SARAWAK PKR has endorsed the indigenous people’s peaceful solidarity aimed at pressing for changes to the state’s land laws and the recognition of native customary ownership of land.
The party’s state chairman, Baru Bian, said the twin November 13 rallies planned at the Kuching waterfront and Petra Jaya court complex were a “reflection of the frustration and anger of the native communities at the courts and government’s seeming trampling on their rights”.
Baru, one of the state’s leading native land rights lawyers, said Sarawak folk’s frustration over the loss of their land, particularly the Iban regarding their “pemakai menoa” (territorial domain) and “pulau galau” (communal forest reserve), resulting from the Federal Court’s decisions, was understandable.
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He said the refusal of the government to recognise the “pemakai menoa” and “pulau galau” seemed to be “a betrayal of the natives by those who do not understand, or choose to ignore the customs and traditions of native communities”.
He said PKR was supportive of the rallies, and commended Nicholas Mujah, the secretary-general of the Sarawak Dayak Iban Association, and Nicholas Bawin, a former deputy president of Majlis Adat Istiadat, for coordinating the gatherings.
Dozens of Dayak-affiliated civil society organisations have pledged that they would attend the rallies, which have been approved by police.
The anger of the native communities stems from two Federal Court decisions.
In December last year, the apex court had ruled that the native customary rights of the Dayak had no force of law, and their claims to such rights applied only to 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 Sarawak Land Code protected the indefeasibility of lease titles, even if it has been shown that native customary rights were created over land that was alienated.
The top court ruled that native landowners could no longer claim back their land, but could claim for compensation for their losses.
The Dayak have said they are not interested in claiming monetary compensation, insisting that they get back their land.
The state government has promised to amend the Land Code to address the two Federal Court rulings at tomorrow’s legislative assembly sitting, but the Pemakai Menoa, Pulau Galau Committee, headed by Deputy Chief Minister Douglas Uggah Embas, has yet to recommend amendments to the government. – November 7, 2017.
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