by Dominic Langat
12-13 July, Kuching, Sarawak
NTFP-EP Sarawak in collaboration with the Sarawak Dayak Iban Association (SADIA), organized a paralegal training as a response to the increasing number of land cases (more than 200) being filed by the natives in Sarawak. Thirty representatives from different villages and community-based organizations attended the said training to become familiar and oriented on the necessary strategies in filing such cases to the court.
One of the resource speakers, Mr. Nicholas Mujah, discussed sections in the Sarawak Land Code, particularly the recognition of the rights of the natives and the procedures of issuing and granting provisional leases and timber. According to him, many issues continue to spur conflict and disputes between the communities in Sarawak and various entities on land claims. The participants who admitted that they were previously unaware of the laws that protect their rights shared common experiences on the lack of free, prior, and informed consent (FPIC) processes and protocols.
While recognition is key to native rights over their lands, it is important for Sarawak natives to present strong legal evidences in the premise of the Malaysian courts. However, due to the absence of evidences brought to court, the possibility of winning court cases on native rights is weak. Henry Joseph, an ex-Session Court Judge of Sarawak, emphasized the need to provide strong evidences such as occupation duration, maps, and other historical documentations that support the claim.
This Paralegal Training was officially closed by YB See Chee How, an Assemblyman and Land Rights Lawyer who admitted that more and more Sarawak natives are coming up to defend their native customary rights to land. He said that land rights lawyers are now facing a decline in number lawyers who agree to take on the challenges of land cases. He said that the many of the lawyers today lack the capacity to engage in such cases. As a conclusion, he urged the youth to be more engaged and even take up law to address the decline in the numbers of capable lawyers to take on cases on native lands, and called for a stronger positive change towards good governance.
The growing aggressiveness by the external groups who are dealing with communities today calls for more strategic legal responses that go beyond blindly putting up blockades and barricades to prevent encroachers. Through this training, the participants were able to inspire each other and share experiences in documentation of their oral history.