KUCHING, July 11 — Deputy Chief Minister Datuk Amar Douglas Uggah Embas sobbed during his defence of the state government’s decision to table the Land Code (Amendment) Bill, 2018 at the Sarawak Legislative Assembly today. 

He asserted that the Bill seeks to rectify shortcomings in the existing written land laws of Sarawak relating to pemakai menoa (territorial domain) and pulau galau (communal forest reserves). 

He said specifically the laws did not expressly stipulate the existence of pemakai menoa, pulau galau or the equivalent native territorial domain of other communities. 

He said that this has affected the recognition accorded to pemakai menoa and pulau galau as native customary rights (NCR) land. 

“The shortcomings in our laws are manifested in the judgement of the Federal Court in the case of Director of Forests, Sarawak and State Government of Sarawak vs TR Sandah anak Tabau and 7 Ors, delivered on December 20, 2016. 

“In this case, the Federal Court ruled that the native customs of pemakai menoa and pulau galau, although practised by the Iban communities, have no force of law in Sarawak,” he said.

Uggah said the Federal Court’s decision presented the state government with the opportunity to review the existing laws relating to the acquisition of rights to land based upon the customs of the native communities in Sarawak.   

He described today as a historic moment for the natives of Sarawak because they are finally going to see the light of day in respect of native land rights with the tabling of this amendment Bill.  

“The landmark outcome of this proposed Land Code (Amendment) Bill, 2018 is to enable native communal title in perpetuity to be issued over an area to be described as native territorial domain. 

“Most governments where indigenous communities exist give usufructuary rights to their inhabitants on areas traditionally occupied by them, but here in Sarawak, under Gabungan Parti Sarawak (GPS) government, territorial domain is to be given the force of law and legally recognised as having a proprietary right.  

“Document of title will be issued to the community concerned to protect their territorial domain,” he said, adding that this nullifies the views expressed by some so-called champions of native rights, keyboard and armchair critics and state Pakatan Harapan.

 Uggah said those who opposed the provisions of the Bill were all driven by their own selfish and malicious political agenda. 

He said that their contention that the GPS government is only giving usufructuary rights to native territorial domain and thereby eroding the natives of their native customary rights land is totally misleading and mischievous. 

“This proposed amendment proves them all totally wrong,” he said. 

Uggah said the other significant amendment is the reinstatement of Section 5(2)(f) of the land code, which is a general and saving provision allowing for the creation of customary rights over land.  

He said there was much uproar among the native communities when Section 5(2)(f) was deleted by the 2000 Amendment as it was perceived to be an attempt to remove and restrict their rights to create customary rights over land. 

“With this Bill, this provision has now been reinstated into the land code,” he said.