Report of the National Inquiry into the Land Rights of Indigenous Peoples 25 3.28 Another important category of land is pendam, a designated community cemetery for the longhouse or village. It is located within the pemakai menua and is established with appropriate rituals on land held in common by the community concerned. Rules pertaining to a cemetery are clearly explained in the codified adat of the different Dayak communities, and the violation of any of the rules is dealt with by the appropriate sections of the adat. For instance, there are rules which prohibit the cultivation or development of land designated as cemetery. 3.29 Pulau (also referred to as pulau galau or reserved forest) is an area of primary forest outside the cultivated area, but within the pemakai menua of the longhouse. Pulau is normally owned by the community. Rights to it reside with the community that owns it. People from other longhouses may hunt, collect wild vegetables and uncultivated foodstuffs or cut bamboo, cane and creepers in the pulau, but may not extract timber or climb fruit trees where exclusive rights to these resources rest with the longhouse community that owns it. 3.30 Pulau (in Iban, Obut in Bidayuh) can be broadly divided into pulau papan, pulau ban and pulau buah. Pulau papan, pulau ban provides the longhouse essential items such as timber for house construction and for building boats, jungle vegetables, rattan and other jungle produce. It is a hunting ground for the community as well as an important water catchment. Within the pulau papan, pulau ban area, individuals during the pioneering days had staked their claims over rights to a number of different trees. These included kayu ban (timber), especially teras or belian (ironwood), engkerebai, fruits of which are used to produce dyes, engkabang and other oil-yielding trees, tekalong, bark of which is used to make bark cloth and carrying straps, and tapang which provide a place for bees to produce honey. Claims to trees were created in two ways.30 Firstly, the first person to find a tree claimed it by clearing the undergrowth around its base. When this act was drawn to public attention, the claimant established exclusive rights over the tree. Such rights are inheritable and passed down to the descendants of the claimant. Secondly, a tree was planted, and the planter established rights to it which are inheritable by his future descendants. 3.31 All descendants of an original tree finder or planter share rights of harvest of its fruits. These rights extend to their husbands, wives and other household members. Pulau buah is a fruit grove which contains different types of trees, growing wild or planted. Claims to fruit trees are created in similar way as claims to other trees discussed earlier, and rights of inheritance follow the same principle as those of tree tenure. 3.32 Fruit trees, are commonly planted in the longhouse precinct, usually behind the planter’s apartment. Rights over such fruit trees continue to be recognized in former longhouse sites which serve as community fruit-tree reserves. During the pioneering days, fruit trees were also planted at the riverside forest corridors and in the pulau area. These fruit trees serve not only as an evidence of the planter’s rights to the trees or plots of land, but also the community rights to a particular area which is next to a neighbouring longhouse or village. Penan resource tenure 3.33 The Penan are traditionally a nomadic people. Although no more than 400 individuals are still nomadic, the majority of them have only settled down in the 1970s. In most cases, these settled Penan are settled only in name, as a large number still depend on the forest for food 30 For detail see Clifford Sather 1990, “Trees and tree tenure in Paku Iban Society: the management of secondary forest resources in a long-established Iban Community”, Borneo Review 1(1) pp. 16-40. chapter 3_a4.indd 25 7/5/13 6:43 PM