Peter Minos, who is a prominent Bidayuh leader who was a supreme council member with Parti Pesaka Bumiputera Bersatu (PBB) added that the issue must be amicably resolved.
“This is a highly sensitive and very dear issue to the Dayak people, especially those from the Iban, Bidayuh and Orang Ulu community.
“If the matter was left to drag on and on, it will most likely create misunderstanding and ill-feeling all around,” Minos was quoted as saying by the Sarawak-based daily.
Minos, who is now a columnist with a Sarawak daily, was referring to the adverse ruling by the Federal Court on Dec 20, stating that Adat, or customary law, has no force of law on “pemakai menoa” and “pulau galau”, both of which are considered native customary rights land, like “temuda” (cultivated land).
The Federal Court ruled that “pemakai menoa” and “pulau galau” were “incidental” to “temuda”.
Minos said that there was no need to press the panic button, adding he was optimistic about the scheduled meeting between Sarawak Chief Minister Adenan Satem and Dayak leaders, which was called by the former.
“Adenan was applying tact and sagacity in sorting out a truly contentious issue. We cannot predict how he will decide,” Minos was quoted as saying by the Borneo Post.
“I think it will be good for all parties.”
He also advised Dayak leaders to be patient in their meeting with Adenan.
“Just be calm and cool. Compromise and do it the Sarawak way,” Minos said.
Explaining his view on the controversy, Minos said “obut” (or “pulau galau”) was sacred to the Bidayuh, and in effect that underlined that Adat had the force on law on this particular NCR land category as well.
“Since NCR land was legally recognised, and enforceable, Adat had force of law on ‘obut’ land as well,” Minos told the Borneo Post, adding that this was the only treatment for ‘obut’.
He pointed out that what the Bidayuh community experienced, living in the village, was something the Federal Court wasn’t familiar with.
“It can’t be said that only cultivation was important and hence, only Adat on ‘temuda’ could be accepted as having force of law.”
According to the Borneo Post, when Bidayuh families engaged in hill-padi farming in nearby virgin forest in the 50s, they would leave forest reserves of varying sizes untouched, unburned within the territorial domain, or at the periphery of their farmland.
The reserves provide wood for construction, making boats, jungle fruits and vegetables, rattan and other things the village needed from nature.
“The ‘temuda’ cannot provide the Dayak in the same way that ‘pulau galau’, within ‘pemakai menoa’, can,” Minos said.