Divers Paths to Justice - English - Forest Peoples Programme

Divers Paths to Justice: Legal pluralism and the rights of indigenous peoples inSoutheast Asialand in 1989 to start new gardens and build new homes. They cultivated theland for five years with no objection from other parties. The villagersassumed that they had legal title to the land and were just waiting for theState to complete the paperwork. 36 However, the villagers’ request for titleto the land was ultimately denied. Then, in 1992, the Desa HighlandCompany made an application to the land office for the same land. Thevillagers made a futile objection to the company’s application in a letter tothe land office.In May 2003, representatives from the Desa Highland Companyaccompanied by about ten police officers and three bailiffs came to “chasethe villagers away from the land”. 37 They came with chainsaws and heavymachinery to destroy the homes of the villagers and claim ownership of theland. The villagers resisted the demolition of their homes, and as a resultthey were arrested on 28 th May 2003 and placed in jail for fourteen days, onorders from the district officer. 38On 17 th June 2003, the farmers sent a memorandum to the Suhakam(Malaysian Commission on Human Rights) claiming that the company andthe police had violated their human rights. The villagers’ allegations fellinto the following categories: (1) the land was improperly alienated to thecompany; (2) the order of possession of the land and the subsequent jailingof the farmers were invalid actions; (3) there was improper use of force bythe police during the eviction of the farmers and the police were notimpartial (the manager of chrysanthemum farm and company’s lawyersaccompanied the police on the eviction making it appear that the companyand the police were working in collusion); and (4) the conditions of thenatives trying to establish a history of ownership of the land, even if they have notcultivated it (Doolittle 2005).36 According to current State regulations governing customary law, if land iscontinuously occupied for three years and if no one raises any objections, then theoccupants are entitled to the land (New Sabah Times 2004).37 Suhakam 2003:138 ibid.200396