Cover Image

Protecting native customary rights: is legal recourse viable alternative?

The objective of this article is to examine the legal protection of native customary rights over land in the Borneo state of Sarawak. This is necessary because the conflict between native customary rights owners and the state has left the former more vulnerable. Firstly, it will look into the nature...

Full description

Saved in:
Bibliographic Details
Main Author: Phoa, John
Format: Article
Language:English
Published: Universiti Kebangsaan Malaysia 2009
Online Access:http://journalarticle.ukm.my/607/1/akademika78%5B03%5DA4.pdf
http://journalarticle.ukm.my/607/
http://www.ukm.my/~penerbit/akademika
Tags: Add Tag
No Tags, Be the first to tag this record!
id my-ukm.journal.607
record_format eprints
spelling my-ukm.journal.6072011-08-11T07:40:54Z http://journalarticle.ukm.my/607/ Protecting native customary rights: is legal recourse viable alternative? Phoa, John The objective of this article is to examine the legal protection of native customary rights over land in the Borneo state of Sarawak. This is necessary because the conflict between native customary rights owners and the state has left the former more vulnerable. Firstly, it will look into the nature of the nation-state with historical evidence as the conflict evolved in the past. This is done generally by examining the state of NCR during the various sovereignties and in particular, two important legal documents, the Sarawak Land Code and Sarawak Forest Ordinance. The contest of land/forest use between the state and the forest peoples/indigenous peoples became sharpened since the 1980s. Commercial logging and cash crop plantations that had expanded in the last two decades had left them marginalised. Different indigenous communities’ respond differently and in recent years one community decided to take a legal course. Thirdly, this article looks at Nor Nyawai land mark case and discusses its implication on the indigenous peoples’ struggle to protect their land. In doing so, it will also prove its viability as an alternative for the indigenous peoples of Sarawak. As an alternative means to legal recourse requires a lot of efforts on the part of indigenous communities especially in the documentation of evidences of NCR. Universiti Kebangsaan Malaysia 2009-12 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/607/1/akademika78%5B03%5DA4.pdf Phoa, John (2009) Protecting native customary rights: is legal recourse viable alternative? AKADEMIKA, 77 . pp. 69-89. ISSN 0126-5008 http://www.ukm.my/~penerbit/akademika
institution Universiti Kebangsaan Malaysia
building Perpustakaan Tun Sri Lanang Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Kebangsaan Malaysia
content_source UKM Journal Article Repository
url_provider http://journalarticle.ukm.my/
language English
description The objective of this article is to examine the legal protection of native customary rights over land in the Borneo state of Sarawak. This is necessary because the conflict between native customary rights owners and the state has left the former more vulnerable. Firstly, it will look into the nature of the nation-state with historical evidence as the conflict evolved in the past. This is done generally by examining the state of NCR during the various sovereignties and in particular, two important legal documents, the Sarawak Land Code and Sarawak Forest Ordinance. The contest of land/forest use between the state and the forest peoples/indigenous peoples became sharpened since the 1980s. Commercial logging and cash crop plantations that had expanded in the last two decades had left them marginalised. Different indigenous communities’ respond differently and in recent years one community decided to take a legal course. Thirdly, this article looks at Nor Nyawai land mark case and discusses its implication on the indigenous peoples’ struggle to protect their land. In doing so, it will also prove its viability as an alternative for the indigenous peoples of Sarawak. As an alternative means to legal recourse requires a lot of efforts on the part of indigenous communities especially in the documentation of evidences of NCR.
format Article
author Phoa, John
spellingShingle Phoa, John
Protecting native customary rights: is legal recourse viable alternative?
author_facet Phoa, John
author_sort Phoa, John
title Protecting native customary rights: is legal recourse viable alternative?
title_short Protecting native customary rights: is legal recourse viable alternative?
title_full Protecting native customary rights: is legal recourse viable alternative?
title_fullStr Protecting native customary rights: is legal recourse viable alternative?
title_full_unstemmed Protecting native customary rights: is legal recourse viable alternative?
title_sort protecting native customary rights: is legal recourse viable alternative?
publisher Universiti Kebangsaan Malaysia
publishDate 2009
url http://journalarticle.ukm.my/607/1/akademika78%5B03%5DA4.pdf
http://journalarticle.ukm.my/607/
http://www.ukm.my/~penerbit/akademika
_version_ 1643734773437300736
score 13.211869

Similar Items