Peter John Jaban said in a commentary published in sematongexpress, a blog, that the Dayak have two options on Adat in the wake of an adverse Federal Court ruling on Dec 20.
Firstly, for Sarawak assemblymen and MPs from the state to push for the Land Code to be amended to mitigate the Dec 20 ruling.
“The amendment should recognise that Adat has force of law on “pemakai menoa” (territorial domain) and “pulau galau” (communal forest),” he said.
Otherwise, the Dec 20 ruling could be read as having far-reaching implications, he said, without getting into specifics.
Alternatively, Jaban, who heads the Sarawak4Sarawakians (S4S) movement, said the people should vote for new Dayak lawmakers who can amend the Land Code.
The Federal Court had in its ruling on Dec 20, said that “pemakai menoa” and “pulau galau” were incidental to “temuda” (cultivated land), by custom. Hence, Adat had no force of law on “pemakai menoa” and “pulau galau”.
Jaban did not rule out the ruling party in Sarawak suffering setbacks at the ballot boxes in the wake of the Dec 20 ruling.
“The customary rights issue is delicate. If not handled properly, it may backfire,” he said.
“The land issue may not have worked for the opposition in the past but the Federal Court decision on Dec 20 has made them more relevant.
“So, it is now left to be seen how much the Dayak voters are prepared to push for amendments to the Land Code through new lawmakers.”
He called for the people to closely scrutinise the actions of Dayak lawmakers and see if they had done everything to help protect NCR land.
“Have they (Dayak lawmakers) done everything to help prevent native land from being stolen before our eyes? What have they done to protect our native lands?”
The S4S chief said the Dayak must share the blame as well for “resting on their laurels”.
“They were complacent as well. They have been taking things for granted all this while,” Jaban said.
He said he expected the community to move into action “now that they risk losing their customs and large tracts of land” following the Dec 20 ruling.
“Now, they are compelled to act,” he added.
So far, he alleged, Dayak lawmakers had done nothing, except take care of themselves and their position in politics and that it was now time to consider voting them out in the next election.
“Even before the Dec 20 ruling, there had been several cases of violence between Iban landowners and gangsters hired by plantation and logging companies, but little was done to help the rightful landowners,” Jaban said, referring to cases reported in Ulu Baram, Melikin (Balai Ringin), Ulu Niah, Ulu Sungai Arip (Niah).