‘Natives’ should include all of Sarawak’s third generation, any race, says DAP

Sarawak DAP chief Chong Chieng Jen has proposed that a new schedule to be tabled at the legislative assembly sitting include the third generation of any race under the definition of natives of the state.

Speaking at a press conference in Kuching today, Chong said this was to ensure that the state constitution upholds the principle of inclusivity.

He also said that the interpretation of the word “native” in the Interpretation (Amendment) Bill 2022 should not discriminate or make distinctions between any race.

“My proposed amendment is in effect that third generation Chinese, Indians or any race – third generation Sarawakians of any race should be regarded as natives of the state.

“Clause 2 of the bill should be amended by inserting the words ‘Chinese, Indian or any race not stated herein and the person of which race is born in Sarawak and whose natural parents or either one of the natural parents is also born in Sarawak’,” he said, adding that he would put this forward during the debate tomorrow.

This follows the amendments to four articles in the Federal Constitution relating to the rights of Sabah and Sarawak, which were unanimously passed in the Dewan Rakyat on Dec 14 and came into force on Feb 11.

The amendments were made to the list of states in the federation in Clause 2 of Article 1; the definition of the federation and the new definition of Malaysia Day in Clause 2 of Article 160; the indigenous races of Sarawak in Clause (6)(a) of Article 161A; and the removal of Clause 7 of Article 161A.

Previously, the definition of ethnic groups deemed native to Sarawak in Article 161A of the constitution listed 28 groups as indigenous to the state.

Sarawak natives were regarded as citizens belonging to one of these ethnic groups or of mixed ethnicity deriving exclusively from those groups.

The amendments give Sarawak the power to decide on the definition of “native” or indigenous people through state laws, through its own constitution.

The new Sarawak bill, which seeks to amend the Interpretation Ordinance 2005, is one of five to be tabled at the state’s special legislative assembly sitting.

The new bill will substitute the schedule in the Ordinance with a new one to which includes the additional races to be considered as indigenous to Sarawak.

The new schedule under Section 3 of the Interpretation Ordinance (Amendment) 2022 outlines 31 races that are native to Sarawak including the Bidayuh or the Land Dayaks, Bukitan, Bisayah, Dusun, Ibans or Sea Dayaks, Kadayan, Kelabit, Kayan, Kenyah (including the Sabup and Sipeng), Kajang (including the Sekapan, Kejaman, Lahanan, Punan, Tanjong and Kanowit), Lugat, Lisum, Malay, Melanau, Murut or Lun Bawang, Penan, Sian, Tagal, Tabun, Ukit and any mixture of these races.

It will also include a person who is a citizen and the natural child of a parent of a race indigenous to Sarawak and who satisfies the conditions and requirements imposed by the Sarawak Cabinet for the recognition of such a person as a native of the state.