Native Customary Rights on Land in Sarawak - PART I

What is Land Native Customary Rights in Sarawak?

PART I

NCR has been a subject of intense discussion in forums, seminars and consultations both locally and at the national level.  What is “Native Customary Rights” or NCR Land?  Is NCR recognised by the Government?

This brief write-up will give some insights into what NCR is all about as per Government’s perspective based on the current laws and practices. 

The system of natives creating rights over land by felling virgin jungles and putting the land under cultivation has evolved over one and half centuries since James Brooke became the First White Rajah of Sarawak in 1841.  In his journal (Vol. 1) James Brooke wrote:

“The fruit trees about the kampong, and as far as the jungle wound, are private property ...................”

The Rajah Order IX 1875 had also given due recognition to NCR over land which have been cleared.  The Order also gave warning that the one who felled the jungle may lose all claims to such land if the land is allowed to go uncared for.  This goes to show that the Rajah had already given due recognition to NCR land since this Order.  Furthermore, based on the findings of the Court, it was clear that rights over land were recognised in accordance with the customary practice of clearing old jungle and not abandoning them.