PBDS Baru youth urges Sarawak govt to reinstate Section 5(2)(F) of State Land Code

16 Oct 2017 / 17:53 H.

KUCHING: Parti Bansa Dayak Sarawak Baru (PBDS Baru) wants the state government to reinstate the provision of Section 5 (2) (f) of the Sarawak Land Code Chapter 81 to resolve matters relating to Native Customary Rights (NCR) claims.
Its Youth chief, Rapelson Richard Hamit said the reinstatement of this particular provision is to solve the complication over 'pemakai menoa' or territorial domain and 'Pulau Galau' or communal forest reserve faced by the natives of Sarawak in establishing their NCR claims.
Native customary rights are established in accordance with the provision of Section 5 (2) (f). It states rights can be established by "any other lawful method".
Section 5 (2) (f) of the Sarawak Land Code was deleted since 17 years ago in 2000.
Rapelson said, with the reinstatement of Section 5 (2) (f) "any lawful method" gives the natives an exclusive right to pemakai menoa, 'pi'muung' or ancestral boundary and Pulau Galau.
"Consequently, with the reinstatement of Section 5 (2) (f), customary rights and Adat will have the force of law on the Natives' claim over pemakai menoa and Pulau Galau and other definition of NCR as Native Customary Rights land," he said.
He was commenting on the latest case involving Tuai Rumah Nyutan, who had lost his NCR claim against TH Pelita Sadong Sdn Bhd and TH Pelita Gedong Sdn Bhd (TH Companies), RHB Bank Islamic Berhad and Land Custody and Development Authority (LCDA) as well as the state government of Sarawak.
Raphaelson said Sarawak's two deputy chief ministers who are both Iban, Datuk Amar Douglas Uggah Embas and Tan Sri Dr James Jemut Masing must do something on the matter.
"If both of them are serious about protecting the rights of NCR land, they should table a Bill to reinstate Section 5(2)(f) in the coming state assembly sitting. This should be a solution", added Rapelson. — Bernama

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