PH against the draft land code (amendment) – BorneoPost Online | Borneo, Malaysia, Sarawak Daily News

KUCHING: Ba Kelalan MP Baru Bian declared the 2018 bill that purportedly to recognize Pemakai Menua and Pulau Galau (PMPG) concept of acquisition of indigenous customary rights (NCR) on land in Sarawak, did not recognize and asserted fundamental feature of the concept WACOG.

Baru explained that the PMPG concept as affirmed by historical rulings from other jurisdictions, he asserts that the rights of indigenous peoples included an interest in land and not just a usufruct right.

Section 6A (1) of the Bill expressly provides for the recognition of "usufructuary rights" only defined as "rights or privileges exercised or enjoyed by an aboriginal community over an indigenous territorial territory for foraging, including fishing and hunting.

Baru sa Another bone of contention is Section 6A (2) of the bill, which states that the extent of acreage that can be afforded to the aboriginal community under this concept is limited to 500 hectares only.

The concept of land or PMPG can not be limited or limited to an area defined by the authority. We have won cases where their PMPGs exceed 10,000 hectares. Limiting the size of PMPG in this way is unfair, unjust and immorally unfair, "Baru said at a press conference to announce Pakatan Harapan 's position to reject the bill when members of the board said it was" unfair. august House will debate on this subject on Wednesday

Baru argued that the extent of the indigenous territorial domain should be in keeping with the area that the natives had continually occupied since the time of their ancestors until 39; to date

Baru stated that Pakatan Harapan also objects to section 6A (2), (3) and (4) of the bill which provides that the application for recognition of the domain territorial jurisdiction must be made through the Superintendent of Land and Surveys and be approved by the Director of Lands and Surveys and; "Our position is that the determination of the custom or the Adat of the natives of the Sarawak can not be penny put to a non-native or to a person who does. "In this regard, our proposal to establish an indigenous land commission composed of these experts of indigenous custom and Adat to deal with this issue should be the good Baru noted the positive aspect of the. proposed amendment on the perpetual title to be issued on the aboriginal territorial territory, but stated that this in itself could not justify the absurdity of the main aspects of the other amendments.

Baru admitted that the play of the figures of the State Legislative Assembly will see the bill passed as law unless the Sarawak government legislators oppose the bill, adding the number of legislators of the Pakatan state According to him, the spirit of the bill does not correspond to what the Aboriginal community expected.

Baru pointed out that he and the Kota Sentosa MP, Chong Chieng Jen, will not be able to to do to debate the bill as they were to attend the meeting of the federal cabinet in Putrajaya today.

Baru and Chong are deputies. Baru is Minister of Public Works while Chong is Deputy Minister of Internal Trade and Consumers.

Baru said that other legislators of the Pakatan state would rise in his name and Chong to debate the bill so that their arguments would be recorded in the Hansard.

The Dayak community faced a dilemma when, on December 20, 2016, the Federal Court ruled that the NCR – the native customs – had no force on lands claimed by the natives as their territorial domain and or their communal forest reserves.

While the Dayak community demanded that its RNC be given the force of law, the Sarawak government had the intention of tabling the bill today, hoping it would be passed by the government. August assembly.

Deputy Attorney Datuk Amar Douglas Uggah Embas At night, said the amendment on the Sarawak Land Code (SLC) involving NCR on the land – if it is passed during the meeting of the 's. Current Legislative Assembly (DUN) – will not help diminish the NCR. of the Sarawak Land Code (SLC) which recognizes the existence of the NCR popularly known as Pemakai Menua and Pulau Galau (PMPG) needs to be amended, this does not mean that the Dayak community would lose these rights, he rocks.

On top of that, these NCRs – under a new name – will have the force of law, according to Uggah, to allay the fears of members of the Dayak community by assuring them that the Sarawak government under Gabungan Sarawak Party (GPS) is s & Is committed to solving the problems surrounding the PMPG once and for all with the amendment on the relevant provisions of the SLC