File photo shows Gerawat (seated, ninth left) and Dennis on his right in a photo-call with the participants of the Forest Department Sarawak briefing.
KUCHING: The dispute between the natives and Sarawak government over Native Customary Rights (NCR) land is a ‘never-ending situation’, says Mulu assemblyman Dato Gerawat Gala, who is also a lawyer by training.
He attributes this to the fundamental differences in the definition and recognition of NCR land, according to the native community and to the Sarawak Land Code.
“What the members of the native community regard as their NCR land is much larger than what the Sarawak Land Code defines and recognises as one.
“The government keeps to the definition of NCR as provided in the Sarawak Land Code, which is subject to proof,” he said yesterday, in commenting on the Malaysian Human Rights Commission (Suhakam) Sarawak commissioner Dr Madeline Berma’s report about the organisation urging the Sarawak government to resolve issues besieging the native folk in Baram, who claimed that their NCR land were ‘embedded’ in several provisional leases.
“Dr Madeline’s report was based on what the natives claimed as NCR land, which is not the same as what NCR land is defined and recognised under Sarawak Land Code,” said Gerawat, whose constituency is one among three within the larger Baram parliamentary area.
The other two state constituencies are Marudi and Telang Usan, where Datu Dr Penguang Manggil and Dennis Ngau are the respective assemblymen.
On the provisional leases, Gerawat said they would usually have written conditions about excluding NCR land.
However prior to the 2018 amendment to the Sarawak Land Code, NCR land within the provisional leases would only be compensated – it could not be excised.
Following the 2018 amendment, the Native Territorial Domain (NTD) land could be excised out of areas under provisional leases.
For the record, NTD encompasses all NCR on land.
When contacted, Dennis said he could empathised with the NCR land claimants as his own village, Long Bedian, was apparently ‘drowned’ under the provisional lease area.
He also said the situation was the same in many other longhouses and settlements across Baram.
“I am not sure how such kind of map was drawn, had gone into the hands of some people and was being used to scare off the locals.
“My take is that the government should make some kind of formal announcement about excising out NCR land from the provisional leases; otherwise certain might use the issue for political mileage, by provoking the villagers into believing that the (Sarawak) government has grabbed their land.
“In particular, I am referring to areas where the provisional lease areas are stated on the map, but have yet to be really developed by the provisional lease holders,” said Dennis.
He said for the record, he had taken the initiative to have Forest Department Sarawak give a detailed briefing about the areas with provisional leases in Baram, on Nov 21 this year.
Dennis said the session, where Gerawat was also present, was attended by more than 100 members of political parties under the state’s ruling coalition, Gabungan Parti Sarawak (GPS) and also grassroots leaders from all over Baram.
Those who attended the briefing understood how the government was working with regard to the issuance of the provisional leases, added Dennis.
“Still, my worry is on the public at large. Therefore, I urge the relevant state authorities to do something to clear any doubt (about NCR land and provisional leases).
“With the next state election coming, we do not want our people to get unnecessarily distracted or overly worried by the propaganda created by irresponsible quarters.
“On this note, I also call upon the rural folk to try to understand the reason why the Sarawak government has introduced the NCR perimeter survey via Section 6 of the Land Code (as regards communal reserves), which has been accepted by thousands of people from the longhouses and the settlements all over the state.
“After detailed studies involving stakeholders from all levels, the state government firmly believes that this is the best way forward towards solving this longstanding issue.
“I bet no one government can solve land issues 100 per cent, as long as human beings live on this planet, but be rest assured that the GPS-led state government is doing all it can to help all the natives in Sarawak, with regard to land matters,” stressed Dennis.
On Thursday, a group of native folk from Baram sought assistance from Suhakam Sarawak over what they alleged as encroachment into their NCR land.
The group collaborated with Sahabat Alam Malaysia in lodging a formal complaint with the commission.
The natives from Marudi, Tinjar, Bakong, Batu Niah and Long Pilah said they were not happy when their fellow villagers were not consulted prior to the state government approving their NCR land to plantation companies.
They said they had to resort to getting assistance from non-governmental organisations (NGOs), as they had yet to receive any response from the relevant state government’s agencies after they had written to them.
Upon receiving the lodged complaint, Madeline said Suhakam Sarawak office would look into the matter before bringing it up to the relevant authorities.
“We will engage a lot more (talks) with the affected landowners. We will visit the areas to verify.
“After that, we will also prepare for the annual Suhakam Report, which has a special section for Sarawak and Sabah,” she said.
Madeline added that the landowners demanded that they be consulted before any development could take place in their respective areas.
“They want development, but the development should not benefit just one party.
“They are not here to say that the government is wrong – they just want the development to benefit more parties in line with the ‘Shared Prosperity’ vision,” she added.