Malay cannot be imposed as the sole official Language in Sarawak

20 Feb 2012

KUCHING:   Sarawak PKR Chief Baru Bian reminded Dewan Bahasa Dan Pustaka that it cannot impose Malay as the only official language to be used in Sarawak as it is in a special position in that English still remains one of the official languages in the state.

“We are not bound to adhere to the National Language Act 1963/1967 which requires that Bahasa Malaysia be used for official purposes,” he said.

Bian, who is Ba’Kelalan assemblyman, was responding to Dewan Bahasa Dan Pustaka’s proposed audit to assess the usage of Bahasa Malaysia as the official language in government departments, agencies and ministries.

“With regard to the first principle of the audit, i.e the extent of compliance with the National Language policy, I wish to point out that Sarawak is in a special position in that English remains one of the official languages here.

“Our oft-forgotten 18-point agreement with Malaya provides particular protection for the use of the English language for Sabah (North Borneo) and Sarawak that Malay should be the national language of the Federation, while English should continue to be used for a period of 10 years after Malaysia Day.

“And English should be an official language of Borneo (Sarawak & Sabah) for all purposes, State or Federal, without limitation of time,” he said.

Article 152 of the Federal Constitution, which was commemorated at the 152 Language Day at DPN Sarawak on 15 February 2012, states that Malay language is the national language but everybody is free to learn and use other languages except on official purposes such as any purpose as regards to the government, federal or state and any purpose of a public authority.

All court proceedings, parliamentary documents and meetings must be conducted in Malay language.

Bian said: “It may be well and good that the Dewan Bahasa dan Pusaka had decided to single out Article 152 for commemoration but it must be borne in mind that for Sabah and Sarawak, Article 152 cannot be read in isolation from Art 161 in Part XIIA ‘Additional Protection for States of Sabah and Sarawak’.

“Article 161 provides that ‘… no act of Parliament terminating or restricting the use of the English language… shall come into operation… until the Act or relevant provision of it has been approved by an enactment of the Legislature of that State.’

“This exemption preserves for Sabah and Sarawak the use of English in the Courts, the Legislative Assembly or for other official purposes (including the official purposes of the Federal Government). [ Art 161 (2)(b) & (c)].

“In Sarawak, the National Language Act 1963/1967 has not been approved by an enactment by the Sarawak State Assembly and hence its provisions do not apply in here.

“Therefore it is not mandatory that Bahasa Malaysia should be the only language used in our government departments and ministries, even for purposes of the Federal Government,” Bian pointed out.

He went on to say that: “In fact, Art 161(5) of the Federal Constitution provides that notwithstanding anything in Article 152, in the State of Sabah or Sarawak a native language in current use in the State may be used in native courts or for any code of native law and custom, and in the case of Sarawak, until otherwise provided by enactment of the Legislature, may be used by a member addressing the Legislative Assembly or any committee thereof.

“Similarly, Art 26 (8) of the Sarawak Constitution provides that ‘For a period of 10 years and thereafter until the Legislature by law otherwise provides, all proceedings in the Dewan may be in the English language, and subject to the standing orders of the Dewan Undangan Negeri, members may use any native language in addressing the Dewan.

“Having set out the Constitutional and legislative provisions regarding the use of English and Bahasa Malaysia in Sarawak, let me state that I am not against the use of Bahasa Malaysia in Sarawak.

“What concerns me is that Sarawakians must know, understand and appreciate the uniqueness of our State and her people, and the efforts made by our forefathers to protect and safeguard this uniqueness.

“We have a particular richness in language and culture from our various ethnic groups, and we must value and maintain this heritage. Our past leaders made special provisions in the 18-point agreement to protect our rights in recognition of the fact that even in our diversity, we had an established sense of identity before joining the Federation of Malaysia.

“The safeguards were formulated to enable us to retain this sense of identity and to continue ‘to ensure that our beloved subjects shall ultimately enjoy their inherent right to control their own lives and destinies’ as proclaimed by Sir Charles Vyner Brooke in the first clause of Sarawak's first written constitution in 1941.

“These safeguards include the freedom to conduct our business in English, Bahasa Malaysia, Chinese and the native dialects. Sarawakians have always taken pride in our command of the English language, and we must continue to maintain this mastery for the sake of the future generations.

“The English language is a language which opens up the global world to us. It is the language of learning, and enables us to take our place in the world scene, whether it is in business, academia, the arts, diplomacy, research, science etc. It would be a great shame and a disservice for us and the future generations of Sarawakians to disown or neglect a language which has served us so well,” Bian said.

He noted the Federal Government’s desire to promote the use of Bahasa Malaysia.

 “However, all parties involved must be aware of the constitutional rights and the special position of Sabah and Sarawak.

“By defending our rights, I am by no means advocating a regression into the past – I am simply calling for recognition of the uniqueness of our ethnic and religious mix and encouraging the various ethnic groups to embrace their heritage and celebrate their differences.

“Once a culture is lost, there is no easy way of regaining it.” he said, pointing out that he does not agree with the first principle of the proposed audit, but wholeheartedly support the implementation of the second principle, i.e to improve language quality.

“Let us not promote one particular language to the exclusion of the others. Mastery of multiple languages is the key to education and to progress and development in this increasingly borderless world.

“We would be taking a myopic view to restrict the use of other languages in our workplace and in our lives. Sarawak does not prescribe to one particular language as her official language and we are proud of that fact,” Bian added. 

Write this, they are Bumis

From The Malaysian Mirror

KUCHING –The Ministry of Higher Education has informed all public universities that the Government has issued an administrative order recognising as “bumiputras” the people of Sabah and Sarawak where either parent is a bumiputra.

In a two-paragraph circular dated on 23 November 2009 distributed to public universities, government agencies and departments, the Ministry said: “For general information, the government has agreed to recognise as ‘bumiputras’ the people of Sabah and Sarawak where either parent is a bumiputra.

“The government has also directed all ministries, departments and government agencies to implement the said decision,” said the Ministry.

The circular clearly mentioned that if one of the parents is a bumiputra and the other is a non-bumiputra, the offspring from the marriage are considered as bumiputras as far as going to higher education is concerned.

It is not clear, however, if such offspring are entitled to privileges and rights of natives as spelt out in 161A (6) (a) of the Federal Constitution which says “in relation to Sarawak who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is mixed blood deriving exclusively from those races;”

Clause (7) says “the races to be treated for the purposes of the definition of “native” in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabits, Kayans, Kenyahs (including Sabups, and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Lugats, Lisums, Malays, Melanaos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.”

“While we welcome the Government’s decision to accept children whose parents either one is a bumiputra as bumiputras for the purpose of admitting them to education of higher learning, we are still not quite comfortable unless the Article 161A (a) is amended,” said a veteran lawyer whose children come from a mixed marriage.

“Can my children be entitled to privileges and rights as spelt out in Article 153 of the Constitution such as in business, housing, loans, permits, ASB investments, etc?” asked the lawyer who did not want to be identified.

He added: “The reason why we are still not comfortable is because any time the government feels it wants to revoke the order, it can do so.

“I believe it (order) has no legal binding,” he stressed.

The administrative order came in the wake of the criticisms by politicians and public against the decision of the Ministry of Higher Education refusing to accept Marina Undau’s application for matriculation course on ground that she is not a bumiputra even though her father is an Iban. Her mother is a Chinese.

Marina has now been accepted into one of the public universities.

Source: http://www.malaysianmirror.com/homedetail/45-home/22414-write-this-they-are-bumis

Let us discuss Dayak Dilemma

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

Is Iban a Bumiputra or not?

The Borneo Post today (29 Oct 09) carried a very interesting story of an Iban girl who failed to secure a place in the university as she was considered a non-Bumiputra. Let me produce some relevant parts of the story here:

KUCHING: Getting her Sijil Pelajaran Malaysia (SPM) result was the best – and the worst thing that could happen to Marina Undau.

The 18 year old science stream student of SMK Simanggang scored 9As and 1B in the SPM examination last year.

She thought she was on her way to university, especially being a Bumiputra and all, but that was not to be.

Born to an Iban father and a Chinese mother, Marina’s life was turned upside down when her application to undergo a university matriculation programme was rejected by the Ministry of Education. The Ministry determined that she is not a ‘Bumiputra’.

He dreams were crushed and in the process she lost part of her identity and the drive that that made her a top scorer. With no chance of entering university for now, Marina has started Form 6 in her old school.

Asked what she thought of everything that was happening, she replied: “What worries me is that will this happen again when I pass my STPM next year?” And what confuses Marina more is how her elder sister could further her studies in Universiti Sains Malaysia in Pulau Pinang where she is now in her second year without ever having her identity questioned.

When Marina’s application was rejected, Undau (the father) contacted the Education Ministry’s Matriculation Department in Putrajaya on June 23 and was told that her daughter was not a ‘Bumiputra’.

Dissatisfied, the father, a government servant, wrote to the ministry on July 1 and the reply he got shocked him, and it bound to challenge the identity of many Sarawakians who are born of mixed parentage.

The ministry said in a reply on July 14 that Undau’s appeal was turned down because “the candidate is categorized as non-Bumiputra (father is Iban and mother Chinese)” based on a definition used by the Student Intake Management Division, Higher Learning Department and Higher Education Ministry.

Their definition is as follows:
# Semenanjung - If either parent of a candidate is Malay who is a Muslim/Orang Asli as defined in Article 160 (2) of the Federal Constitution, the child is considered a Bumiputra.

# Sabah – If the father of the candidate is a Malay/native of Sabah as defined by Article 161a(6)(a) of the Federal Constitution, the child is considered a Bumiputra.

# Sarawak – If the father and mother is a native of Sarawak as defined under Article 161A (6)(b) of the Federal Constitution, the child is considered a Bumiputra.

Article 161a of the Federal Constitution

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 a mixed blood deriving exclusively from those races;

• (b) in relation to Sabah, a person who 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 purposes of the definition of ‘native’ in clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kelabit, Kayans, Kenyahs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs dan Kanowits), Lugats, Lisums, Malays, Melanaus, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.

A spokesperson for the National Registration Department here said that in Sarawak, if a person is born to an Iban and his mother is Chinese, he is considered as an Iban according to the race of his father.
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If the Higher Ministry of Education really applies the ruling as it does to Marina, then many of those having native fathers with Chinese as their mothers in Sarawak will suffer. For Marina, her status as a Bumiputra is being questioned and it is made worse by the amendment to the Sarawak Interpretation Ordinance in 2004 when the State Government banned the use of the word “Dayak” in official communication. Thus “Sea Dayak” has been changed to “Iban”, “Land Dayak” has become “Bidayuh” and “Murut” to “Lun Bawang”.

The words “Iban, Bidayuhs and Lun Bawang” are not listed in Article 161a (7) and thus they are considered as non-natives under the Federal Constitution. The legal effects of these are many and Marina when she puts her race as Iban, she is not considered as native or Bumiputra, and should not be accorded any privileges given to natives.

Even now, there are efforts to say that Ibans do not have any native customary rights over land as they are not natives according to the law due to the amendment to the Interpretation Ordinance. When the bill was passed, our Dayak elected representatives including Alfred Jabu, William Mawan, Michael Manyin and James Masing were too eager in supporting the amendment in 2004. They did not realise the legal implications.

From now on, it is advisable for Iban when filling a form asking for race, to write down “Iban (Sea Dayak)” to ensure that they are not going to be disqualified. I believe Marina could have been a victim of the doing of our elected representatives.

Since the story has been highlighted by The Borneo Post, our leaders like Jabu, Masing and Mawan should do something to help her and many others by urging the authorities to relax the conditions of entry to matriculation, etc. These students really need their help since they (ministers and our elected representatives) are walking along the corridors of power and rub shoulders with the powers that be. If they can do this, then they really help Prime Minister Najib Razak in his campaign of 1Malaysia. Otherwise the 1Malaysia is a mere lip service.

These are the issues that our Ministers – Jabu, Mawan, Masing and Manyin – should be very vocal and firm in fighting for the rights, the future and livelihood of the Dayaks rather than shouting at the top their voices on petty issues such as “cawat” “sirat” (loin clothes) or Miss Dayak Borneo pageant contest.

Don’t you think so? – The Broken Shield

Source: www.thebrokenshield.blogspot.com