KUCHING: Parti Bansa Dayak Sarawak Baru (PBDSB) is calling for an outright recognition of the native customary rights (NCR) over land instead of land with NCR having first to go through the ‘hassle’ (mechanism) of perimeter survey and approval of the Land Registrar.
PBDSB stressed that NCR should indeed need to have its full recognition as it exists way long before Sarawak has any governance office.
Matters on NCR are also recorded facts under Majlis Adat Istiadat Sarawak (MAIS) as Dayak’s rights on our ancestral land, said PBDSB Central Region chairman Julius Enchana.
“No doubt, the allocation for a perimeter survey is also important as well but without the rightful recognition in place, what shall that survey result to be? Under section 6 of the land code instead of section 18?” he asked.
“Chaos or havoc on the ground had happen ever since before, due to no rightful proper recognition being made on NCR till today.”
Facts need to be made right and not using the words of inevitable facts as a dispute on the non-perimeter survey allocation. It is best that the NCR gets the rightful recognition it deserves as it has been 55 years since the Dayaks have been waiting for it, he said.
PBDSB does not see any point beyond it all if NCR still remains under the jurisdiction of a state land after the perimeter survey or continues being just usufructuary rights for the Dayak people, he stressed.
Julius made the remarks when expressing his disappointment with the tit-for-tat in the media and August House over the NCR issues.
The recent dispute of NCR recognition and perimeter survey seems to create animosity between state August House members, and from Assistant Minister of Urban Planning, Land Administration and Environment Datu Len Talif Salleh, implied that such statements should not be uttered by someone (Baru Bian) who is a lawyer, a lawmaker and an August House member as it could create havoc on the ground.
“Based on the disputes of the August House members, it seem that both has their own right point of view but the most vital question is that without the official recognition of NCR, what could Dayak benefits from the perimeter survey if their own ancestral land is not being recognised under section 18 of the Sarawak Land code?
“It is right when Ba Kelalan assemblyman and Selangau MP Baru Bian had said that NCR exists regardless it is being surveyed or not and its existence does not arise from a survey,” Julius retorted.
PBDSB is always about Dayak’s rights and agenda, especially when it comes to NCR land, he said.
Dato Gerawat Gala
In September this year Mulu assemblyman Dato Gerawat Gala who is also Parti Pesaka Bumiputera Bersatu (PBB) vice president said the intent and effect of the amendment on the Sarawak Land Code as explained by the Deputy Chief Minister Datuk Amar Douglas Uggah Embas is to give legal recognition to Pemakai Menoa and Pulau Galau (PMPG) which is termed as Native Territorial Domain (NTD) in the amendment.
Prior to the amendment the Federal Court has ruled that the Iban custom PMPG has no legal force and that the use and occupation of land as PMPG under Iban custom does not give the claimants any right to the land.
In other words, the Federal Court ruled that PMPG is not NCR land, Gerawat explained then.
“Even the right to use the land as PMPG (otherwise known as usufructuary right) was not recognised by the court as the custom relating to PMPG had no force of law according to the courts decision,” said Gerawat, a lawyer by training.
He was responding to the organisers of the Dayak National Conference (PKD 2018) that claimed NTD is just limited to usufructuary right.
The organisers of PKD 2018 include the Sarawak Dayak Graduates Association (SDGA) and another NGO, Dayak National Congress (DNC).
Gerawat said the Sarawak government could have chosen not to amend the Land Code and abide by the decision of the court which is perfectly legitimate but that would have meant that the native community can only have their NCR land but not their PMPG otherwise described as NTD in the amendment.
By NCR, he was referring to the Iban Temuda area (occupied land).
As far as the Sarawak government is concerned the issue at hand is beyond the Temuda which is secured and it is the NCR (PMPG) that people are struggling for.
“As a responsible government which recognises and understands the predicament faced by the native community arising from the court decision, our Sarawak government leaders took steps to amend the law so as to give legal recognition and effect to PMPG otherwise known as NTD,” he said.
Section 6A of the amendment clearly states that NTD is now given legal recognition as a proprietary right which the community can use and own.
The amendment provided for issue of document of title in perpetuity over the NTD to the community and such titles are as good and as valid as any title issued under Section 18 of the Land Code.
SUMBER : theborneopost.com