The Court of Appeal has dismissed an appeal filed by five longhouses in Ulu Balui, Kapit, residents of which claimed that their native customary rights (NCR) to land have been affected by the Bakun hydro-electric dam project.

The decision upheld the Kuching High Court ruling in 2008 which allowed the Sarawak government to determine the outcome of the case by way of law.

(Unlike a decision by way of facts which provides for parties to provide evidence, a ruling by way of law allows the judge to decide based solely on legal principles.)

bakun dam and electricity electric The appellants claimed that their NCR to land and constitutional rights were violated when the Sarawak government extinguished the lands near their longhouses along the Balui river to make way for the mega dam in 2000.

The appeal was led by Bato Bagi and five village heads representing the native Dayak community.

In a statement released via Sahabat Alam Malaysia, the plantiffs said that they will file an application for leave to appeal to the Federal Court.

NCR in Sabah and Sarawak dates back to British rule which conferred rights to cultivate, hunt, and collect produce to natives who cleared the land.

dayak court ncr land However, development projects such as dam constructions and massive logging have encroached into native customary land, triggering a series of legal tussles between natives and the government and private companies.

The most recent of this was decided on Jan 21, with the Kuching High Court ruling that 1,000 hectares of land in the Bintulu forest is part of the native customary land. Hence, Ladang Sawit Bintulu Sdn Bhd had encroached into the area in 1998 by planting palm oil.

However, the Sarawak government, Tabung Haji and the company have since appealed the decision, and submissions are in progress.

More than 100 similar legal suits pending in Sarawak.