S’wak PH reject Land Code (Amendment) Bill to be tabled in State Assembly today
KUCHING: The Sarawak Pakatan Harapan (PH) yesterday voiced their rejection toward the Land Code (Amendment) Bill 2018 (LCAB) scheduled to be tabled in the Sarawak State Assembly today.
The bill is crucial in the state government’s effort to amend the state’s Land Code as a way of resolving the ‘Pemakai Menua’ (communal forest reserve) and ‘Pulau Galau’ (territorial domain) issues, particularly in its definition which is said to differ among the Bumiputera communities in the state.
Sarawak’s Pakatan Harapan Deputy Chairman Baru Bian said the bill failed to recognize and affirm the fundamental characteristic of the ‘pemakai menoa’ and ‘pulau galau’ as affirmed by the landmark cases by other jurisdictions.
He said LCAB specifically provides for the recognition of “usufructuary rights” only, which is defined as “rights or privilleges exercised or enjoyed by a native community over a native territorial domain to forage for food including fishing and hunting”.
“...the aboriginal people’s right included an interest in the land, and not merely an usufructuary right, which denotes only right on the land,” he said in a press conference at the sideline of the State Assembly sitting here yesterday.
“Secondly the extent of the area allowed to be given to the native community under this concept is limited to 500 hectares only. It is our stand that NCR land, or Pemakai Menoa and Pulau Galau cannot be restricted or limited to an area defined by the authority,” he added.
Baru who is also the Works Minister said the extent of the said territorial domain should be in accordance with the area that the natives had continuously occupied since the time of their forefather to this day.
Baru said the LCAB also provides that application for the recognition of the territorial domain is made through the Superintendent of Land and Surveys and to be approved by the director of Land and Surveys.
“Our stand is that the determination of custom or adat of the native peoples of Sarawak cannot be made subjected to nonnative or a person who does not have the knowledge of the “adat”. In this regard our proposal for the setting up of an Indigenous Land Commission consisting of those expert in the native custom and the adat to deal with this issue should be the proper thing to do,” he said.
“We note the positive aspect of the proposed amendment on the perpetuity aspects of the title to be issued over the territorial domain, but this by itself could not justify the absurdity of the main aspects of the amendments as alluded to the above,” he added.