不可能会有一间私人公司，即是一个商业领域的总监管机构，却同时也在该领域进行商业活动。自己监管自己的工程，这是最基本，最原始的官商勾结利益冲突的例子。

他透露，目前，所有的电讯公司，在砂州都不可拥有它们本身自己的电讯塔或不准安装它们本身的电讯传播仪器，除非它们得到SACOFA的书面准证，而要得到这准证﹐就必须还该公司准证费。

电讯公司需缴准证费


他也透露，过去一些电讯公司所建的电讯塔，或它们所安装在它们租借的一些店屋屋顶的电讯传播仪器，在砂州的法律下都变成非法建筑，除非它们得到SACOFA的批准，包括付还昂贵的准证费。
他表示，如果SACOFA是全属砂州政府的公司，这种商业运作模式顶多是干涉自由经济活动、妨碍市场自由竞争，造成低效率的经济资源分配。但是，如今该公司已是一间私人公司，由CMS集团控制。
“SACOFA在去年被CMS收购并接管之后，短短一年的时间，砂州政府即公布将拨款10亿令吉发展信息技术基建设施，并将建5000支电讯塔。”
建议3措施避免垄断
张健仁质问阿邦佐，如果他还要更多的证据确定这是否是朋党运作，阿邦佐只需问：谁决定建电讯塔的地点？谁委任承包商建电讯塔？以及，谁决定这些承包商建电讯塔的价钱？他也说，砂州政府所拨的这10亿令吉发展信息技术基建设施的拨款，最终也将是由CMS集团操控。
他建议，若阿邦佐真的要取走在发展信息技术基建设施领域的朋党元素，他必须落实以下3个措施：
1.取消SACOFA的监管信息技术基建设施的权力；
2.取消SACOFA在信息技术基建设施发展的垄断权，并开放这领域给其他建筑公司或电讯公司直接与政府交涉；及
3.设立一个政府机构管制信息技术基建设施领域的全面发展策划和招标程序，并成立一个由朝野议员所组成的砂州议会特选委员会，监督该政府机构。
“唯有落实这3项措施，砂州的信息技术基建设施才能在更透明、公平及有效的制度下发展，而政府的10亿令吉拨款才不会又一大部分被‘干捞’掉。”

Mycomments：
砂拉越要进步，我是100% 肯定要崭新的政府，一切都是以砂国为主的政府。 UMNO-BNised 的政客绝对不可能为砂国带来好处。过去50多年的情形，就是我们的见证。 大家请在2021年，我们一起来换政府吧。 这所谓的“国选”只是官爷们的利益和好处。我们砂拉越好多权益就是被这些“国会议员”走狗一一典当掉。 大家还很热情去“国选”吗？ 我应该不会砸破[诺言]自投罗网去帮错忙。一错再错又错。 够了吧。  我们大家在砂拉越国选时，换个政府，来个了断。 我们砂拉越人才有明天，后天和未来。砂的未来是在砂子民的手中。 我们人民一定要合作和团结。

张健仁反对朋党公司垄断 提升网速工程应投明化 诗华日报4月4日讯
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