What's next for the Dayak landowners after they lost their NCR land cases in the Federal Court?

PANTU, December 7, 2017  - About 200 Dayak landowners and community leaders attended a gathering here last week to discuss what actions to take next following the Federal Court's  judgments on some of the high-profile native customary rights land cases this year.

The gathering at Kampong Tekuyong on December 3, 2017

They were from Kuching,  Melikin, Danau Melikin, Tapang Maong, Ensebang Pelaie, Kampung Lebor Gedong, Kampung Bangkong, Sri Aman, Melugu and Simunjan attending the gathering at Kampong Tekuyong.

They expressed their concerns after the Federal Court reversed the judgments of the Court of Appeal and High Court in the Tuai Sandah anak Tubau (Machan, Kanowit), Tuai Rumah Nyutan anak Luking (Kampong Lebor, Serian) and Tuai Rumah Masa anak Nangkai (Pantu) cases.

According to TR Masa:"We have fought  our case since 2004 till today (2017). We have won in the both of High Court and Court of Appeal but suddenly we lost at Federal Court  which ruled that we have no right to our NCR land, but allowed us to receive compensation.

"We lost  because our lands were included in the Provisional Lease (PL) issued by the Barisan Nasional government to plantation companies.

"We do not want compensation. We want our lands back. We won in both of High Court and Court of Appeal. The Barisan Nasional government humiliated the landowners."

According to Jengga Jelli, a representative from Kampung Lebor: "The (Federal) court forced us to take compensation, but we will not accept it and we will not surrender our lands because it is the heritage from our ancestors (since  eight generations ago).

"If we give our plates to other people, how can we eat?

"If the Tabung Haji is sincere enough, they should come to consult with us (villagers) rather than going through a middleman.

"We will not surrender our land. We only allow Tabung Haji to rent our land but everything should be done in a transparent and proper manner."

Micheal Luang shared his experience  when they lost in the High Court recently over their NCR land at the Melikin land district.

The appeal has been fixed for hearing on June 26, 2018.

He encouraged every Dayak landowner  to be brave in defending their the NCR land.

"We have protested against Skim Muhibbah and the BN government withdrew. Now the BN government gave the provisional leases to a company without our consent.

"This is not fair. I urge  Dayak NGOs such as SDNU, SIDS and others should be vocal and daring to speak for the Dayak's rights," he said.

According to Datuk Seri Daniel Tajem Miri:"The British colonial g government  recognised the existence of  NCR land since 1881 and Dayak Adat and NCR lands have  long been existed before British came to Sarawak.

 "The Dayak Adat covers Pemakai Menoa and Pulau Galau where the Dayaks finds wood as materials to build houses, hunt wild boar and other animals and collect wild plants for a living."

Daniel said TR Masa, TR Nyutan and TR  Sandah  wanted to get back their lands.

"The lands that have been taken must be given back to them. For example, in New Zealand, the Maoris have  their lands given back to them.

"The NCR has no expiry date. The BN government has failed to protect the native rights of Sarawak.

"The judicial review does not guarantee that the natives rights are protected because we have won both  at the High and Court of Appeal, but suddenly we lost at the Federal Court."

According to Dominique Ng, the one of lawyers that handling TR Masa's case,  TR Masa won in both of High Court and Court of Appeal, giving recognition to Pemakai Menua (Ancestral boundary) and Pulau Galau (Native Communial Forest) but suddenly they lost at the Federal court.

"The area covering Aping, Tekuyong, Abok and Pantu was gazetted as native area land since 2006.

"The landowners in TR Masa's case not only lost PMPG but also temuda (shifting cultivation land or farming land), pendam (graveyard), tembawai (old settlement) and others," he said.

 According to him, the five Malayan judges who sat in the panel in TR Masa's case have little knowledge on the Adat of the indigenous communities.

He said there should be one judge from Sarawak and another  from Sabah in the panel hearing the TR Masa case.

He also said the loss in the NCR land cases is not the end of the road for the Dayak landowners, but just the beginning in their struggle to defend their lands.