BA Kelalan assemblyman Baru Bian has failed in his attempt to fast forward an amendment to the Sarawak Land Code, as demanded by embattled indigenous Dayak landowners.

The Sarawak PKR chief had sought leave from the state assembly to introduce a private member’s bill to debate the amendment, to give the force of law and recognition to the Dayak customary practice on land ownership.

The amendment was promised by the state government at the assembly’s current sitting, but Deputy Chief Minister Douglas Uggah Embas, who chairs the “pemakai menoa” (territorial domain) and “pulau galau” (communal forest reserve) committee to propose the amendment, said the Federal Court decision on native customary rights (NCR) land last month had set the timetable back.

Baru’s motion to seek leave was dismissed as it violated Standing Order 82 of the legislature, which states that “no member shall appear before the Dewan (legislative assembly) or any committee thereof in any capacity for which he is to receive a fee or reward or as an advocate for any party”.

Speaker Mohamad Asfia Awang Nasser, in rejecting the motion, said Section 31(1) of the Dewan Undangan Negeri Privileges and Powers Ordinance 2007 stated that “no member shall, in the Dewan or any committee, without leave of the speaker or chairman of the committee, raise, articulate or solicit support among the members for any matter or proposal or scheme on behalf of any client or person for which he acts in a professional capacity, or for reward in monetary or any other forms”.

Asfia said Baru was an advocate for NCR land cases, which he had appeared for in the courts.

The speaker said in parliamentary practice, a member was required to declare “any relevant interest or benefit of whatever nature, whether direct or indirect, that he may or may be expecting to have”.

As if explaining the failure of the government to table the amendment, Asfia said NCR was multifarious and multifaceted, and the state government needed time to draft a more comprehensive and in-depth amendment to the Land Code.

In the ensuing voting, all 10 opposition assemblymen gave the nod, while the 58 BN assemblymen who were present voted against it.

Dayak landowners are demanding changes to the land law due to two landmark decisions by the Federal Court.

In December last year, the Federal Court ruled that the NCR of the Dayak’s “pemakai menoa” and “pulau galau” had no force of law, and their claims to NCR land applied only to “temuda” (farmland).

On October 13, the Federal Court dealt a second blow to the Dayak when it overturned the decisions of the High Court and Court of Appeal by ruling that Section 132 of the Land Code protected the indefeasibility of the lease title, even if it had been shown that NCR had been created over land that was alienated.

The apex court ruled that native landowners, therefore, could no longer claim their land back, but could claim for compensation for their losses.

The Dayak have said they are not interested in claiming monetary compensation, and that they want their land. – November 10, 2017.