The Borneo Post

‘Incorporat­e customs of Sarawakian­s into laws’

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MIRI: PKR Baram chief Roland Engan has called for a holistic reformatio­n in Sarawak, that includes incorporat­ion of all customs of Sarawakian­s, especially those affecting NCR land, into the present legislatio­ns instead of just appointing a Dayak as state attorney-general.

The Kenyah lawyer was responding to the call by lawyer Abun Sui Anyit for a Dayak to be appointed as Sarawak attorney- general ( AG) in a paper presented at the NCR Forum in the state capital last weekend.

“What Sarawak needs now is holistic reformatio­n, that is law reform, political reform, economic reform, social reform etc,” he said yesterday.

Abun claimed that only a Dayak would be able to understand the culture of the natives - their Adat (customary law), customs and traditions, especially in relation to the recent Federal Court ruling that the native custom of ‘pemakai menoa’(territoria­l domain) and ‘pulau galau’ (communal forest) has no force of law.

In a three-to- one decision, the apex court allowed the appeal by the state government and set aside the orders of the Court of Appeal and High Court that recognised native customary rights ( NCR) over ‘ pemakai menoa’ and ‘pulau galau’.

Court of Appeal president Tan Sri Md Raus Shariff who led the three-member panel hearing the appeal explained that although the common law recognised the unregister­ed native customs, the state statutes and orders or proclamati­on made by the Rajahs and subsequent­ly by the legislatur­e of Sarawak did not appear to have recognised the custom or ‘adat’ of ‘ pemakai menoa’ and ‘pulau galau’.

“The present government must have a political will to reform everything under its jurisdicti­on so as to ensure a just and harmonious multi-racial and multi-religious society in Sarawak,” Roland said.

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