KUALA LUMPUR: The Government should not appeal court decisions which favour and recognise the customary and land rights of the orang asli in the peninsula and indigenous people in Sabah and Sarawak.
“In my view, if the Government is serious about respecting the land rights of indigenous peoples, it should not have appealed in some of the cases,” said Suhakam commissioner Jannie Lasimbang.
Among seven successful cases last year were the courts' affirmation that:
Native customary rights (NCR) to land prevails under the common law and the state's interests/rights must be subject to native rights;
Indigenous peoples have the right to be on land over which they exert NCR, even in forest reserves established under the Sabah Forest Enactment 1968;
Pemakai menoa (territorial domain) is recognised under NCR in Sarawak, meaning government agencies cannot enter, clear or carry out works on any part of the villagers' customary land; and
The acquittal of three orang asli of stealing oil palm from Risda on land which they considered to be customary for foraging.
Jannie said this when asked whether the cases listed in Suhakam's 2011 Annual Report were a positive development with regard to upholding native customary land rights.
Jannie, who is also a member of the United Nations Expert Mechanism on the Rights of Indigenous Peoples, said the successful cases cited were significant and should set precedents.
“They are also important in giving a moral boost to indigenous peoples' struggle for land rights and to bring about positive change to policies and laws in relation to such rights.”
Pointing out Suhakam had only highlighted the important cases, she said more courts in the peninsula had ruled in favour of orang asli rights than in Sabah and Sarawak.
In two unsuccessful cases, the Federal Court upheld the decision that NCR was extinguished for the Bakun Hydroelectric Project (Bato Bagi) and for a pulpwood mill which was never built (Jalang).
It said Sections 4 and 5(3) of the Sarawak Land Code (SLC) on extinguishment of NCR did not violate the Federal Constitution.
However, the court offered an “alternative remedy” for those who lost ancestral land to the state.
It said that although the SLC only mentions “compensation” and not “adequate compensation” as in the Constitution, the intention underlying the two provisions could not be distinguished, that is, compensation must mean adequate, fair or sufficient compensation.
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ReplyDeleteThursday, March 8, 2012
World Wide Recognition Of Natives Land Rights.
The recognition of natives land rights has becoming the norms by governments all over the world. The Canadian, American, Australian, the Kiwis and hosts of other nations have long protect, respect and further cemented legislation to ensure that natives would not be robbed of their lands by way of forced acquisition for the so-called sacrifices for developments.
The mighty Chinese Government is the latest to embrace this wanting policy. In a surprise move, the Chinese Premier, Wan Jinbao, at the opening of The National People’s Congress, China’s parliament, boldly declared that ” farmers rights to their land must not be violated”. ” Farmers who work on the land, where their house sit, and to proceeds undertakings, are property rights conferred by law, and these rights must not be violated by anyone,” the premier said.
Now, back to our native Sarawak, the government seemed to do the opposite. Land grabs is the norm disguising as excuses for public related development and large oil palm plantations. Natives are hopelessly losing their wars against forced evictions and murky one sided legislation.
Presently, there are hundred of cases pending in court where the natives are suing the government and their “business partners” for what the natives perceived as unjust and unjustified land grabs.
Posted by Borneo Warrior at 8:14 AM 1 comments
Naa, satu2 dia mo ambil .. sikit2 lama2 jadi bukit .. klu kita kc biar durang pg mbil tanah sini, memang durang buat lg nanti tu .. mau kna kc tunjuk parang baru drg nda balik2 lagi mo pg tingu2 mana tanah yg drg mo curi nanti ..
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