Group wants Sarawak state reps to oppose Bill to amend land code

KUCHING, July 9 ― A group has urged Sarawak state lawmakers to oppose a Bill that seeks to amend to the Sarawak Land Code relating to territorial domain that the Dayak community has claimed as their customary rights land.

The Society for Rights of Indigenous Peoples of Sarawak (Scrips) secretary Michael Jok, in a letter to all state lawmakers, said as guardians of the Federal and State Constitutions and protectors of the indigenous peoples legitimate rights, they should join civil societies in rejecting the Bill.

He said strong and opposition to the Bill was manifested by peaceful public rallies and demonstration held throughout Sarawak, including in Miri for the past few days.

He said he foresees the rallies and demonstration to continue indefinitely until the government withdraw or abandon the Bill.

The Bill is due to be tabled at the current sitting of the State Assembly by Deputy Chief Minister Datuk Amar Douglas Uggah tomorrow.

“We are joining all other indigenous people civil society organisations and movements, including the Sarawak Dayak Iban Association (Sadia) in opposing the tabling and approving of every provision of this amendment Bill 2018,” Jok said.

He said Scrips opposes the unconscionable proposed statutory definition of the term “native territorial domain” (pemakai menoa) to mean an area or territory having only usufructuary rights.

He said this is repugnant to the meaning legally and universally known to the native customary laws and  judicial interpretation, adding that the amendments to the land code are also unconstitutional, violating Article 13 of the Federal Constitution.

Jok also singled out section 6A(2) of the Bill seeking to limit the areas categorised as native territorial domain to 500 per native community.

“Whatever legitimately belonged to the indigenous community regardless of sizes shall belong to them and shall not be modified or defeasible by any written law,” he said.

Jok said Scrips also opposes 6A(2) that seeks to give power and right of the director of Land and Survey to approve or disapprove or deal with territorial domain (pemakai menoa) that do not belong to the government.

“Pemakai Menoa is native customary rights lands and therefore the role of director as spelt out in section 6A is irrelevant and illegal,” he said.