Michael Mering Jok
KUCHING: The alliance of several Civil Society Organisations (CSOs) will hold a two-day grand conference on the indigenous Bidayuh and Malay customary laws this Sept 30-Oct 1 at the Boutique Hotel here.
The first day (Sept 30) shall be devoted to the Dayak Bidayuh customary law whilst the second day (Oct 1) will be on Malay customary law.
According to the organiser’s spokesperson, Michael Mering Jok, the conference is to provide venue for individuals and community leaders to discuss the Dayak Bidayuh and Malay customary laws and practices associated with their native customary rights land.
“The aftermath of the controversial federal court judgment in Tuai Rumah Sandah Anak Tabau case, issues relating to native customary rights land have become a common topic of any discussion among the indigenous community,” Michael said in a statement issued here yesterday.
He pointed out that the Federal Court had on Dec 20, last year in a majority judgment allowed the government’s appeal, but on issue of law there was a tie.
“Two judges said that native customary law associated with indigenous Iban acquisition of pulau galau and pemakai menua has no force of law. The other two judges said it has force of law.
“Some believe that judgment has created uncertainty on the earlier landmark decision in Nor Anak Nyawai that affirmed indigenous Dayak customary law and practices associated with creation of pulau galau and pemakai menua has force of law, and as such, ‘pulau galau’ and ‘pemakai menua’ are part and parcel of native customary rights land within the meaning of the Sarawak Land Code and any other written laws for the time being in force in Sarawak.
“Many lawyers agreed that Sandah’s case does not change the law expounded in Nor Anak Nyawai case,” explained Michael.
Besides creating venue for discussing matters related to customary laws and practices, issues on community mapping are expected to be part of the conference’s contents.
Michael added that within the last two months, four similar conferences had been successfully held in Miri, Bintulu and Kapit.
The one in Miri was attended by Orang Ulu leaders and individuals from various parts of Belaga and Baram, whilst the other two were attended by various Iban individuals and leaders of Bintulu and Kapit divisions.
At the closing of the four conferences, a declaration was unanimously made affirming pemakai menua and pulau galau as a pre-existing right well embodied and an integral part of the indigenous customary law and practice since time immemorial, prior to arrival of any European in Borneo and the enforceability thereof has hitherto never been abrogated or abolished by any written laws.
“It is also expected that similar declaration shall be made at the conclusion of the Kuching grand conference,” said Michael.
Another similar conference shall also be held in Sibu this Oct 7.
“This grand conference both in form and substance is rigidly non-political and transcends any political divide. To date, participants registering for this grand conference are non-partisan, coming from all walks of life,” added Michael.
For more details Michael Mering Jok can be contacted at 019-8583907.