‘Committee formed must act speedily’
KUCHING: The setting up of the Pemakai Menoa and Pulau Galau Committee is welcome news to the native community of Sarawak, said Ba Kelalan assemblyman Baru Bian.
However, Baru who is state PKR chairman, expressed his concern that among the members of the Committee were representatives from the Attorney- General’s Office and the Majlis Adat Istiadat but there was no mention of representatives from organisations such as Sarawak Dayak Iban Association ( Sadia), experts including Nicholas Bawin and Jayl Langub, and members of academia.
“It should be noted that the State Attorney General’s Office are the originators of this problem, having opposed the Dayaks and their lawyers in court over this matter and wrongly advising the government,” he said in a press statement yesterday.
Baru, who is a NCR lawyer, was commenting on the state government’s move to form a pemakai menoa and pulau galau committee to ensure that the land issue involving these two categories of native customary rights ( NCR) land can be solved amicably.
Baru noted Deputy Minister Datuk Chief Amar Douglas Uggah Embas who is the chair of the committee’s statement that he would do ‘indepth’ studies on issues related to pemakai menoa and pulau galau.
“I would urge him and his committee not to take too long with this ‘in- depth’ study. It would be advisable for him to look into all the case laws pertaining to these issues, particularly the celebrated case of Nor Nyawai, which is easily accessible.”
According to Baru, the concept of pemakai menoa and pulau galau had already been extensively debated in the courts of law, with references to the history and understanding and definition of native customary rights land from various experts in the field, past and present.
This is a universal concept recognised in other jurisdictions for indigenous groups in those countries, he added.
“Consistent with this development, and notwithstanding the pending outcome of the judicial review in the Tuai Rumah Sandah case, the state government should take cognisance of the accepted universal concept of native customary rights land which includes virgin jungle where indigenous communities forage for food, hunting and fishing, and take steps to formally recognise these rights by legislating on the matter.
“This is the very reason I have made attempts to pass a motion and table a private member’s bill on amending the Sarawak Land Code.”
Baru said many members of the native community had expressed their deep concern over this issue and were looking to Uggah and the new Chief Minister Datuk Amar Abang Johari Tun Openg to resolve the matter.
“Again I wish to say this: there are no two ways about it but to amend the Sarawak Land Code if the State Government is serious about protecting the NCR land of the native community in Sarawak.
“I am aware that some people are concerned that the recognition of such adat (custom) may cause huge areas of land to be subject to claims by the natives. This is not true as claims of NCR land are subject to proof. More importantly the adat must first be recognised and accepted by the powers that be.”
Baru opined that this problem needed to be resolved speedily as it not only affected the native community.
“There is an economic impact as well in the fact that foreign investors may have no confidence in the Sarawak government for lack of adherence to human rights requirements.”
“The government has never really addressed this problem, as shown by the unrelenting appeals filed by the State Attorney General’s office in NCR cases. I hope the deputy chief minister will be able to make some positive changes in this matter.”