KUCHING, Dec 16: The passing of the amendment to Article 161A of Federal Constitution recently is a dream come true for children with native and non native parents, says Dayak Chamber of Commerce and Industry (DCCI).
DCCI secretary-general Libat Langub in a press statement today said the passing of the amendment will pave the way for the offspring of native and non-native parents to finally be legally recognised as natives.
He thus welcomed the passing of the amendment to Article 161A of the Federal Constitution in respect of the definition of “native” of Sarawak.
Under the said amendment, a “native” of Sarawak is “a person who is a citizen and belongs to one of the races specified by State law as indigenous to the State”.
At present, Libat said the Sarawak Interpretation Ordinance, a State law, excludes children of native and non-native mixed marriages when defining natives of Sarawak.
He noted that a few native tribes in Sarawak were also left out in the definition of “native” of Sarawak in the said provisions of the law and are therefore legally not natives of Sarawak.
“The said amendments to the Federal Constitution and subsequent amendments to the Interpretation Ordinance will be in sync with the present time as intermarriages between natives and non-natives have become very common.
“The effect of the present law, before the amendments, has brought serious and dire legal predicaments to many children of mixed native and non-native parents in the area of inheritance and transfer of native land.
“Under the Sarawak Land Code, dealings in native land, such as transfer, between a native parent to his or her child of mixed native and non-native parents are prohibited because the child is considered not a native under the law,” he said.
Libat added that many children of mixed marriages did not apply to the Native Court for a native status for the purpose of the Sarawak Land Code to deal with native land matters although they might do so.
He explained that it was due to cumbersome and lengthy administrative processes and procedures as a result of unnecessary government bureaucracy causing unreasonably long delay for decisions on their applications.
In the meantime, he noted that caretaker Chief Minister Datuk Patinggi Tan Sri Abang Johari Tun Openg has undertaken that Gabungan Parti Sarawak (GPS) will table a bill in the State Legislative Assembly (DUN) soon to amend the definition of “native” in the Interpretation Ordinance allowing children of mixed native and non-native parents to be included in the definition of “native” of Sarawak and that a few more unlisted native tribes will be added to the present list of natives in the Federal Constitution.
Libat who is a lawyer said the amended Article 161A of the Federal Constitution read together with the proposed said amendment to the State’s Interpretation Ordinance will result in children of non-native and native parents to finally be legally recognised as natives.
Hence, he hoped that all elected representatives will support the Bill, once tabled, to amend the Sarawak Interpretation Ordinance. — DayakDaily
