Why definition of ‘Native’ not gazetted yet?, asks Baru

BARU Bian (PSB-Ba Kelalan) wants the minister in charge of Law to explain the delay in gazetting the amendment to the definition of ‘Native’.

He lamented that in recent times, children of mixed marriages between Natives and non-Natives had been encountering various problems in matters of land transfers, inheritance, entry into educational institutions and other issues because of ambiguities or confusion or perhaps refusal of some bodies or institutions to accept the wider definition of ‘native’ to include children of mixed marriages.

He pointed out that to address this issue, Article 161A of the Federal Constitution was amended in December 2021, defining ‘Native’ in Sarawak by reference to the definition of races considered indigenous by State Law.

“In February this year, the Interpretation (Amendment) Bill 2022 was unanimously passed at the State Legislative Assembly (DUN), conferring native status to children of mixed-marriage, of which one parent is a Native, by the following definition of ‘Native’: ‘a person who is a citizen and a natural born child of a person of a race indigenous to Sarawak’.

“This definition gives a clearer picture that only one of the parents needs to be of an indigenous race in order for the child to be considered a Native.

The amendment also provided an updated of list of tribes considered to be Natives of Sarawak.

“The then minister in the Prime Minister’s Department is reported to have said that as per the Interpretation (Amendment) Bill 2022, the recognition is now given to Sarawak children with mixed parentage even though only one parent is a Native and that the amendment thus solves many serious legal problems affecting children of mixed marriages including the issue of inheritance and transfer of land ownership.

“The Natives of Sarawak were understandably elated when the amendment was passed in February, thinking that their Native status was finally being recognised,” he said when debating the State Budget 2023.

Baru, however, said many are still encountering obstacles in land transfers and other matters, reason being that the amendment has not yet been gazetted.

He pointed out that the Deputy Minister in the Chief Minister’s Department (Law, MA63 and State-Federal Relations) had said in February when the Bill was passed, that the amendment was timely and necessary to give effect to the 2021 amendment to the Federal Constitution, adding that the gazetting would be implemented by the state government through the State Secretary, “within two weeks” after passing of the bill in this august House.

“A very close relative as recently as last month faced the problem of transferring a Native land status to him by reason, according to the land office, that this law is not gazetted yet.

“I would like to ask the minister in charge the reason for the delay in gazetting the amendment, and to expedite the gazetting so that the amendment to the Federal Constitution can be made effective without further delay,” he said.