Sarawak natives’ long wait for communal land title may soon be over

KUCHING, July 4 — The much-awaited Bill to amend the Sarawak Land Code seeking to accord legal recognition to ‘pemakai menoa’ (territorial domain) and ‘pulau galau’ (communal forest reserve) as native customary rights (NCR) land will finally be tabled at next week's state assembly sitting.

Copies of a Bill to amend the land code have already been distributed to state assemblymen.

The Bill seeks to define the term "native territorial domain" and be recognised and given the force of law.

The Dayak communities have demanded over years that the state government recognise ‘pemakai menoa’ and ‘pulau galau’ as their native customary rights land.

The Federal Court, in a landmark decision on December 20, 2016, had backed the state government's refusal, when in its ruling over a NCR land case, said native customs had no force of law over lands the natives claimed as their territorial domain and communal forest reserves.

Following the apex court's decision, the state government formed a NCR land taskforce to review the Land Code related to the two categories of land so as to resolve the problems.

One of the new provisions is Section 6A(1) which seeks to allow any native community to apply to the divisional superintendents of Lands and Surveys for areas to be declared as their territorial domain.

However, the areas they apply for must not be more than 500 hectares and must be adjacent to the areas which have been declared as NCR land before January 1, 1958.

If their applications are approved, the superintendent will issue a ‘Native Communal Title’, describing the area as a native territorial domain that will be used exclusively by the native community for agricultural purpose or such other purposes as may be approved by the state government.

The Bill says that areas declared as territorial domain will be issued with the title in the name of person or body of persons as trustees but without the right of sale or disposal.

The Bill also seeks to amend Section 28 of the Land Code relating to the issuance of provisional leases by the state government to oil palm plantation or logging companies.

Section 28(e) of the Bill states that any land held under native customary rights created under Section 5 or native territorial domain under Section 6A shall be excluded from the area covered by the provisional lease.