Both the federal and Sarawak governments have failed to act on recommendations to rectify violations of native land rights affecting the state's indigenous communities, claimed Orang Ulu lawyer Baru Bian.

He said the Human Rights Commission of Malaysia (Suhakam) had made several proposals in a June 2002 report, following its inquiry into complaints of violations of native customary rights on ancestral land.

Civil society groups had lauded the report for verifying claims and other matters that have afflicted Sarawak's indigenous peoples for more than three decades, said Baru.

"However, both the federal and state governments have appeared to ignore all the recommendations," he told the Parliamentary Select Committee on Integrity at its public hearing in Kuching last Friday.

He said the report made some important observations on indigenous land rights and had drawn several conclusions.

It said there is a significant gap between the standard of living of the general public and the indigenous communities of Sarawak.

There is also a divergent perception between the views and understanding of the people on their rights and customs and that of state legislation on land rights ownership as well as other laws relating to the native communities.

Suhakam proposed that the government should - during planning and enforcement of laws, regulations and policies - take cognizance of international treaties and declarations on the rights of indigenous communities.

The rights of Sarawak indigenous communities to their ancestral land are a legitimate claim despite the fact that such rights do not include ownership titles, it said.

Baru said the report justified this observation by referring to landmark judgments in several legal cases.

Legislative review required

Baru said the Suhakam report also made recommendations on tackling the problems afflicting the Sarawak indigenous community as a whole, noting that state laws recognise the rights of the people to their land resources.

"However, Suhakam commissioners believe that the state legislation must be reviewed to ensure that such rights are further enhanced and harmonised with some very specific principles," he said.

To this end, he suggested that a legal review committee be established in the Attorney-General's Chambers.

The government must immediately issue certificates or other documents indicating land ownership to those who are entitled, including "those who have resided in their present territory before 1958".

On humanitarian grounds, he said land documents should be granted to communities that do not meet conditions in the Sarawak Land Code 1958 "but who been residing in areas categorised as state land for at least 20 years". This would be of importance to Penan communities.

He also cited the report as recommending that a part of the native people's original territory should be permanently protected as their reserve forest, to allow them to continue hunting and gathering activities. A specific zone should be conserved as the water catchment area.