An opposition assemblyperson has expressed concern over the  Sarawak government's refusal to recognise the decision of the highest court in the country that native customary rights (NCR) lands include “ pemakai menu a (territorial domain)” and “ pulau galau (communal forest)”.

NONE A lawyer specialising in cases involving NCR lands, Ba’Kelalan assemblyperson Baru Bian ( left ) has filed about 200 cases of NCR land claims before the court.

“I asked a supplementary question in the state assembly to seek clarification on one very important matter in respect of perimeter survey on native customary rights land, whether it includes pemakai menua and pulau galau ,” said assemblyperson.

He said government has always evaded the issue, including ministers and other elected representatives.

“The question was very clear and straightforward, but Deputy Chief Minister Alfred Jabu was trying to evade it and instead made a statement that he wanted to eradicate poverty, and so on,” Bian said to reporters at the media centre at the Dewan.

“It is obvious that the state government is not recognising the decision of the highest court in the country, including cases of Nor Anak Nyawai and Medeli bin Salleh.

“The Federal Court has decided the two cases based on the Sarawak Land code. You don’t need any interpretation, and what you need is only to adopt and respect the decision of the highest court.

“It is very simple,” he added.

Hearing from the 'horse's mouth'

Bian said he wanted to hear it from the “horse's mouth”, so that was why the question was specially asked again.

bn candidates announcement pbb hq 030411 alfred jabu However, he claimed that the deputy Chief Minister ( right ) had tried to dodge it and instead referred to the opposition as objecting and instigating villagers to go against the perimeter survey.

“The state ministers have never been specific with their allegation and this has caused fear in the minds of the people.

"They have also been telling the people that the perimeter survey was to make it clear the boundary between the NCR land and the state land,” said Bian.

“But if that is the case, then the native landowners want to find out what consists of native customary rights land.

“Does it include pemakai menua and pulau galau that has been decided by the court?” he asked, pointing out that the government lawyers’ argument is that NCR land only confined to temuda (farm land).

“They always say that NCR land is confined to temuda . That is why I want to hear from the executive side”.

According to Bian, although the legal officers representing the government are still arguing alon this line of argument, the court will always give the same answer.

“Two other cases after the cases of Nor Anak Nyawai and Medeli bin Salleh confirmed that NCR land include pemakai menua and pulau galau ,”  he added.

Asked what the NCR landowners should do, Bian who is also Sarawak PKR chairperson, said, “my straightforward answer is to change the government and then the policy will be changed.

“With the change of government, then you have new people behind the government who will agree and respect the decision of the court in the land”.

In the meantime, he said the landowners will sue the government, and stated there are, in fact, a few cases pending hearing.