Baru: Time to set up native land commission

by Johnson K Saai reporters@theborneopost.com. Posted on June 28, 2011, Tuesday

ORANG ULU TIES: (From left) Baru Bian (PKR - Ba Kelalan), Miri Resident Antonio Kahti Galis and Dennis Ngau (BN - Telang Usan) at the DUN lobby after attending the day’s session. – Photo by Chimon Upon

KUCHING: The setting up of an independent native land commission is now getting more crucial as obviously the court and state government have different ideas on native customary rights (NCR) land, Ba Kelalan assemblyman Baru Bian said yesterday.

Speaking to reporters at a news conference at the State Legislative Assembly (DUN) media centre, Baru said the stand of the government was that only areas farmed before January 1, 1958 or ‘Temuda’ were considered as NCR whereas the court had ruled that NCR also included the ‘Pemakai Menua’ and ‘Pulau’.

“This is the big problem and the crucial aspect of it is we have a basis for setting up a native land commission to address the encroachment and trespassing of NCR land by companies either for the extraction of timber or plantations.

“This is because the commission which comprises both private and public sectors will have to determine the status of any particular land before licences are issued,” he said. He earlier on mentioned a recent case where the High Court in Sibu ruled in favour of the landowners, after they as plaintiffs complained that a company licensed to extract timber had trespassed into their NCR land. Baru, who was the counsel for the plaintiffs, also said this was not the first and only case where the natives had won in their claims over land rights.

“We have several similar cases in the past and for this reason we feel that there is a crucial need to have an independent native land commission,” he stressed. He revealed that in the recent case, which was heard in Sibu, the High Court Judge Yew Jen Kie had ruled that the plaintiffs had the rights over the land in question and the timber company, its servants or agents had trespassed into the plaintiffs’ land.

Following the court ruling, the timber company, its employees, servants or agents were also ordered to restrain from entering, clearing, using or occupying the said land.Also present at the media conference yesterday were Batu Lintang assemblyman See Chee How and other state PKR leaders.