Source: FMT News
Each region is governed by its own statutes, says former Federal Court judge Gopal Sri Ram. Pic form FMT News.
PETALING JAYA: The native communities of Sabah and the peninsular states remain unaffected by a recent Federal Court ruling that defeated a bid to enable the Dayaks of Sarawak to apply native customary rights (NCR) on virgin forests, according to a retired judge.
Former Federal Court judge Gopal Sri Ram said the land laws were different for the three regions.
“The decision will not have a binding effect as Sarawak is governed by its land ordinance while Sabah and the states in Malaya are guided by their own statutes,” he said.
Last Dec 20, the Federal Court allowed the Sarawak Government’s appeal against a Court of Appeal decision that recognised “pemakai menoa” (territorial domains) and “pulau galau” (communal forest reserves) as NCR land.
The Court of Appeal had affirmed a 2011 High Court ruling in favour of Tuai Rumah Sandah and seven other landowners in Ulu Machan, Kanowit. Read more
Source: The Malay Mail Online
Mengga Mikui said the NCR concept calls for the government to recognise not just the cultivated farmlands, but also the communal forest reserves and territorial domain as NCR lands. — Bernama pic
KUCHING, Oct 27 — A Dayak non-governmental organisation (NGO) wants the Sarawak government to recognise the concept of Native Customary Rights (NCR) over lands as a solution to settle disputes between the indigenous communities and plantation companies.
“We believe that the concept is the key to settling all the NCR land problems, some of which have turned violent,” Dayak National Congress (DNC) president Mengga Mikui said today.
He said the concept calls for the government to recognise not just the cultivated farmlands, but also the communal forest reserves (pulau galau) and territorial domain (pemakai menoa) as NCR lands.
“While the government recognises farmlands as NCR lands, but it does not recognise communal forest reserves and territorial domains as customary lands, contrary to the decisions of the Federal Court in deciding NCR land disputes,” Mengga said. Read more