Dayaks taken aback by Federal Court ruling

KUCHING: The Dayaks are taken aback by the Federal Court ruling on Tuesday which says that ‘pemakai menoa’ and ‘pulau galau’ (communal forest reserve) have no force of law in Sarawak.

Shocked over the ruling, DAP Serian branch chairman Edward Andrew Luwak said the court decision would wither the spirit of the Dayaks.

“The Federal Court ruling is shocking to the natives of Sarawak, especially the Dayaks. The joy and happiness of the Dayaks were short-lived by the Federal Court’s ruling,” he said in a press statement received here yesterday.

“Something is not right and I believe the vast majority of the Dayaks feel the same way too,” he said, adding that the native customs and traditions were not recognised.

‘Pemakai menoa’ and ‘ pulau galau’, he said, were the heart, mind and soul of the Dayak community.

“Perhaps, there is a need for a judicial review. This case involves the customs and traditions of the natives of Sarawak. One interesting thing that I notice is that the panel of judges is made up of members belonging to a single community and not from the community in which the case is involved,” he said.

The apex court’s four-member panel arrived at a three-to- one decision - that there was no NCR over ‘pemakai menoa’ and ‘pulau galau’.

This situation, he said, would definitely create a doubt on whether there was real ‘wisdom’ in the ruling.

“Are we not having Chinese, Indian or judges from the indigenous people of Borneo in the panel?

“Perhaps our legal system should be reviewed to accommodate the ‘jury’ system to decide on cases involving customs and traditions of the various communities,” he suggested.

Edward added there were elders from the various communities very well-versed in the customs and traditions of their communities.