Thursday, April 15, 2010

Bakun Native Customary Rights (NCR) Extinguished

The Court of Appeal (CA) sitting in Putrajaya has upheld a Kuching High Court decision taken on 28 April 2008, in extinguishing NCR over Bakun reservoir area.

The CA affirmed the validity of the extinguishment of NCR under Section 5(3) and (4) of the Sarawak Land Code, whereby plaintiffs Bato Bagi and others cannot reclaim their former native customary land (NCL) for which the government has compensated them.

With this decision, all impediments to the impounding of the reservoir for the Bakun dam has been removed.

Terrific news. With a dozen more dams to go, expect further extinguishment of NCR land to be systematically executed, with displacement of indigenous communities from the land their ancestors have lived for centuries, loss of forest resources and wanton destruction of biodiversity in almost the last frontier of earth's tropical rainforests.

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