By DayakDaily Team
KUCHING, Sept 2: Sarawak indigenous rights activist Peter John Jaban raised the possibility of reviving and establishing a Native Court system independent of the State government’s structure, one that is rooted entirely in ‘adat’, the traditional customs and practices passed down through generations long before colonial or State administrations arrived, to defend the rights of indigenous communities.
In a statement, Peter, who is also a member of the International Indigenous People Movements for Self Determination and Liberation (IPMSDL) and deputy president for Global Human Rights Federation Malaysia, said that long before the era of the White Rajah, disputes that were resolved through a Native Court had no trained lawyers or State-appointed judges, yet its decisions were respected, legal, and binding within the community.
He argued that cases brought before the Native Court—especially those related to customary land rights—would carry greater legitimacy, as these disputes fall directly under the jurisdiction of native law where indigenous customs and traditions are central to justice.
“This system of justice is deeply rooted in your traditions and should never be abolished or undermined. In fact, I believe this traditional Native Court is constitutional. A thorough study of the Federal Constitution will show that the answer lies within it. Secure judgments from your Native Court and enforce them with full confidence in your heritage,” he said.
He also pointed out that it was essential to remember that natives are not limited to seeking protection only from the civil courts, as the Federal Constitution protects the rights of minorities, including the natives of Sabah and Sarawak.
“The Federal Constitution of Malaysia explicitly protects the rights of Sarawak and Sabah natives under Article 153 of the Constitution. The King is entrusted with safeguarding the special position of natives of Sabah and Sarawak, alongside Malays.
“Article 161A defines ‘native’ and authorises special protections, including State-level laws reserving or prioritising land and resources for natives, even if this creates exceptions to the equality clause (Article 8),” he said.
Meanwhile, Peter added that several land rights non-governmental organisations (NGOs) have expressed their views on numerous occasions regarding the rights of indigenous people to their customary land and how these rights can be better protected.
“If the civil courts cannot deliver justice, the natives of Sarawak should explore other legal avenues to defend their ancestral lands, rather than depending solely on the civil court system.
“I strongly urge the indigenous community to seriously consider bringing their cases to the Native Court because native customary land matters fall squarely under its jurisdiction,” he said.
He stressed that the Native Court is not just a legal institution; it is a recognition of Sarawak’s unique cultural autonomy, as Native Law ensures that indigenous customs are respected and upheld, guaranteeing that the voices of the Dayaks and other indigenous groups remain strong in protecting their heritage, identity, and land for future generations.
“For centuries, the Native Court resolved disputes, maintained social harmony, and safeguarded the rights of indigenous communities.
“These systems are deeply embedded in the Federal Constitution and remain essential for preserving Sarawak’s unique cultural and legal heritage,” he said. — DayakDaily
