PBDS Baru strongly against setting up of single national land code

KUCHING: The Parti Bansa Dayak Sarawak Baru ( PBDS Baru) is against any proposal to have one national land code.

PBDS Baru vice- president Andrew Puro believes that if what Deputy Chief Minister Datuk Amar Douglas Uggah Embas has mentioned comes to reality, this would be ‘tantamount to genocide’ for the Dayaks – and Sarawakians at large.

He says the suggestion by Water, Land and Mineral Resources Minister Dr A Xavier Jayakumar – as stated by Uggah – to standardise the Sarawak Land Code into the National Land Code, means that all the natural resources onshore and offshore Sarawak would belong to the federal government.

It could also lead to the abolishment of the native customary rights ( NCR) land.

“PBDS Baru in the course of fighting for Dayak rights, which includes the recognition of NCR land to be given titles and the protection of its territorial domains, will protest any attempt by Peninsular Malaysia to have one national land code,” he said.

Andrew said should the proposal get through, things would get even worse for the natives in Sarawak as the National Land Code would supersede all other land codes – possibly resulting in all natural resources in Sarawak to be fully controlled, and large plantation companies from the peninsula taking over the NCR land.

“We have to bear in mind that under the federal constitution, a tribe called Dayak has not been recognised until today.

“Because of that, the ‘Pemakai Menoa’ sand ‘ Pulau Galau’ ( concepts) which were created by the Dayaks, have no force of law,” said Andrew, a former bank officer and also a UK law graduate.

He said the Pakatan Harapan ( PH) lawmaker’s remark on a uniform land code for the nation simply shows that the PH leaders are ignorant of Sarawak’s autonomy and rights over land.

He said the minister ( Xavier) appears to be either unaware of or ignorant about the federal power over the enactment of uniform laws on land, agriculture, forestry and local government, is not applicable to Sabah and Sarawak (as per Article 95D).

Under Article 95E( 3), Sabah and Sarawak are excluded from national plans for land utilisation, local government and development – unless the consent of the Yang di- Pertua Negeri is obtained.

Policies of the National Land Council and National Council for Local Government are not binding on Sabah and Sarawak (as per Article 95E[ 2]).