territorial domain

‘Sarawak native land ruling does not cover other states’

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Source: FMT News

Each region is governed by its own statutes, says former Federal Court judge Gopal Sri Ram. Pic form 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 →

NGO asks if Federal Court overlooked Native Court

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Source: FMT News

NGO says native customs in Borneo have been recognised as a parallel legal system under the Native Court, through the Native Court Ordinance. Pic form FMT News.

NGO says native customs in Borneo have been recognised as a parallel legal system under the Native Court, through the Native Court Ordinance. Pic form FMT News.

KUCHING: The Dayak National Congress (DNC), an NGO, said the Federal Court appears to be unaware that native customs are recognised as “a parallel legal system, apart, for civil law”.

This was provided under the Native Court, through the Native Court Ordinance, said DNC president Mengga Mikui in an op-ed in sematongexpress, a blog.

Pointing out that native customs were administered by the Native Court, he said: “This clearly and expressly make those customs part of the laws of Sarawak.”

Pemakai menoa (territorial domain) and pulau galau (communal forests) land have been regularly litigated and decided in the Native Court.

The Federal Court ruled on Tuesday last week that Adat did not have the force of law on pemakai menoa and pulau galau. It held that these were incidental to temuda (cultivated land). Read more →

Give recognition to NCR concept to resolve land disputes, Sarawak government told

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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

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 →