Sarawak: The Sarawak government’s strategy for economic growth through commercial development of agricultural land has resulted in vast areas of land being opened for large-scale plantations, including oil palm. In some places this has affected lands subject to ‘native customary land rights’.
Sarawak in Borneo is now one of last frontier areas for palm oil expansion left in Malaysia. With most available lands in the Peninsula already planted and most of Sabah already leased out, in Sarawak such expansion is accelerating.
Malaysia has a large indigenous population consisting of Malays, Aboriginal people (Orang Asli) and the natives of Sabah and Sarawak. Although the government has a strong indigenous base, with the political power in the hands of the Malays, the outworking of its obligation to the different indigenous groups, governed by different land laws, presents a particular challenge for the Federal government.
The existence of a government policy of positive discrimination in favour of indigenous peoples, has not insulated certain parts of indigenous communities from blatant inequalities, partly as a result of laws inherited from the British colonial administration.
While protection measures have been put in place for Malay land rights, other sections of the indigenous population, including the Orang Asli remain exposed to certain vulnerability, exploitation and domination.
The Federation of Malaysia is made up of thirteen states, eleven states of which are in the Malay Peninsula, and two states, Sabah and Sarawak are part of the island of Borneo. The ninth schedule of the Federal Constitution, divides the executive and legislative powers between the federal and state governments.
The states’ exclusive powers of any significance are Islamic law, Malay and native customs, forestry, land, including land tenure, Malay reservations and native reservations, cadastral land survey, agriculture, local government and the constitution and procedure of native courts. Sabah and Sarawak are especially concerned with the preservation of native law and customs, which relate to safeguards of the special interests of their indigenous peoples.
In Sarawak, Kelabits claim a native customary right to land that they have occupied for centuries. But they are struggling with the Malaysian and Sarawak governments, as well as private corporations, which have taken much of their traditional territory – often without consultation or compensation.
“I have been privileged to get alongside of the villagers of the Kayan and Kenyah native communities in their dispute with IOI-Pelita over customary rights to the land.
“We believe that the wellbeing of the people who own, live in and depend on forests is the single most important criteria to determine if a forest is being sustainably managed. If the people who work in and depend on the forests cannot survive, then the forests themselves will perish.”
“There is no doubt that the recognition of the traditional rights and empowerment of local communities has strong social, economic and environmental benefits. One way to ensure the recognition of is to have the forests ‘certified’ by independent certifiers against demonstration of compliance with certain acceptable international standards.
“Long term tenure and use rights to land and forest resources shall be clearly defined, documented and legally established. Indigenous peoples’ rights or the legal and customary rights of indigenous peoples to own, use and manage their lands, territories and resources shall be recognised and respected
“Free and informed consent in an effective exercise of this right is a key safeguard that is needed to ensure that certified logging and plantation schemes do not violate native rights of the communities of indigenous peoples.” - DT