The Malaysian Court of Appeal has overturned a 2001 High Court decision recognizing the land rights of the indigenous Iban community of Sarawak, thereby allowing the operation of pulp and paper companies that have cleared the area to plant acacia trees. The court based its decision on a 1951 aerial photo that showed the land in question to be primary forest, rather than cultivated territory, according to Survival International.
"The common feature which forms the basis of a claim for customary rights is the continuous occupation of land," the Court of Appeal ruled in its judgment, as reported by Survival International. "The claim should not be extended to areas where the natives used to roam to forage for their livelihood in accordance with their tradition." The Iban are expected to appeal the ruling.
