PETRA JAYA: Sarawak will strengthen the protection of native customary rights' (NCR) land through legal recognition whereby native communal titles in perpetuity will be issued over an area that is described as native territorial domain.
Deputy Chief Minister Datuk Douglas Uggah Embas said under the Land Code (Amendment) Bill 2018, the term “native territorial domain” was used instead of “pemakai menoa’” (territorial domain) and “pulau galau” (communal forest reserve) for inclusiveness, because the practice relating to native territorial domain was not only practised by the Ibans, but also all other native communities in Sarawak.
Title document, he said, would be issued to the community to protect their territorial domain.
“It was a historical moment when the Bill was passed today. The amendment was necessary to give the customs and practices, relating to territorial domain, the force of law,” Douglas said.
He was speaking to the reporters at the State Legislative Assembly (DUN) complex, here, today.
For the natives of Sarawak, land is regarded as an important part of their livelihood.Their customs and culture revolve around their land which is their "pesaka" (heritage) passed on or inherited from generation to generation.
More importantly, the natives rely on the land for farming, foraging for food, hunting, fishing and as an important source of materials for domestic purposes.
Among the main features of the Bill was the right to land may be created by natives through access to the area within, conjoining or adjacent to their native customary land, created under Section 5 of the Land Code, if the “usufructuary rights” were exercised by the natives prior to Jan 1, 1958.
When tabling the Bill, he said, the term "usufructuary" was merely descriptive of the customs and practices which would be legally recognised by the amended provisions to establish ownership rights to a territorial domain.
“The customs and practices described under the definition of "usufructuary rights" are similar to the customs of "pemakai menoa" and "pulau galau" of the Iban community.
“Most governments where indigenous communities exist give usufructuary rights to their inhabitants on areas traditionally occupied by them.
“Here in Sarawak, under the Gabungan Parti Sarawak (GPS) Government, territorial domain is to be given the force of law and legally recognised as having a proprietary right,” he said.
Besides, it would improve the land administration that would reinforce the statutory safeguards for native customary rights to land.
“I must also reiterate that these amendments are meant to enhance the protection for the rights of all native communities to land and eliminate disputes between natives and other parties frequently accused of encroaching upon their NCR lands,” he added.
The Deputy Chief Minister said a cabinet meeting would be held to decide when the new law would take effect.