SARAWAK Deputy Chief Minister James Masing has received angry backlash from native land rights activists and social media users over his reaction to the Federal Court’s decision last Friday.
The Federal Court ruled that indigenous Dayak landowners cannot reclaim their native customary lands once they have been leased out by the state government but could claim compensation for their loss.
Masing had in his comments on the court decision said “laws are designed for the betterment of human beings, (but) if they do not achieve that end, then the laws are wrong and should be amended”.
Native land rights advocate, Abun Sui Anyit, then told Masing to “stop talking and start acting” on the government’s promise to amend the Sarawak Land Code.
The promise came after Dayak landowners were dealt their first blow when they lost their rights to thousands of hectares of forests around their traditional longhouses – the pemakai menoa (territorial domain) and pulau galau (communal forest reserve).
The Federal Court in a pivotal judgement in December last year ruled the native custom of pemakai menoa and pulau galau has no force of law in Sarawak and the claim to lands under native customary rights (NCR) by the Dayaks apply only to a limited area of farmland (temuda).
“My response to Masing is take the appropriate action and quickly,” Abun, who is also PKR Hulu Rajang divisional head, said.
“Convene an emergency sitting of the state legislative assembly to save the NCR lands. The native landowners, they’re not interested in compensation. They want their land.”
Abun said Masing could lead the move to amend the land code, an apparent slight to the state’s other deputy chief minister, Douglas Uggah, who had been tasked to look into amending the Land Code, particularly on the recognition of the customs of pemakai menoa and pulau galau.
Uggah had been accused of being slow.
The amendment, which was expected to take place at next month’s sitting of the assembly, had been delayed.
Abun said last Friday’s Federal Court decision was a “new shock to native landowners”.
“After having lost their pemakai menoa, pulau galau in an earlier decision, they are now losing their NCR land.
“I feel like crying in pity at those who are simply ignorant of the impact the decision has on them.”
Abun said if the government failed to reverse the situation, “this BN government will be remembered as the government that extinguished the native customary rights of the Dayaks”.
Nicholas Bawin, considered the foremost of the state’s native land rights activists, blamed “our own people, especially those who collaborate with certain authorities (in) taking our rights”, the “biggest culprits” for the current situation.
“We cannot wait for those who can help but refused to help.
“It has to be you, the NCR landowners plus all of us to stand together courageously, firmly with full determination to defend our rights,” Bawin said.
He said they should continue to fight for their rights even if it takes a hundred years.
He pointed to the Aborigines in Australia, the Maoris in New Zealand and other indigenous peoples in other countries who took hundreds of years to fight for the restoration of their rights.
“If they could do it, I am pretty sure we can do it too.”
Social media users too vented their anger at Masing, who before the May cabinet reshuffle, was the land development minister responsible for all large scale plantation in the state.
A Facebooker who goes by the name Ben Wong told Masing to “don’t just talk” while “Jong FC” echoed the sentiments Abun and of many when he said Masing should amend the land code and “don’t treat the natives like kids”. – October 16, 2017.
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