KUCHING, July 7, 2017 - The state government has been
urged to reinstate Section 5 (2) (f) of
the Sarawak Land Code Chapter 81 to solve the complications over pemakai menoa
and pulau galau faced by the natives in establishing their Native Customary
Rights (NCR) claims.
Parti Bansa Dayak Sarawak Baru (PBDSB) acting Youth chief Rapelson Hamit (picture) said customary rights over PM and PG were established in accordance to the provision of Section 5 (2) (f) which stated that customary rights could be established by “any other lawful method”.
He said the provision was removed through amendments to
the Sarawak Land Code in 2000.
"With the re-instatement, “any lawful method” will give the natives and
exclusive rights to Pemakai Menua
(Ancestral boundary- Iban definition), Pi’muung (Ancestral boundary-
Bidayuh Singai definition), Pulau Galau (Native Communal Forest).
"Customary rights and Adat will then have the force
of law on the natives claim over “Pemakai Menoa” and “Pulau Galau” as native customary rights land," Rapelson
said.
He was referring to TR Sandah Anak Tubau and seven other
landowners over an area in Ulu Machan, Kanowit which they won both in High
Court and Court of Appeal.
However, they lost the case in Federal Court on December
20 last year.
"This is a benchmark decision for natives of Sarawak
through the Federal Court ruling that there is no force of law in Sarawak for
the natives to claim virgin jungle as their territorial domain and communal
reserves as their customary rights lands.
“The outcome of the court case is not only affecting the
Dayaks. This has also greatly affected the other communities, including the
Malay and Melanau.
"For example, the cases of Kampung Lubok Bunting,
Beladin, Kampung Sebat Melayu (Malay community) and Kampung Kebuaw (Melanau
community) are all covered by the Federal Court's ruling.
"In other words, the ruling has affected natives of
Sarawak as a whole” Rapelson said.
Rapelson suggested for Chief Minister Datuk Amar Abang
Johai Tun Abang Openg to table a new Bill in the state legislative assembly to
reinstate the clause Section 5 (2) (f) that was deleted in 2000 following the
amendment of Land Code.
“If Deputy Chief Minister Datuk Datuk Amar Douglas Uggah
Embas and the chief minister are serious
about finding a solution, they should table a Bill to reinstate the section in
the coming session of the state assembly.
"This is should be a solution and they should not
wait until this December” Rapelson said.
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