‘Federal Court’s NCR ruling a wakeup call for Dayaks’

KUCHING: Sarawak for Sarawakians ( S4S) group leader Peter John Jaban said the Federal Court’s ruling that the native customary rights ( NCRs) of ‘pemakai menoa’ and ‘pulau galau’ have no force of law in the state would have a far reaching effect in the state.

Peter said that the government could suffer some backlash because of the court’s decision.

He said the Dayak community had been resting on their laurels and taking things for granted but now that they are losing their customs and large tracts of their land, they are compelled to act.

Several Dayak elected representatives from both sides of the political divide appeared to be struggling in claiming back their community’s rights over the land lost through the Federal Court’s ruling, Peter observed.

“I think this issue is delicate. If not handled properly may backfire against any of the two groups. The opposition is now having a field time banking on the issue. Land issue did not work for them in the past but the court ruling perhaps has given them so much hope.

“I also think that the issue will affect the mindset of the voting Dayak community in future elections. Party loyalty may not have so much bearing anymore.” said Peter when yesterday.

He also brought up cases when gangsters were involved in land disputes resulting in violence and even deaths and added that he would bring up such cases that were reported and expose those not reported.

On Dec 20 three Federal Court judges ruled that NCR of ‘pemakai menoa’ and ‘pulau galau’ are local customs that have no force of law but one dissenting judge said custom and practices are given the force of law by virtue of Article 160 of the Federal Constitution.

In a related development lawyer Baru Bian has said that he would be filing for the review of the contacted federal court decision before different panel of judges.

This Saturday a group of Dayakbased NGOs will be holding a workshop at MHotel here on NCR land issues.

The resolutions from the workshop would be presented to the Chief Minister’s Office.

Meanwhile Chief Minister Datuk Patinggi Tan Sri Adenan Satem last month said that he would meet Dayak leaders over the NCR issues but did not say who these Dayak leaders would be.

Observers believed that the chief minister meant Dayak elected representatives within the Barisan Nasional ( BN) as he is the state BN chairman.