KUCHING: Making statements saying Malaysian Indians and Chinese are pendatang (outsiders) is not only seditious but can cause racial tensions, a lawyer stressed.
Voon Lee Shan said Malaysians should never forget the tragic outcome of the May 13, 1969 riots.
The Parti Bumi Kenyalang president said let it be known to all, including Malayans and Prime Minister Tun Dr Mahathir Mohamad, that “by a Rajah Order No. VIII of 1930, all natural-born Sarawakians are natives of Sarawak.”
“The said Order said, ‘A Native’ means a natural-born subject of His Highness, the Rajah. This is a great legacy to jus soli.
“So far, I cannot find anything that says that this Rajah Order No.VIII of 1930 has been repealed. This, therefore, is still valid law,” Voon explained.
He added that the late Sarawak Chief Minister Pehin Sri Adenan Satem had also said clearly that Chinese, Indians and other races born here “are not guests or outsiders in this land.”
“This is consonant with Article 153 of the Federal Cconstitution where the legitimate interests of other communities shall be safeguarded by the Yang di-Pertuan Agong. For this reason, Sarawakians of all races can live harmoniously because Sarawakians never bring race issues into politics,” said Voon.
He advised Malayans not to export their race politics into Sarawak.
“You are simply not welcomed. Perhaps the time has come for Sarawak to be truly regulating immigration, which is still in federal hands.”
He suggested that perhaps a properly convened Constitutional Native Court could make a difference.
“Be it known that Article 160A(6) of the Federal Constitution stated that ‘Native’ in relation to Sarawak was inclusive of a person who is a citizen of Sarawak having invoked the right of jus soli,” explained Voon.
Therefore, he pointed out that Article 160A(6) did not cavalierly constrict, restrict or confine indigenous people of Sarawak while attempting to define the word, ‘Native’.
Further, he said being issued with Malaysian identity cards depicted and evidenced Malaysian citizenship, not ‘Native-ship’.
He said one should not deny that Chinese, Indians and other races are indigenous (native) people as citizens of Sarawak.
Voon said being born in Sarawak, “it is a birth right of all people born here to be given citizenship as Sarawakians in this land.”
“A birth right is an inalienable right that could not be taken away because it is a recognised principle of customary international law that people born in this world should have citizenship and could not be made stateless.
“This is the essence of the Universal Declaration of Human Rights, 1948. It is time our legal scholars, professors of law, lawyers and judges spend quality time understanding and grasping what the law is and what it ought to be.
“The law is not a changeless code, but in constant development and growth. Dynamic, not static,” he added.
