Sarawak’s newly-formed committee on territorial domain (pemakai menoa) and communal forest reserves (pulau galau) should quickly resolve issues pertaining to land claims based on native customary rights (NCR), according to People’s Justice Party (PKR) Chairman Baru Bian.
He said many from the indigenous community are deeply concerned over the matter and want the Committee Head, Deputy Chief Minister Datuk Amar Douglas Uggah, and the new Chief Minister Datuk Amar Abang Johari Tun Openg to swiftly act on this issue.
“There are no two ways about it but to amend the Sarawak Land Code if the state government is serious about protecting the NCR land of the native community in Sarawak,” Baru told The Star Online.
“I am aware that some people are concerned that the recognition of such adat (custom) may cause huge areas of land to be subjected to claims by the natives. This is not true as NCR claims require proof.” More importantly, this arrangement must first be recognised by the authorities.
He was commenting on Uggah’s announcement that the state government had established a committee to explore ways to settle land problems involving territorial domain and communal forest reserves.
This follows the Federal Court’s ruling in December that Sarawak’s Dayaks could not legally own both types of properties even if these are situated next to their farms, as there are no existing state rules that recognises such.
Baru, who is also an assemblyman for Ba’Kelalan, said issues over NCR land claims over territorial domain and communal forest reserves should be swiftly resolved as it impacts the native community and Sarawak’s economic development as well.
“Foreign investors may have no confidence in the Sarawak government for lack of adherence to human rights requirements. The government has never really addressed this problem, as shown by the unrelenting appeals filed by the State Attorney-General’s office in NCR cases,” he claimed.
“I hope the deputy chief minister will be able to make some positive changes in this matter.”
Furthermore, he argued that ownership over territorial domain and communal forest reserves by indigenous tribes has been accepted in most parts of the world, as this is the place where they obtain their daily necessities.
“The state government should formally recognise these rights by legislating the matter. This is the very reason that I have made attempts to table a motion and Private Member’s Bill on amending the Sarawak Land Code,” he added.
Image sourced from Getty Images
Diane Foo Eu Lynn, Senior Content Specialist at PropertyGuru, edited this story. To contact her about this or other stories email diane@propertyguru.com.my
