KUCHING – Former president of Sarawak Dayak National Union Datuk Daniel Tajem has called all Dayak non-governmental organisations (NGOs) such as the Sarawak Dayak National Union (SDNU), Sarawak Dayak Iban Association (SADIA), Dayak Bidayuh National Association (DBNA), Orang Ulu National Association (OUNA), Sarawak Dayak Graduates Association (SDGA) and Dayak Chamber of Commerce and Industry (DCCI) to organise a seminar on the Marina issue as well as on Articles 161a of the Federal Constitution.
“Let us discuss these issues and submit resolutions to the government especially on the clear definitions of Dayak, Iban, Bidayuh and Lun Bawang in the Federal and State Constitutions as well as in the Sarawak Interpretation Ordinance,” said Tajem, who is a lawyer of some standing.
“We must come together and discuss these issues which are very important to our survival and the privileges and rights that should be accorded to us under the Constitutions.
“Otherwise we will be further marginalized, suppressed and oppressed in the country of our birth,” he added and called on the Dayak NGOs to accept the challenge posed by him.
Marina Undau is not alone. Tens of thousands of other natives in Sarawak who come from mixed marriages cannot be classified as natives (bumiputra) even though their fathers are Dayaks, if the Article 161a (6) (a) Federal Constitution is to be imposed.
161a(6) says that in this Article ‘native’ means (a) in relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and (b) in relation to Sabah, a person is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.
(7) The races to be treated for the purpose of the definition of ‘native’ in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabit, Kayans, Kenyahs (including Sabups, and Sipengs), Kajangs, (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowit), Lugats, Lisums, Malays, Melanaus, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.
Since Marina’s story was highlighted by a local newspaper on 29 October that she was not a native (bumiputra) even though she was born to an Iban father and a Chinese mother, thousands of the off-springs from these mixed marriages are worried as they will not (from now onward) be entitled to privileges as spelt out in Article 153 of the Federal Constitution. Their investments in ASB, their privileges of scholarships, applications to study in UiTM, special rates to buy houses, special consideration in business and contracts, native customary rights over land, and etc may not apply to them.
Debates and discussions on the issue in coffee-shops, in offices, in newspapers and internets, in some cases bordering sedition, have sprung up from various quarters including Chinese, Malay and Dayak leaders. While some have put the blame on the Ministry of Education, others put the blame on our political leaders. There are those who also blame the pioneers of the Malaysian Agreement.
Deputy Minister of Information, Communications and Culture Joseph Salang, described as “narrow-minded” the officers who rejected Marina’s application to enter a matriculation programme by citing the provision in the constitution.
Salang, who is Publicity Officer of Parti Rakyat Sarawak (PRS), said that Malaysia could do without these officers who were creating tension and disunity in the country.
“Whoever cited the provision does not understand it well. These officers need further education,” he told a local paper.
The MP for Serian, Richard Riot, used equally strong words to describe the rejection of Marina’s application as a “sick policy stuck in a time warp”, viewing the case as “very serious, because if the policy is allowed to remain in place it not only will make a big joke of the 1Malaysia concept, but many children of such mixed marriages are going to lose their Bumiputra status, despite the facts that they are Dayaks and live the life of Dayaks.”
“This is one unhealthy development that I see is a step backward, while the nation seeks to unite Malaysians through all kinds of means like creating the National Unity and Integration Department, celebrating open houses, encouraging Malaysians to mix and mingle and lauding the many mixed marriages among Malaysians.
“The Federal Constitution needs to be amended. Bidayuh people like me, who are proud of our race and are strong supporters of Barisan Nasional, will go extinct if this is allowed to continue,” he said.
PRS president James Masing, who is Land Development Minister said that it was shameful that admission into local universities is still based on race rather than merit.
“Such methods do not sit well with Prime Minister Najib Razak’s concept of 1Malaysia,” he said.
Peter Minos, chairman of Bun Bratak Heritage Association, on the other hand believes that Marina is an Iban and Bumiputra, saying “this is universally the case, law or law or if the law is silent. Someone in the Ministry of Education is very wrong.”
Marina is a Dayak Iban, Minos said, and she should be given access to the best education. She is able and willing, like all the struggling Bidayuhs and Orang Ulu from the rural areas, to further her education.
“It is scandalous to deny a poor Dayak kid a good life through education,” he said.
The newly appointed Chairman of Parti Keadilan Rakyat Sarawak and a lawyer, Baru Bian said that all Sarawakian children should be given free education up to university level irrespective of their racial background.
“It is a shame for Sarawak with its wealth and abundant natural resources that children of low income earning families are deprived of education due to financial constraints,” he said, accusing the Barisan Nasional’s racist policies they profess are causes of increasing racial division in the country.
Deputy Dewan Rakyat Speaker, Wan Junaidi Tuanku Jaafar said that huge political and social-economic ramifications if the Bumiputra status of children in Sarawak, who are born to Bumiputra fathers and non-Bumiputra mothers, are not ratified.
These privileges included land purchases, holding Bumiputra shares in Amanh Saham Bumiputra (ASB) besides education, he said.
But Erang Ngang, Sarawak National Kenyah Association Vice chairman said: “Do not blame the Education Ministry’s officers for rejecting Marina’s application for university matriculation. It is the fault of the Federal Constitution.”
Erang who is married to a Chinese and his son who scored 8A1 and 1B in SPM 2003 was denied a scholarship for reasons which he suspected, is the same as Marina’s.
“The education officer who handled Marina’s application did nothing wrong as the definition of Bumiputra in Sarawak is very clear in the constitution. If this definition is not amended, children of mixed parentage will continue to suffer discrimination in terms of business, government jobs, promotions and other privileges reserved for Bumiputras alone,” he said.
Commenting on the Marina issue, former State Attorney General JC Fong highlighted three points: Firstly, that the Federal Laws are supreme and prevail over state laws. Secondly, the Sarawak Interpretation Ordinance defines the term ‘native’ the way as the Federal Constitution. And his third point, he said that it is possible to change both constitutions through proper procedure.
What are the solutions?Many talk about amending both the Federal and the State Constitutions as the way to ensure that children born from Dayak fathers and non-native mothers be considered as natives or Bumiputra. This should be easy if there is a political will as both BN and Pakatan Rakyat will certainly support the move. Parliament needs a
two-third majority to amend that part of the Constitution.
Salang said that he had written to Deputy Prime Minister Muhyiddin Yassin to recommend Article 161a of the Federal Constitution be amended, otherwise it may cause social and economic complications in the future.
“The time has come to amend Article 161a of the constitution. As society progressed and strived towards achieving the 1Malaysia concept, the issue of ‘Bumiputra’ and ‘non-Bumiputra’ should no longer arise in the future particularly in matters concerning educational opportunities and welfare assistance,” said Deputy Chief Minister George Chan.
Chan, who is also President of the Sarawak United People’s Party, said that if the country keeps on having these sorts of different directions, then our country cannot progress. As Malaysian citizens we must think like 1Malaysia.”
In Sarawak as revealed by Dr. Masing there exists a
Cabinet Committee for endorsing Bumiputra status, and the committee which meets once a year and chaired by Chief Minister Abdul Taib Mahmud has so far approved hundreds of applications with the only criterion that one of the parents must be a native.
The committee gives final endorsement to the applications of those who applied to be natives. But the question is whether what the committee has done so far is in violation of the laws.
Another solution is through
Native Court declaration. “We have done it before and many of my relatives who are coming from these mixed marriages have now become natives,” said Tajem.
“You apply to the Court to be declared a native,” he added.
He said:
“Our problems today were the result of not properly looking into the contents of the Federal and State Constitutions by the British authorities when we first joined Sabah, Singapore and Malaya to form the Federation of Malaysia.
“Our Attorney General at that time was a British and he should have seen that our rights are properly protected and the word Dayak should be properly defined,” he said, pointing out that they could not blame Sarawak’s founding fathers for these “faults”.
“There is no clear definition as to who are Dayaks in Article 160 of the Federal Constitution. There are only words ‘Sea Dayak’ and ‘Land Dayak’. So whether Dayak part can be called Dayak and whether all natives can be defined as Dayaks?’ he asked.
“Dayak is a Bidayuh word means people, and so is the word Iban, a Kayan word, also meaning people,” he said.
The word ‘Iban’ was adopted in place of Sea Dayak during the 1957 Penghulu Conference.
Tajem said that the Federal and State Constitutions as well as the Sarawak Interpretation Ordinance need to be amended together, he said. –
The Broken Shield Source: www.thebrokenshield.blogspot.com
