Extracted from Malaysiakini

Gathering on NCR land: Natives pledge to fight on
Tony Thien
May 5, 05 12:04pm

A gathering of more than 200 natives representing thousands of native customary rights (NCR) landowners who have strongly protested against encroachment of their lands by logging and oil palm plantation companies across Sarawak have pledged to fight on and defend their rights.

The panel of lawyers handling some 130 cases brought against the relevant state authorities and companies issued with logging permits and oil palm land leases in court also attended the Malam Mesra NCR held at Dynasty Hotel in Miri on Workers Day.

One of the lawyers Baru Bian, a Lun Bawang who is regarded by many NCR landowners as one of their 'champions and saviours' told malaysiakini today that all 20 tables were sold out and the hall was packed to capacity by native landowners from Lundu to Lawas.

More would have attended if the hall could accommodate more tables, he added.

Several local non-governmental organisations (NGOs), including Brimas and Sarawak Dayak Iban Association (Sadia), coordinated the event with the aim of getting the NCR landowners to get together and exchange their common experiences on lands affected by logging and plantation activities.

No official figure has been released as to how many such permits and leases for logging and plantation has been issued by the state government within the last two decades.

But another lawyer handling such cases said he believed the total acreage covered by such permits and leases already form a substantial area of lands that Sarawak natives claim as theirs by virtue of their native customary rights which are recognised by law.

Baru said the dinner gathering, the first of its kind ever organised in Sarawak, was also for the affected landowners “to encourage each other and to go on and fight for their rights.”

A number of the native landowners also spoke and expressed their views and feelings on an issue that has already caught on public interest, largely because it also involves human rights issue, particularly when there has been apparent damage caused to the environment by large-scale commercial activities of logging and plantation.

Rights explained

Several lawyers, including Baru and social activist Harrison Ngau, a former Baram MP, addressed the gathering on existing laws governing NCR matters and their legal and constitutional rights.

Baru said the natives had been encouraged by the judgement favouring Iban longhouse dwellers in Bintulu in a 2002 landmark NCR land case against the state authorities and a pulp and paper and plantation companies.

The government and companies are appealing against Justice Ian Chin's decision and the outcome of the appeal is expected anytime.

In that case, the judge declared that a large area the natives claimed as pulau (communal reserve) and pemakai menoa (reserve for hunting, fishing, etc for the natives) covered in the provision lease the state government issued to the companies was NCR land.

Baru said similar gatherings of aggrieved NCR landowners are going to be held in other places such as Bintulu, Sibu and Kuching to highlight problems on NCR land and to encourage the affected landowners to stand for their rights.