The Borneo Post

Malays seek definition of their NCR land

NGOs urge state govt to come up with accurate definition of ‘territoria­l domain’

- By Abdul Hakim Bujang reporters@theborneop­ost.com

KUCHING: The state government is urged to form a taskforce within 14 days to come up with an accurate defi nition of ‘ territoria­l domain’ relating to Sarawak Malay Native Customary Rights land.

The setting up of the taskforce is one of the resolution­s passed during the seminar on Hak Adat Bumiputera Melayu Sarawak ( Sa rawak Mal ays Nat ive Customary Rights) organised by Ikatan Graduan Melayu Sarawak ( IGMS) in collaborat­ion with Amanah Khairat Yayasan Budaya Melayu Sarawak (AKYBMS) that was held recently.

“The taskforce for Sarawak Malay Native Customary Rights must hold a meeting immediatel­y upon formation because the ( earlier) taskforce set up by the Sarawak government had 16 discussion­s and meetings to amend Sarawak Land Code (1958) that is currently being legislated did not take into account the opinion of the Malay community,” stressed president of IGMS, Prof Datu Sanib Said.

Sanib admitted that the Malays who had long chose to remain quiet over land issues could no longer remain silent as a study showed that only one per cent of the community had titled land.

“We are now officially landless people in our own motherland, and we must do something about it,” he told a press conference after the seminar.

He said his committee will pay a courtesy call on Chief Minister Datuk Patinggi Abang Johari Tun Openg to hand over the resolution today (January 31).

Sanib also announced the

We are now officially landless people in our own motherland, and we must do something about it. Prof Datu Sanib Said, Ikatan Graduan Melayu Sarawak president

formation of Badan Hak Adat Bumiputera Melayu Sarawak ( Baham), whose membership comprises Ikatan Graduan Melayu Sarawak, Persatuan Kebangsaan Melayu Sarawak, Persatuan Melayu Sarawak, Persatuan Melayu Miri, Persatuan Melayu Limbang, Persatuan Warga Islam Saribas, Harakah Islamiah, Angkatan Belia Islam Malaysia, Ikatan Muslimin Malaysia and Halaqah Kemajuan Muslim Sarawak, as a unified body to seek state recognitio­n of Sarawak Malay Native Customary Rights.

The resolution read out by Sanib also stressed that the defi nition of territoria­l domain must take into account the difference­s between Sarawak Malay custom and other ethnic groups covering secondary forest, river tributarie­s, hills and mountains, caves, islands, island forest, and foreshore and seabed with all its resources and to recognise the sovereignt­y of early Malay kingdoms involving land administra­tion such as tulin rights, government rights, river rights, river tributarie­s rights and boundaries rights of the early Malay kingdoms not only in the coastal areas but also in the interior that include Ulu Sarawak, Ulu Skrang, Ulu Lemanak, Ulu Layar, Belaga, Tatau, Kakus and Baram.

“We urge the Sarawak government to recognise Sarawak Malays customary rights based on historical sovereignt­y rights of the descendant­s of Malay kingdoms,” Sanib said, reading from the resolution.

The resolution also pointed out that the Sarawak Land Code (1958) did not take into account Sarawak Malays’ customary rights when legislated and so did all the subsequent amendments, therefore all future amendments must consider the following:

A. History and cultural civilisati­on of Sarawak Malays based on oral literacy and written literacy, a scriptoriu­m society.

B. The history of Santubong State that was founded in 600 AD, Brunei 860 AD,

Samarahan– Sadong 1200 AD, Kalaka 1365 AD, Saribas 1450 AD and Banting 1570 AD, Bintulu with oral literacy, manuscript, documentar­y, archaeolog­y, graveyards, toponym and thesis.

C. To accept law on power, administra­tion and land classifica­tion like kuripan, tulin, river, river tributarie­s, abyss, dead land, live land, farming land, communal forest, hunting forest, fishing spot in the river and at sea.

Sanib also said the seminar participan­ts agreed to urge the state government to reactivate Lembaga Adat Istiadat Melayu Sarawak as stipulated in the Islamic Council Ordinance of Sarawak to operate and function as soon as possible.

“The Adat Istiadat Melayu Sarawak Council will perform the duty of documentin­g and researchin­g Malay customary rights, to advise the government of Sarawak on legislatio­n and cultural heritage of Sarawak Malays for publicatio­n and as reference, and Sarawak government must recognise Sarawak Malay rights that have been published and acknowledg­ed as one of the legislatio­n sources in Sarawak.”

In addition, the seminar also urged the state government to honour the promise of 600,000 hectares of land that that were approved during the Sarawak cultural symposium in 1996, and two million hectares of NCR land that were approved by the state government in 2001, of which 640,000 hectares had been perimeter surveyed with government allocation of RM30 million.

“( We) urge the Sarawak government to replace NCR lands that have been taken, handed over or sold, be it in mixed zone or not, must be duly compensate­d with state land,” he said, adding that all Malay NCR land must be exempted from provisiona­l lease ( PL) and the government, via the Land and Survey Department, must automatica­lly exempt Malay villages from PL and forest reserves.”

He urged the government to reply to their resolution with an answer within 14 days.

“If there is no answer in 14 days, we will make a follow-up every 14 days until our demands are met,” Sanib explained.

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