Native Customary Rights Land To Be Surveyed In Sarawak, Malaysia

A prominent native customary rights land lawyer has called on the government to survey native customary rights land according to the interpretation and decision of the Federal Court.

“The Federal Court’s interpretation and decision based on Madeli bin Salleh case against the state government in 2007 which was based on the Nor anak Nyawai case in 2001 is that native customary rights land includes ‘pemakai menua’ (territorial domain), ‘temuda’ (farms) and ‘pulau galau’ (communal forests),” said Baru Bian, who has been defending NCR land on behalf of the natives.

“And for the Malays, the Kuching High Court in the case of Haji Rambli bin Kawi against the superintendent of lands and surveys has decided that swampy areas close proximity to their kampongs to be their native customary rights land,” he said.

“This is the land that they must survey and give titles,” Baru, who is the chairman of Sarawak Parti Keadilan Rakyat said, pointing out that the state government has a different definition of customary right lands as has been implied all these years.

“What I want to hear loud and clear now from the chief minister is to make an undertaking to the people of Sarawak to survey all NCR land. This is what we want to hear from the State government.

“There should be no political rhetoric. The Dayaks have been revolting,” he added and called on the government to allocate more money as the amount of RM20 million is insufficient to carry out survey works.

Baru was commenting on a statement made by Prime Minister Najib Tun Razak in Miri yesterday that NCR land in Sarawak would be surveyed.

Najib had said that the federal government has allocated RM20 million for Sarawak to survey the perimeters of native customary land and will set up a delivery management office (DMO) to supervision all programmes utilizing land.

These new initiatives, he said, supported by the state government, would help resolve native land issues.

Meanwhile, the Sarawak Dayak Iban Association (SADIA) which has been in the fore front in defending native customary rights land from being encroached by big oil palm companies questioned whether Najib’s motive since land is under the State administration.

“If Najib is genuine in helping the NCR land owners, we should welcome his move. But if it is a mere political statement, then we question his motive, because we are too obsessed with political statements regarding the survey of NCR land.

“We have been promised that our land will be surveyed since the time of Naib’s father Tun Abdul Razak as Prime Minister,” said Mujah, Sadia secretary general.

Mujah added: “But why is the government so concerned now? Is it because of the court interpretation of NCR land? Or will it just, as the government’s usual practice, only to survey the ‘payung rumah’ (surrounding of longhouse)?

“If the government is really genuine, then it should accept the people’s community survey which the court has accepted,” he said.

Mujah called on Najib to revisit the formation of Malaysia and the 20-point agreement and to sign the UN declaration on the rights of indigenous peoples (UNDRIP), he said.

Source: The Broken Shield