The High Court in Kuching today ruled that Sarawak Native Customary Rights (NCR) to land do not owe their existence to the statutes but have existed long before them.

In a landmark judgment by High Court judge Ian Chin, delivered by the Deputy Registrar Timothy Joel in chambers this morning, the judge held that the plaintiffs' - native communities in Sebauh, Bintulu - rights to temuda , pulau and pemakai menoa , all native Iban terms to describe customary rights to land-use, had survived all the Orders of the Rajah Brooke era, legislation under the English colonial government and the present state government.

The judgment came after a long two-year court battle brought about by Rumah Nor, a 64-door longhouse community against a paper mill and tree-plantation operation. The communities had named as defendants, in order, Borneo Pulp Plantation Sdn Bhd, Borneo Pulp and Paper Sdn Bhd, and the Sarawak State Land and Survey Department which issued the NCR land to Borneo Pulp Plantation.

The decision centres around the definition of NCR to include not just land immediate to the longhouse communities and their farming land, but now also extends to forests, rivers and streams.

The NCR to land had been exercised in the disputed area by the plaintiffs and their ancestors until they were prevented to do so by the destruction of trees by the defendants for the purpose of planting other types of trees.

Overjoyed

In his 96-page judgment, Justice Chin made a declaration that the native community of Rumah Nor are entitled to exercise native customary rights over the section of the land granted by the Sarawak state government to the company, where there are NCR land claims.

The High Court also ordered an injunction against the defendant companies and their servants or agents from entering the said disputed land.

The judge further declared void the land title issued to the Borneo Pulp Plantation and asked that the Sarawak State Land and Survey Department rectify the title so as to exclude the disputed area from the grant.

The High Court also ordered costs to the plaintiffs against all the defendants but made no order as to damages as it was his judgment that there was insufficient evidence to support the award of any sum.

The full judgment of Justice Chin is available at this Internet [#1] site [/#].

Two hundred people, predominantly from indigenous communities across the state. turned up in court today and were overjoyed when the lawyer for the plaintiffs, Baru Bian, read out and explained the judgment to them. Many elders were seen crying unashamedly.