NCR land recognition more important than its survey – Baru
THE recognition of Native Customary Rights ( NCR) land by the Sarawak government is a bigger issue than allocation of federal fund for the perimeter survey of the land.
Parti Keadilan Rakyat ( PKR) Sarawak chairman Baru Bian pointed this out yesterday in response to criticism of the absence of specific allocation in the federal budget to conduct perimeter surveys for ( NCR) land.
“The issue of the surveying of NCR land is not as important to the people as the recognition of their native customary rights to their land.
“This is because NCR exists whether it is surveyed or not – its existence does not arise from a survey.”
He was also peeved by those who slammed the federal government for not allocating any fund for the perimeter survey.
Baru, who is Works Minister, said by their criticism, they are implying that the Pakatan Harapan government is not concerned about the NCR of the people and not treating it as an important issue.
In reply, Baru pointed out that land matters are not under the federal government’s purview and the federal government does not have any say in the state land matters and that any federal allocation for the survey was a bonus.
Baru said the muchpublicised survey of NCR land in Sarawak, as he understands it, is carried out under section 6 of the Sarawak Land Code and not under section 18.
He explained that Section 18 is the preferred option as it is personal in nature whereas section 6 is still uncertain in terms of its legal position, that is whether the land surveyed is native customary land, or an area of land gazetted as communal land and deemed to be state land in the first place – because no compensation is payable if the land is acquired.
“I maintain my stand that the state government has not fully recognised the NCR of the natives of Sarawak, notwithstanding the Land Code (Amendment) Act 2018 that was passed in July this year.
The issue of the surveying of NCR land is not as important to the people as the recognition of their native customary rights to their land. This is because NCR exists whether it is surveyed or not – its existence does not arise from a survey. Baru Bian, Works Minsiter and PKR Sarawak chairman
“The state government has not done its utmost to protect the rights of the people, but instead put in a halfhearted attempt, recognising only the usufructuary rights of the people on the land and not in the land,” the Selangau MP said in a press statement yesterday.
According to Baru, the amendment that was passed restricts the ‘adat’ of the natives by putting a limit on the area claimable to a maximum of 1,000 hectares.
“The state government gave the rights to determine the issue of native customary rights to non-native ‘experts’,” he said.
“Lastly, I am very much looking forward to the final decision in the review of TR Sandah in the Federal court, which I believe will eventually reinstate the position of the court in the Nor Nyawai case.”