Sarawak investors getting jittery over projects on NCR land

Anna Chidambar

Timber and plantation companies that had secured timber licences and provisional leases (PL) in Sarawak are now worried about their investments because of landmark cases in the Federal Court that affirmed the Native Customary Rights (NCR) over native land.

It is learnt that some investors met recently with non-governmental organisations (NGOs) in the state as part of their fact-finding mission to clarify their positions as most of their projects involve NCR land that required investments running into millions of ringgit.

They are concerned that they could lose their money if their projects fail to take off because of the court cases that have favoured the natives. All this time, they had thought they had the upper hand when it came to the law.

Sources say that prior to two landmark decisions meted out by the Federal Court, the final appellate court in the country, the investors had based their understanding of customary land rights on information provided by legal sources representing the state, including former state Attorney-General Datuk J C Fong.

Fongs book entitled The Law on Native Customary Land in Sarawak, which was released in March 2011, stated that the acquisition of rights to land is by custom or practice recognised by law, such as clearing virgin jungle, planting and occupying the land continuously.

Detractors pointed out that he continued to insist that this custom and practice was confined to temuda or farmed land and felled settled areas only. They stated that both the former AG and the state continued to maintain that they only recognised customs and practice under the laws of Sarawak.

However, the Federal Court affirmed in two landmark cases that NCR lands extended to an area wider than the temuda, to encompass the pulau galau reserve virgin forest within the vicinity of the village and pemakai menoa communal territory covering hunting, fishing grounds, former longhouse site and virgin forests surrounding the village.

However, sources said the state repeatedly showed its contempt of the court ruling by continuing to issue PLs and timber licences for such lands, and appealing judgments made by the lower courts which favoured native landowners.

The Federal Courts affirmation in two landmark cases namely, Madeli bin Salleh and Bisi Jinggot set a huge precedent and the tone for all other future cases that will be handled by the courts.

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Sarawak investors getting jittery over projects on NCR land