Civil society coalition to support NCA judicial review
KOTA KINABALU: Thirteen civil society organisations (CSO) have come together as an alliance to voice its support for the Nature Conservation Agreement (NCA) judicial review that is now scheduled for deliberation by the High Court of Sabah and Sarawak on April 17.
“We believe a judicial review can provide some of the facts and resolution sought by Sabahans on the contentious NCA.
“It is vital that our state institutions follow proper administrative and legal process for Sabah’s development rather than risking being steamrolled by private and political interests,” said Cynthia Ong, spokesperson for the CSO alliance
A judicial review enables a court to examine the conduct of an administrative agency - in this case, the relevant agencies of the Sabah government - to see whether they have acted within the scope of their lawful powers.
A petition for a judicial review on the NCA was filed by indigenous rights activist, Adrian Lasimbang in 2022. This filing led to the official disclosure of documentation on the controversial NCA that had been secretly signed in October 2021. The disclosure confirmed the accuracy of leaked details
We believe a judicial review can provide some of the facts and resolution sought by Sabahans on the contentious NCA.
Cynthia Ong
and is in line with the Attorney General’s Office’s description of the NCA as being “lopsided”.
Lasimbang also argued that the document trail makes clear why there is a strong case that the NCA infringes on Native Customary Rights, as well as suggesting other ways in which the signing of the NCA may have been irregular.
In support of the intention behind the judicial review, the alliance submitted a formal application to appear as ‘Amicus Curiae’ to the High Court on 14th December 2023.
Amicus Curiae is a Latin legal term which means “friends of the court”, where representation from the alliance may be allowed as they are party to a strong public interest in the outcome despite not being involved in the legal suit.
By discretion of the High Court, representation from the alliance could assist deliberations by providing technical information on matters under review.
The High Court has yet to make a decision on whether it will invite the alliance to appear in this capacity at the hearing in April.
In December 2023, four Special Rapporteurs of the United Nations formally wrote to the Malaysian Government, querying numerous aspects to the agreement in the light of international norms and law.
Malaysia’s Ambassador and Permanent Representative to the United Nations in Geneva, Datuk Nadzirah Osman, has responded, alongside the Sabah Government, to assure the United Nations that the NCA is on hold pending resolution of various matters and that it was not the intent, in signing the NCA, to repress and diminish the rights of native Sabahans.
Press reports in March 2024 indicate that a potential NCA pilot site had been identified (Nuluhon Trus Madi Class One Forest Reserve), but that Hoch Standard, the Singaporean company, had still not provided the State Attorney General with documentation required for standard due diligence.