Thousands of people held a rally at the Old Courthouse near the Kuching Waterfront on Monday (13 November) in a bid to compel the Sarawak State Government to recognise their ownership over land from which their ancestors had depended for a living.
Lead by Sarawak Dayak Iban Association (SADIA), the peaceful protest was participated by several non-governmental organisations (NGOs) and other indigenous groups like the Melanau and Malays.
According to the rally’s organising secretary Mark Bujang, the objective of the assembly is to urge the state authorities to return their ancestors’ land. They also want the government to recognise communal forest reserves (pulau galau) and territorial domain (pemakai menoa) as part of their Native Customary Rights (NCR). Without legal recognition, these land without deeds are owned by the state.
“The customary practice of pemakai menoa and pulau galau has been used by the Dayak since time immemorial, but it is not included in the Land Code. We want the amendment to make the practice very clear,” explained Nicholas Bawin, one of the main organisers of the protest.
Notably, the protestors are giving the Sarawak State Government a deadline of three months to act on their demand to incorporate these into the Land Code.
“We want a response, and for the government to give its commitment that the amendment will be made at the next sitting of the state assembly,” Bawin noted.
Previously, land rights lawyer and Parti Keadilan Rakyat (PKR) Chief Baru Bian sought to amend the Land Code through the state legislative assembly. However, it was rejected by all 58 Barisan Nasional assemblymen due to technicalities, while all 10 opposition lawmakers supported it.
In addition, Bujang revealed that some indigenous people in the state are filing legal cases to reclaim the land held by their ancestors, as they think that their property rights are not being safeguarded.
“We have fought quite a number of cases,” said Mark Bujang. To date, out of more than 400 NCR land cases, 10 are still being deliberated by the court, while three had been dismissed.
Peter John Jaban, a spokesman for the group, earlier revealed that native landowners have lost 14 legal cases to the State Government and plantation companies since December 2016.
Some of these involved customary land that have been transformed into state leases and occupied by plantation firms. While the owners could not get back their land due to the Federal Court’s December 2016 ruling, they must be properly compensated for the loss of their properties.
Meanwhile, one of the most important event in the rally is the submission of a memorandum signed by native chieftains across Sarawak that formally calls for revising the Land Code. It was intended for the Kuching Government, but was received by Security personnel Ramli Kadir of the State Operations Room.
Jaban explained that it is important to amend the law, especially in regards to including provisions that communal forest reserves (pulau galau) and territorial domain (pemakai menoa) are part of NCR land, following the sad ruling of the top court.
Last December, the Federal Court reversed the decision of High Court and Court of Appeal, with three in favour and one opposing magistrate.
Basically, the majority ruled that the native Dayaks cannot invoke their NCR to claim ownership over pemakai menoa and pulau galau. The NCR applies only to farmlands or ‘temuda’.
“The indigenous communities are disappointed with the apex court’s ruling that pemakai menoa and pulau galau are not customary lands since they do not have any force of law,” he noted, adding that the ruling will impact 200 similar cases pending before the court.
This was the decision reached after the Sarawak State Government filed an appeal with the apex court on a case submitted by headman Sandah anak Tabau and seven other native landowners from Ulu Machan, Kanowit.
Image sourced from The Malaysian Insight.
This article was edited by the editorial team of PropertyGuru. To contact them about this or other stories email editorialteam@propertyguru.com.my
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