Committee lauds CM’s plan to meet Dayak leaders over ‘pemakai menoa’, ‘pulau galau’ ruling
MIRI: The Baram Protection Action Committee ( BPAC) welcomes Chief Minister Datuk Patinggi Tan Sri Adenan Satem’s plan to meet Dayak leaders with regard to the Native Customary Rights ( NCR) ruling on ‘pemakai menoa’ (territorial domain) and ‘ pulau galau’ (communal forest reserve).
“It (meeting) should include Dayak leaders who are knowledgeable in ‘adat’ (custom) irrespective of their political affiliations. Dayak academicians, lawyers, professionals and nongovernmental organisations ( NGOs) should also be included,” BPAC chairman Philip Jau Ding said at a press conference on the matter here yesterday.
The BPAC, said Philip, also proposed for the exclusion of the officers from State AttorneyGeneral’s Chambers from the meeting as it was their argument in court that had led to the controversial decision.
BPAC also called for the State Legislative Assembly to pass immediately a motion to amend the existing laws to incorporate ‘ pemakai menoa’, ‘ pulau galau’ and other definitions similar to the two terminologies based on the concept practised by the indigenous people in Sarawak. The State Land Code must be amended to incorporate and legalise ‘ pemakai menoa’ and ‘ pulau galau’ to the effect of the two terminologies having the force of law.
“State and federal governments respect, recognise, restore and protect indigenous rights, especially the ‘adat’ and customary rights to lands, resources and territorial domains,” Philip added.
Recently, the Federal Court ruled that botn ‘pemakai menoa’ and ‘pulau galau’ had no force of law in Sarawak.
In the three- to- one decision, the apex court allowed the appeal by the state government and set aside the orders of the Courts of Appeals and High Court that recognised the NCR over ‘pemakai menoa’ and ‘pulau galau’.
“We view this decision as a bad and wrong decision – one that does not take into consideration the existence of customary practices of ‘ pemakai menoa’ and ‘ pulau galau’, which has been in use since time immemorial,” said Philip.