ALL of Sarawak’s native land rights activists have endorsed a proposal to hold blockades to protect their native customary rights (NCR) threatened by the government’s lack of recognition of their claims to ancestral land.

“This is one step up from the rally,” said prominent Dayak rights activist Peter John Jaban, referring to the November 13 rally held in Kuching to pressure the state government to amend laws to recognise natives’ land claims.

“The blockades are to smoke out the government and plantation companies, so that quicker action be will be taken.

“Like the anteater, once they are holed up in their burrow, no amount of stomping and beating above ground can make them leave,” Jaban said, using a well-known Dayak hunting practice as an analogy.

“So, you have to smoke them out. The blockades will smoke out the government and plantation companies. Otherwise, it’s difficult to talk to them.”

The blockade proposal was made by former MP Harrison Ngau, an early proponent of the method, which, in the past, has resulted in violent crackdowns by the authorities on native protesters.

Ngau, who was a lawmaker from 1990 to 1995, said NCR landowners should “be ready and prepared for our next major action”, instead of thinking that last month’s rally would lead to the state government agreeing to natives’ demands.

Sarawak natives have been demanding for an amendment to the Land Code to recognise “pemakai menoa” (territorial domain) and “pulau galau” (communal forest reserve) as native customary land.

Currently, the law only recognises such claims over “temuda”, or cultivated farmland.

Ngau called on all NCR landowners to hold blockades lasting one to two weeks throughout the state.

“(Blockades) will affect the pockets of our enemies (plantation companies),” said the Kayan, who was awarded the Goldman Environmental Prize in 1990 for his work to prevent deforestation in Sarawak.

The Goldman Environmental Prize is awarded annually to grassroots environmental activists, one from each of the world’s six geographic regions: Africa, Asia, Europe, Islands and Island Nations, North America, and South and Central America.

Ngau said those who had campaigned against the construction of the Baram hydroelectric dam proved that blockades were still an effective tool.

The campaigners had blocked access to the dam’s proposed site for more than two years, forcing the state government to scrap the project.

Another activist, Nicholas Mujah, agreed with the blockade proposal.

“If that’s the only alternative left, yes, why not? It’s a good idea, now that we have no legal platform to address our land grievances,” he said, referring to two Federal Court decisions that dealt a serious blow to the practice of Dayak land ownership.

In December last year, the apex court ruled that “pemakai menoa” and “pulau galau” had no force of law, and NCR land claims applied only to “temuda” and not forest areas around longhouses.

The Dayak argue that they have customary rights over the “territorial domain” around their longhouses, including the primary forest within that domain, and Dayak land rights activists claim that the court decision failed to take into account the unwritten customary laws of the Dayak.

On October 13, the Federal Court dealt a second blow when it overturned the decisions of the High Court and Court of Appeal by ruling that Section 132 of the Sarawak 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 court ruled that native landowners could no longer claim their land back, but they could claim for compensation for their losses.

Land rights lawyer Abun Sui Anyit said blockades would have a stronger effect than rallies.

“How many rallies can we conduct to make the government sit and take the Dayak seriously?” said the PKR grassroots leader, adding that landowners should not be afraid to resort to blockades to protect their land.

He said if they were arrested for allegedly breaking laws, there would not be enough space in prison to hold all natives.

However, he said, blockades should be implemented only after the three-month period given by last month’s rally organisers to the state government to work out a solution.

The grace period lapses on February 13 next year. – December 15, 2017.