Kuching (Jan 17, 2012): A well-known native customary rights (NCR) land lawyer Baru Bian today supported a proposal for the setting up of an Indigenous People’s Court in dealing with matters relating to the indigenous people’s customary laws and traditions.
Baru Bian, who has dealt extensively on NCR land cases in Sarawak, said the proposal was most opportune and timely.
Expressing his support to the proposal by Andrew Khoo, chairman of the Bar Council’s Orang Asli’s Rights Committee, he said:”Currently native customary land rights cases are heard in the civil courts where no particular judge is specialised in this area of law.
“To date, I fully commend the judges before whom I have appeared in the conduct of my cases for their earnestness and diligence in understanding all facets of the matters brought up before them.
“However, the setting up of a special court for such cases would be a boon for all parties involved as well as for the judicial system,” he said.
He added:” Judges who are new to NCR cases naturally take time to fully digest and appreciate the issues at hand, and to understand the various terms used in NCR claims.
“They are required to take into consideration the adat or customs and the background of the various indigenous groups who appear before them for redress.
“In terms of time and cost saving, having a specialised court with judges who are fully conversant in such matters, would be enormously advantageous as the time taken to hear cases would be considerably shortened.
“Our clients often have to travel a long way to attend court and can ill-afford frequent visits and long stays in the towns and cities. A specialised court would help to improve their access to justice,” he said.
Baru, who is also the Sarawak PKR leader and State Assemblyman for Ba’Kelalan, said in terms of evidence and procedure, an Indigenous Court should be more friendly and accommodating in their approach, taking into consideration that the courtroom is an alienating and intimidating place for the indigenous people.  
He added more and more native landowners are becoming aware of their rights and the availability of the courts as an avenue for justice where their rights to land have been violated by companies, often with the connivance of those in authority.
“The log book in my law firm for NCR claims has reached the 200 mark, with around 100 active files,” he said, urging the new Chief Justice of the Federal Court to recognise the needs of the native community and to establish an Indigenous People’s Court so that the protection guaranteed to them by the Federal Constitution can be more speedily and effectively enforced.