Report of the National Inquiry into the Land Rights of Indigenous Peoples 23 areas are customarily demarcated and managed as they represent a source of food and mode of transportation. Usually rights over rivers and coastal areas are shared with other communities, and also involve shared management responsibilities. The traditional Tagal system, a traditional fish management practice, is now incorporated within the Sabah Fisheries Enactment, yet section 15 of the SLO has not been harmonised. Similarly, the State has adopted the integrated coastal management plan with some elements incorporated in the Sabah Conservation Enactment. Coastal communities and some inland communities continue to manage specific areas as these represent important food sources and settlement areas. 3.19 While the Sabah Forestry Enactment 1968 under section 41 allows communities to harvest forest produce for its use, section 15 of the SLO only recognizes isolated fruit trees, and sago, rotan, or other plants of economic value that can be claimed by individuals as part of their NCR. 3.20 An important economic and social activity for natives is hunting, and recognition of communal hunting areas should be included under section 15. The Sabah Conservation Enactment 1997 recognises community hunting areas (section 32) and honorary wildlife wardens (section 7) from the community. 3.21 Conservation and management areas within a customary territory are also getting increasing attention and support. Protection of traditional knowledge associated with conservation of biological resources is very clear in the Sabah Biodiversity Enactment 2000 under section 9(1) (j), with clear provisions for protection of resources in NCR land in section 16(b). Collective Ownership 3.22 Traditionally, land was collectively held by the community. Now, apart from communal forests and village settlement reserves, and rivers, most agricultural land or grazing areas are registered as individual properties. Section 15 (c) of the SLO clearly spells out that the land is a private rather than collective resource. Apart from the provision for Native Reserves under section 78 of the SLO, in reality no other section provides for community collective ownership. Although section 76 deals with Communal Titles, it is hardly used to recognise collective ownership. SARAWAK ADAT AND LAND TENURE22 3.23 The adat23 is the guiding principle with regard to rights in establishing a village territorial domain, individual acquisition of land for cultivation, boundary and inheritance. The territorial domain held by a distinct longhouse is known in Iban as pemakai menua24 (Topat Pimuung in Bidayuh) and includes farms, gardens, old longhouse sites, fruit groves, cemetery, water 22 Based on the Sarawak research report commissioned by the National Inquiry (see Annex). 23 A. J. N. Richards’ 1992, An Iban-English Dictionary, Penerbitan Fajar Sdn Bhd., Petaling Jaya (Second Impression) p. 2 defines adat as a “way of life, basic values, culture, accepted code of conduct, manners and conventions”. Eric Jensen1974, Iban Religion, Oxford: The Clarendon Press p. 5 observes that adat involves an indigenous “system of agriculture”. The Malaysian Criteria and Indicators for Forest Management Certification [MC&I (2002)] defines adat as “native customs which include way of life, basic values, system of belief, code of conduct, manners, conventions and cultural practices according to which indigenous society is ordered”. 24 The same concept is known as torun tanak upuo in Bidayuh, tana’ sengayan in Kayan, tana’ kanan in Kenyah, tana’ bawang in Lun Bawang and Kelabit, tana’ pengurip in Penan etc. In this paper, Iban terms or terminologies are used; where terms or terminologies from other communities are used, these will be indicated. chapter 3_a4.indd 23 SABAH 7/5/13 6:43 PM