LETTER | Conflicting definitions of Native Customary Rights (NCR) land is still a hot issue and misunderstanding arises because of misinterpretation by some parties, for example, ministers, representatives of the people (MPs, ADUNs), government officials, private companies, lawyers and even community leaders.
The Dayak community in Sarawak have traditionally have the right to use the land by practicing their customs since from generation to generation. In accordance with the 1957 Land Code of Sarawak, Native Customary Land (NCL) is recognized.
Dayak community, especially the Iban, has been allocated 2 million hectares, but they also put forward new demands for the traditional land of Pulau Galau dan Pemakai Menoa. This urge has caused anxiety among the Malays in Sarawak including the Jatti Meirek tribe, Kedayan, Vaie Segan and other ethnic groups in Sarawak. The Sarawak Native Customary Rights contained in Sarawak Land Law (Sarawak Land Code) (1958) gives the same rights to the Sarawak Malays.
This matter should be discussed again by the authorities to avoid misunderstandings and confusion between the problem of customary land rights of the Malays and the customary rights of Dayaks in Sarawak including the Jatti Meirek tribe, Kedayans, Vaie Segan and other ethnic groups in Sarawak.
Recently residents in Kampung Pujut Tanjung Batu appealed to the government so that the land reserved for football field and for Qurban worship program for villagers that has been encroached by the developer need to be stop immediately. According to one of the villagers known as Armin told us, only in the area was the vacant land used by the residents for gardening and so on.They have long been exploring the land from their ancestors. The land is included in the land of 'Temuda' consisting of land grown with crops and land previously planted but abandoned in accordance with the planting cycle for soil fertility and forest conservation.
Although it has been informed that the area is reserved land for Pujut villagers, but the developers continue to stubbornly and still continue to work on the ground and many youth and gardeners who use the road complain because their main route used for decades has been taken by the developer.
With the high level of land reclamation from the roads, the residents are worried but it is not impossible.
Pujut village will be submerged by flash floods if heavy rain continues, the government could get off the field to see for themselves flowing currents from the nearby hill flowing to the village of Pujut.
It is supposed the flow of water is drained directly into the sea instead of using existing drainage system is now cramped and small. There should be constructed of concrete drainage which flows directly into the sea instead of the narrow ditch that caused flooding in residential and farm areas.
The water that flows into the ditch of the village and the high level of land reclamation is not impossible the Pujut Tanjung Batu village will be flooded by water as in the 60's and 80's where at that time the Pujut village was hit by a massive flood of up to 10 feet according to Armin's statement.
Villagers urged the government to take immediate action on the issues they face because they do not want any unwanted things to happen if the authorities do not act immediately to prevent their land invasion as well as uncontrolled irrigation problems.
Collaboration with the authorities and those concerned with the problem are greatly appreciated.
Jofri Jaraiee is Sarawak PAS Commissioner cum Miri PAS Chief.
