D15: Land Disputes

The Native Customary Rights (NCR) of indigenous land is protected in some ways in the Land Ordinance of Sabah. However, the Jubilee necessity of fallow land (leaving land to recuperate after several years of cultivation) is seldom recognised. Idle land is considered uncultivated land and is eyed by big companies. The Forest Enactment requires notices of any forested area to be gazetted as forest reserve (for logging or other development) to be posted to nearby communities to allow objections should any NCR lands be involved in the gazette. This procedure is often not followed and indigenous communities only come to know of the gazette when bulldozers arrive. Since 2002, the Human Rights Commission of Malaysia (Suhakam) has received 1,098 complaints on infringement of customary lands with 824 complaints received from Sabah. The Sabah Government has proposed the issuance of communal land titles as a solution to disputes. Under this concept, a company will be appointed to develop the land and the natives as title holders of the communal land will get only 40% of profits earned. This proposal was opposed by the indigenous peoples because it is not in the spirit of NCR provided for in the Land Ordinance.

Prayer Suggestions: • Pray for justice in addressing this issue. • Pray for fair compensation to be given. • Pray for courage and wisdom for the lawyers championing NCR issues.