The denial of native customary right over land in Sarawak

Native Customary Rights (NCR) is not defined in the present Land Code (CAP. 81) 1958, Sarawak, (hereinafter referred to as the "Code") but Native Customary Land is. Section 2 of the Code defines Native Customary Land (NCL) to mean land in which native customary rights, whether communal or...

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Main Authors:	Loh, Ing Hoe, Kamaruddin, Hanim, Mustafa, Maizatun, Ibrahim, Irini, Abu Hanifah, Norha
Format:	Conference or Workshop Item
Language:	English English
Published:	2017
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/57219/ http://irep.iium.edu.my/57219/ http://irep.iium.edu.my/57219/1/cebu%20proceedings%202017.pdf http://irep.iium.edu.my/57219/2/cebu%20Loh.pdf

id	iium-57219
recordtype	eprints
spelling	iium-572192017-06-09T05:42:57Z http://irep.iium.edu.my/57219/ The denial of native customary right over land in Sarawak Loh, Ing Hoe Kamaruddin, Hanim Mustafa, Maizatun Ibrahim, Irini Abu Hanifah, Norha K Law (General) KPG Malaysia Native Customary Rights (NCR) is not defined in the present Land Code (CAP. 81) 1958, Sarawak, (hereinafter referred to as the "Code") but Native Customary Land is. Section 2 of the Code defines Native Customary Land (NCL) to mean land in which native customary rights, whether communal or otherwise, have lawfully been created prior to the 1st day of January 1958 and still subsist as such. Although the law recognises NCR claim by customary tenure, the Government's definition and/or understanding of NCR claim is only restricted to cultivated area or farmed area locally referred to as "temuda" which must have been cultivated or farmed before 1st January 1958. On the other hand, the native believe that their NCR claim goes beyond their "temuda". It includes their communal lands or territorial domain locally referred to as "pemakai menua" and the "reserved virgin forests" within their "pemakai menua" locally refrred ti as "pulau". "Pulau" is preserved or reserved specifically to meet the domestic needs of the natives. Normally this is an area abundant with timber for boats, house, different kinds of fruit trees, jungle produce with medicinal value, a hunting ground, fishing ground etc to cater their daily needs. Purpose: To critically analyses the decide cases related to NCR cases in Sarawak and to compare with customary international law Design/Methodology?Approach: Qualitative methodology with historical and critical analysis approaches Finding: The recent decided case, Director of Forests Sarawak and anor v. TR Sandah ak Tabau & Ors by Federal Court has denied the native customary right on"pemakai menua" and "pulau". Therefore, a thorough study is needed to critically analyses and compares the judgment with customary international law. 2017 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/57219/1/cebu%20proceedings%202017.pdf application/pdf en http://irep.iium.edu.my/57219/2/cebu%20Loh.pdf Loh, Ing Hoe and Kamaruddin, Hanim and Mustafa, Maizatun and Ibrahim, Irini and Abu Hanifah, Norha (2017) The denial of native customary right over land in Sarawak. In: IUCN Academy of Environmental Law 15th Annual Colloquium, 29th May-3rd June 2017, Cebu, Phillipine. (Unpublished) http://www.iucnael.org/en/news/latest-news/225-general-news/623-15th-annual-colloquium-of-the-iucn-academy-of-environmental-law-cebu-2017-stories-of-the-world-we-want-and-the-law-as-its-pathway
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Loh, Ing Hoe Kamaruddin, Hanim Mustafa, Maizatun Ibrahim, Irini Abu Hanifah, Norha The denial of native customary right over land in Sarawak
description	Native Customary Rights (NCR) is not defined in the present Land Code (CAP. 81) 1958, Sarawak, (hereinafter referred to as the "Code") but Native Customary Land is. Section 2 of the Code defines Native Customary Land (NCL) to mean land in which native customary rights, whether communal or otherwise, have lawfully been created prior to the 1st day of January 1958 and still subsist as such. Although the law recognises NCR claim by customary tenure, the Government's definition and/or understanding of NCR claim is only restricted to cultivated area or farmed area locally referred to as "temuda" which must have been cultivated or farmed before 1st January 1958. On the other hand, the native believe that their NCR claim goes beyond their "temuda". It includes their communal lands or territorial domain locally referred to as "pemakai menua" and the "reserved virgin forests" within their "pemakai menua" locally refrred ti as "pulau". "Pulau" is preserved or reserved specifically to meet the domestic needs of the natives. Normally this is an area abundant with timber for boats, house, different kinds of fruit trees, jungle produce with medicinal value, a hunting ground, fishing ground etc to cater their daily needs. Purpose: To critically analyses the decide cases related to NCR cases in Sarawak and to compare with customary international law Design/Methodology?Approach: Qualitative methodology with historical and critical analysis approaches Finding: The recent decided case, Director of Forests Sarawak and anor v. TR Sandah ak Tabau & Ors by Federal Court has denied the native customary right on"pemakai menua" and "pulau". Therefore, a thorough study is needed to critically analyses and compares the judgment with customary international law.
format	Conference or Workshop Item
author	Loh, Ing Hoe Kamaruddin, Hanim Mustafa, Maizatun Ibrahim, Irini Abu Hanifah, Norha
author_facet	Loh, Ing Hoe Kamaruddin, Hanim Mustafa, Maizatun Ibrahim, Irini Abu Hanifah, Norha
author_sort	Loh, Ing Hoe
title	The denial of native customary right over land in Sarawak
title_short	The denial of native customary right over land in Sarawak
title_full	The denial of native customary right over land in Sarawak
title_fullStr	The denial of native customary right over land in Sarawak
title_full_unstemmed	The denial of native customary right over land in Sarawak
title_sort	denial of native customary right over land in sarawak
publishDate	2017
url	http://irep.iium.edu.my/57219/ http://irep.iium.edu.my/57219/ http://irep.iium.edu.my/57219/1/cebu%20proceedings%202017.pdf http://irep.iium.edu.my/57219/2/cebu%20Loh.pdf
first_indexed	2023-09-18T21:20:50Z
last_indexed	2023-09-18T21:20:50Z
_version_	1777411870555111424

The denial of native customary right over land in Sarawak

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