The Sarawak Pakatan Harapan today voiced their rejection toward the Land Code (Amendment) Bill 2018 (LCAB) scheduled to be tabled in the Sarawak State Assembly tomorrow.

The bill is crucial in the state government's effort to amend the Land Code as a way of resolving the Pemakai Menua (communal forest reserve) and Pulau Galau (territorial domain) issues, particularly in its definition which is said to differ among the bumiputera communities in the state.

Sarawak Harapan deputy chairperson Baru Bian said the bill failed to recognise and affirm the fundamental characteristic of the pemakai menoa and pulau galau as affirmed by the landmark cases by other jurisdictions.

He said LCAB specifically provides for the recognition of “usufructuary rights” only, which is defined as “rights or privileges exercised or enjoyed by a native community over a native territorial domain to forage for food including fishing and hunting”.

“...the aboriginal people’s right included an interest in the land, and not merely a usufructuary right, which denotes only right on the land,” he said in a press conference at the sideline of the state assembly sitting in Kuching today.

“Secondly, the extent of the area allowed to be given to the native community under this concept is limited to 500 hectares only. It is our stand that NCR land, or Pemakai Menoa and Pulau Galau cannot be restricted or limited to an area defined by the authority,” he added.

Baru who is also the works minister said the extent of the said territorial domain should be in accordance with the area that the natives had continuously occupied since the time of their forefather to this day.

Baru said the LCAB also provides that application for the recognition of the territorial domain is made through the Superintendent of Land and Surveys and to be approved by the director of Land and Surveys.

“Our stand is that the determination of custom or adat of the native peoples of Sarawak cannot be made subject to non-native or a person who does not have the knowledge of the adat. In this regard our proposal for the setting up of an Indigenous Land Commission consisting of those experts in the native custom and the adat to deal with this issue should be the proper thing to do,” he said.

“We note the positive aspect of the proposed amendment on the perpetuity aspects of the title to be issued over the territorial domain, but this by itself could not justify the absurdity of the main aspects of the amendments as alluded to the above,” he added.

Baru said the Sarawak Harapan felt that the press conference needed to be conducted today, since he and state Harapan chairperson Chong Chieng Jen, who is also the deputy minister of the domestic trade and consumer affairs, could not attend the state assembly sitting tomorrow as both needed to be in Putrajaya for the cabinet meeting.

- Bernama