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Resource Management Regimes among the Swidden Agriculturalists of Borneo: Does the Concept of Common Property adequately map Indigenous Systems of Ownership ? - The Land Dayaks of Sarawak, Borneo

Reference
Appell, G.N.: " Resource Management Regimes among the Swidden Agriculturalists of Borneo: Does the Concept of Common Property adequately map Indigenous Systems of Ownership ?", Paper presented at panel session: "Property in Common Property", The International Association for the Study of Common Property, University of Manitoba, Winnipeg, Canada, sep. 26-29, 1991.
Coverage of the Institution
The villages of Bidayuh Land Dayak people of Sarawak. The institution is concurrent.
Rules for Management of the Institution
(a) Boundary Rules
SOCIAL BOUNDARIES: Use rights of swidden areas are given to descendants of the original feller who are married men, who have children and reside in a seperate longhouse appartment. Village reserves can only be cultivated by members of the village, unless prior permission is given by the village headman. The village headman can also allow outsiders to join the village as such. SPATIAL BOUNDARIES: The village reserves.
(b) Governance rules
Village members can create use-rights for the village reserve. ?????
(c) Resource Allocation
If two or more rightholders wish to cultivate the same piece of land, following principles for distributing use rights will be used: The one who has used the land less recently will have the best right. If two or more claimants have never used the land before, their fathers', grand-fathers' or more remote ancestors use will be taken into account. If this does not solve the problem, e.g. if all claimants descend from the last person who used the land, the eldest claimant will be given the right.
Conflict Resolution Mechanism
Not reported
Problems Faced by Institution
Not reported
Changes in the Institution over time
The amount of co-owners of cultivation rights decreases as some co-owners will move to other villages, get access to better use rights or simply forget that their rights exist.
Other Features of Institution
Appell refer to this institution as an example. The original study was done by W.R. Geddes: " The Land Dayaks of Sarawak.", Colonial Research Studies No.14, Her Majesty's Stationery Office, London, 1954.
Purpose
Distribution of land.
Country
Malaysia
Region
Sarawak, Borneo.
Date Of Publication
TroB 180396.