KUCHING: Twelve indigenous groups are now recognised as native races of Sarawak. These are the Bagatan, Bakong, Bemali, Berawan, Dali, Lakiput, Jatti Miriek, Narom, Sa’ban, Tatau, Tring and Vaie.
They were included in the Interpretation (Amendment) Bill, 2022 which was unanimously passed in the State Legislative Assembly yesterday (Feb 15).
The Bill was tabled by Assistant Minister in the Chief Minister’s Department (Law, MA63, and State-Federal Relations) Datuk Sharifah Hasidah Syeed Aman Ghazali.
A total of 12 assemblymen including Baru Bian (PSB-Ba’Kelalan), See Chee How (PSB-Batu Lintang) and Chong Chieng Jen (DAP-Padungan) debated on the Bill.
Earlier, when tabling the Bill, Hasidah said a number of indigenous races were not included in the present Schedule of the Interpretation Ordinance, 2005 [Cap. 61].
“In view of this, the government is of the view that the list of races in the schedule needs to be updated,” she said.
She also said that under the amendment, a child from a mixed marriage may be considered as a native even if only one of his/her parents is a native, subject to the conditions and requirements to be imposed by the State Executive Council (MMKN).
“This amendment (on a child from a mixed marriage) is timely and a way forward for Sarawak where mixed marriages are common.
“With this amendment, a child will be considered a native as long as either parent is a native. There is no longer a requirement that both parents must be a native of Sarawak, as previously required.
“This is an extremely significant and historic amendment especially to the children of mixed marriages, as this amendment will resolve the serious and dire legal predicaments to many children of mixed native and non-native parents in the area of inheritance and transfer of native lands and many more other matters,” she said.
Hasidah said that the proposed amendment also included a new section 63 that empowers the MMKN to amend the Schedule in the event of any future addition to the races listed in the Schedule.
“The government is aware that this amendment may be open to exploitation and abuse, and in view of this the government, through the MMKN shall impose additional conditions and requirements before a person is recognised as a native of Sarawak. This is in addition to the preexisting requirement that he/ she must be a citizen and a natural born child of a native of Sarawak.
“Be rest assured that, although the definition of native is now broader, with the conditions and requirements imposed by the MMKN, the provisions in the new amendment will be safeguarded against abuse and/ or exploitations,” she said.
Apart from that, she said the amendment will not have any effect on any rights and privileges (other than the determination of native status) made or occurring prior to the date of coming into force of this Ordinance and which has been decided by a court of competent jurisdiction or by a competent authority.
“This means that these amendments will not be retrospective,” she said.
Hasidah also said that the amendment is done principally to bring the Interpretation Ordinance to be in sync or in line with the recent Constitutional Amendment passed in Parliament.
On Dec 14, 2021, Parliament passed the Constitution (Amendment) Bill, 2021 which amongst others, amended Clauses (6) and (7) of Article 161A of the Federal Constitution.
These amendments empowered the State to determine who a native of Sarawak is through the application of State law.
“This is also a testament to our governments’ willingness to update our laws in meeting with the complexities of the modern times and at the same time, recognising the diverse indigenous people of Sarawak, preserving our unique tradition, ancestral identity, social, cultural, indigenous character and our ethnic origins,” she said.
