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FoxHershockMappingCommunities

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1994 and 1995 with community mappers producing hand<br />

drawn maps of the mid- and upper Baram regions. Keruan<br />

is based in Kota Kinabalu, Sabah,<br />

RESEARCH FINDINGS<br />

AND ANALYSIS<br />

UBRA was formed in 1989 by the Kayan community living in<br />

the longhouse of Uma Bawang, Sungai Keluan, Baram to<br />

promote the rights and interests of individuals and the<br />

community. In 1995, UBRA began its involvement in<br />

community-based mapping through a mapping training<br />

workshop conducted by the Borneo Project. In 1996, UBRA<br />

produced a hand drawn community map of their customary<br />

land area.<br />

SAM, a non-governmental organization involved in<br />

environment and development issues in Malaysia, was<br />

founded in 1977. In the 1980s SAM became actively<br />

involved with environmental and customary land rights<br />

issues in Sarawak. Their community-based mapping effort in<br />

Sarawak began in 1995 after they had received training<br />

from the Borneo Project. Their mapping activities mainly<br />

focused on villages in the lower and mid-Baram regions.<br />

SAM is the first NGO to apply GIS in their community<br />

mapping activities. SAM's headquarters is in Penang, but it<br />

also has a base in Marudi, Sarawak.<br />

BRIMAS is a grassroots organization that was officially<br />

formed in 1993 to look into indigenous peoples' concerns<br />

regarding native customary rights, the environment, and<br />

development issues on the Dayak's customary lands.<br />

BRIMAS community mappers received training from the<br />

Borneo Project in 1995 and 1997. Initially, the community<br />

mapping activities were carried out in the lower Baram<br />

regions, but were later extended to other communities<br />

throughout Sarawak. Toward the end of 2002, BRIMAS<br />

began to adopt the use of GIS, with funding assistance<br />

from Europe to procure hardware and from ESRI<br />

(Environmental System Research Institute) for the software.<br />

Currently, BRIMAS is actively assisting communities in filing<br />

legal claims for native customary rights with community<br />

maps being used as evidence.<br />

Reasons for mapping<br />

Threats of encroachment into customary lands led to the<br />

demand by indigenous peoples to have the state<br />

government delineate their boundaries. The state<br />

government has been slow in responding to these requests,<br />

and do so only if the Dayaks would agree to submit to the<br />

state's land development policies–policies that actually<br />

violate the native customary rights of the Dayaks. As a<br />

result, many communities, together with the CBOs and<br />

NGOs involved in this research, felt the need to take it<br />

upon themselves to document and delineate their<br />

customary lands.<br />

The initial expectation for community-based mapping was<br />

that the community would use the maps as a tool for<br />

negotiations with other parties; this has had limited success.<br />

For example, after Keruan assisted in mapping the Penan<br />

areas, the villages in Upper Baram used the maps to show<br />

timber companies the extent of their customary land<br />

territory, forcing some companies to pay the villages<br />

“goodwill money” to compensate for logs extracted from<br />

the land. However, this did not mean that the companies<br />

would stop their encroachment nor would they<br />

acknowledge the native customary rights of the community.<br />

Community maps have been most effective as supporting<br />

evidence for native customary rights claims in court. The<br />

community maps could show communities' historical and<br />

continuous occupation of their land. For example, in the<br />

Rumah Nor case, the judge went to great lengths in his<br />

judgment to describe a definition of native customary rights<br />

that extends not only to the longhouse and the cultivated<br />

land around it but that also includes areas in the forest used<br />

by the people to hunt, fish, and obtain forest products. The<br />

court then judged that witnesses' testimonies regarding the<br />

community's chronological history of settlement, customary<br />

land boundaries, and utilization of the lands as consistent<br />

90

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