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Federal Court doesn't recognise Iban customary practices

In a landmark majority decision delivered late last year that raised the eyebrows of the Sarawak indigenous people, the Federal Court ruled the Iban practice of “pemakai menoa” and “pulau” regarding customary land ownership was not enforceable in law.

Ten Sarawak civil society groups criticised the decision and in expressing disappointment said they were appalled with the Federal Court’s decision in the case of Tuai Rumah Sandah Anak Tabau vs director of Forest and State Government of Sarawak in not recognising the rights of the indigenous community.

Although the decision was delivered on Dec 20 by the Federal Court's deputy registrar, the written judgments - two of them, one dissenting - were only uploaded online recently.

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