Uggah should expedite amendments to land code before more Dayaks losing their customary rights land

By Nicholas Bawin

This week, the indigenous people of Sarawak have lost at least seven cases in the Court of Appeal on the issue of their native customary rights to land based on the concept of pemakai menoa and pulau galau.

 

Nicholas Bawin: The government should call for the emergency meeting of the state assembly to pass amendments to the Sarawak Land Code to recognise pemakai menoa and pulau galau as customary rights land

The Court of Appeal based their decision on the Federal Court judgment in the TR Sandah case in December last year.

Although I had been made to understand that the TR Sandah decision was not a decisive judgment as there was, in fact, a split in the judgments on the issue of whether the concept of pemakai menoa and pulau galau is recognised in law, it appears that the Court of Appeal felt compelled to follow the decision of the head of the panel in that case.

I am aware that an application has been filed to review the Federal Court’s decision in TR Sandah, but in view of the uncertainty of the date of hearing, and more importantly, of the outcome of that review, it is imperative that the Sarawak government act without delay to amend the Land Code so that the rights of the indigenous people to their pemakai menoa and pulau galau are recognised.

This will be subject to evidence, of course. An amendment to the Land Code would remove any uncertainty as to the recognition of the concept of pemakai menoa and pulau galau.

I therefore humbly urge the Deputy Chief Minister Datuk Amar Douglas Uggah, as head of the taskforce set up by the government to advise the government, to expedite the recommendations, that is, to amend the Land Code so that the recognition of pemakai menoa and pulau galau will be formally legislated.

This is the only way to remove all uncertainty and put to rest the fears and worries of the people.

Having been given a huge mandate by the people of Sarawak, the government is duty-bound to protect the rights of the various indigenous communities.

In my opinion and that of the legal experts in this matter, there is a straightforward and simple solution to this problem that has caused much distress and loss to the people.

I suggest that the government convene an emergency sitting of the state legislative assembly to pass an amendment to the Land Code.

Waiting for the November sitting may cause more people to lose the rights to their lands as there are still cases to be heard in the High Court and the appellate courts. - July 13, 2017

Note: The writer is former deputy president of Majlis Adat Istiadat  and current secretary of Parti Keadilan Rakyat, Sarawak