By Peter John Jaban, human rights advocate.
The Federal Court’s ruling that ‘pemakai menoa and pulau
galau have no force of law in the state would have far reaching implication.
The best solution to the NCR problems is to elect a new
state government so we can amend the land code. But how many of the Dayaks are prepared for a change of
the government?
For one thing, the government could suffer some backlashes
in the general election either this year or next year, because of the court's
decision.
It does seem the Dayak community has been resting on
their laurels and taking things for granted all this while but now that they
are losing their customs and large tracts of their land, they are compelled to
act.
I call upon the people, especially the Dayaks, to take a
hard look at our elected representatives and we ask ourselves what these
elected reps have done to protect out NCR lands from being stolen right under
our eyes?
If they have done nothing, except to take care of
themselves and their position in politics, then it is high time that we
consider voting them out in the next election.
They are of no use to us if they can't protect our NCR
lands and our property from being encroached by big plantation and timber
towkays.
As we are the ones who put up our elected reps to power, we
will also be the ones to bring them down and replace them with people who dare
to fight for our case.
As I said, a good
leader must be the one who is willing to listen to people's grouses and
complaints and then take immediate actions to find solutions.
I notice several Dayak elected reps from both sides of
the political divide appeared to be championing for the customary rights of the
Dayaks after court has made its ruling.
I think this customary rights issue is delicate. If not
handled properly, it may backfire against any of the two groups. The opposition
is now having a field time banking on the issue. Land issue did not work for
them in the past but the court's ruling, perhaps, has given them so much hope.
I also think that the issue will affect the mindset of
the voting Dayak community in future elections. Party loyalty may not have so
much bearing anymore.
I have brought up cases when gangsters were involved in
land disputes resulting in violences and even deaths and I would continue to
bring up such cases which have been reported and to expose those which have not
been reported.
I fear there would more deaths in the future if these
land disputes are not settled properly.
Even before the court's ruling, there have been several
cases of violence being reported involving the Iban landowners and gangsters
hired by plantation and logging companies.
Some of these cases were reported in Ulu Baram, Melikin
(Balai Ringin), Ulu Niah, Ulu Sungai
Arip (Niah) and the murder of Bill Kayong, of course.
We, the Dayaks, are humble people but we can be fierce if
someone takes away our rights
Sarawak is a state with great potential because of what
we have shared with each other, and this includes the contribution of the Dayak
community. We must not forget that.
We must not forget
what makes us Dayak. It is our
Adat. Adat is the link from our past to
our future.
Our land is not
just our property, it is our life. Without our NCR lands , we have no life,
nobody. We will be like living things without any soul.
Our culture defines our identity. If we lose that, then we lose ourselves.
The Federal Court have ignored our Adat in this ruling.
They said the definitions are not clear.
That is because they have used their own world view, not ours. It is up to us here today to make sure that
today’s leaders learn to see ours.
Our Adat was incorporated into the land code by the
British in 1958. But the Sarawak Land Code
was amended again and again since 1958.
With due respect to the learned judges, they lack
understanding of our Adat which we have
been practicing since time immemorial.
The best solution to the NCR problems is to elect a new
state government so we can amend the land code.
But how many of the Dayaks are prepared for a change of
the government? - January 4, 2017
