The Malaysian Insight (12/11/2017) - Land rights groups and opposition parties are rallying Sarawakians to turn up at a rally tomorrow to urge the state government to amend the land code to protect native rights. 

Tomorrow’s protest against land policies currently in place, which many say exploit Sarawak’s greatest resource, is drawing associations, organisations and representatives from across the political divide. 

The gathering will take place either at the Kuching Waterfront near the Old Courthouse or at the new courthouse in Petra Jaya, where the Tuai Rumah Sandah case was decided on last year, setting the precedent for a string of 14 losses by indigenous communities in land cases since. 

The Sarawak Dayak Iban Association (Sadia) and other indigenous communities urged “any concerned Sarawakian who feels the injustice of the current land policies” to turn up. 

“We expect a large crowd. You will see logos and banners from so many organisations showing the huge range of groups that feel strongly about this issue. There are so many interested parties who are campaigning on this same issue,” Peter John Jaban, an event organiser and Sadia member, said today.

Joining the rally are opposition parties DAP, PKR and Parti Bansa Dayak Baru (PBDS Baru), among others. The rally will end at 2pm after a memorandum is presented to the Sarawak state assembly by 12 paramount chiefs.

Peter said the groups were protesting against the intrusion of West Malaysian firms into developing and owning native land, sometimes forcibly. 

“West Malaysian groups, like Felda and Tabung Haji, are now gaining a foothold in the state in preference over indigenous landowners. 

“This is a reflection of current land management policies that promote large-scale plantation companies over empowering smallholders and community cooperatives, and Land and Survey Department procedures have been steadily altered to implement this,” he said. 

Peter said the focus of the protest would be the Sarawak Land Code, which has been amended several times in the last few decades.  

“However, there is still incredible confusion over the legal position, especially of pemakai menoa and pulau galau.  Any indigenous person in the state understands that these two ideas as among the most important parts of our Adat,” said Peter.

“And yet, even though the Adat is law in Sarawak under the Native Courts Ordinance 1992, we now have a Federal Court judgment stating that they have no force in law. 

“It is no wonder that every Dayak feels frustrated and angry that this central part of the customary law and ancient practice has been cast aside. It is as if the most important part of our culture and practice has no meaning in the state we belong to.”   

Section 5(f) of the Land Code 1958 recognises the creation of NCR land through “any other lawful means”.  In the past, this was always understood to be the Adat. The state government has been pushing to remove this clause from the Land Code, but this has yet to be gazettted and therefore, remains in force. – November 12, 2017.