The Malaysian Court of Appeal has overturned a 2001 High Court decision
which recognised the land rights of the Iban people of Sarawak. Pulp
and paper companies had cleared the Iban's land and planted acacia
trees, and continue to be allowed to operate there.
While affirming
that indigenous peoples can claim rights to their land, the court ruled
that the Iban do not have rights to the land in question because a 1951
aerial photo showed the land to be primary forest rather than
cultivated land.
The Court of Appeal said in its judgement, The common feature which
forms the basis of a claim for customary rights is the continuous
occupation of land. The claim should not be extended to areas where the
natives used to roam to forage for their livelihood in accordance with
their tradition.
'Such view is logical as otherwise it may mean that vast areas of land could
be under native customary rights simply through assertions by some
natives that they and their ancestors had roamed or foraged the areas
in search for food.'
The Iban are appealing against the court's decision.
