Constitutional change to grant bumi status to S'wakian children of mixed marriages
Among the constitutional amendments that the government is planning includes one that will grant bumiputera status to Sarawakian children from mixed marriages where only one parent is a native.
De facto law minister Wan Junaidi Tuanku Jaafar, whose party is the Sarawak-based PBB, was quoted as saying by Borneo Post that this will be possible if the constitutional amendment receives the support of two-thirds of MPs.
He added this will affect around 30 percent of the Sarawak population where one parent is a native and another is a non-native.
At present, the Federal Constitution does not recognise the offspring of a native and non-native as bumiputera.
According to Article 161A(a) of the Federal Constitution, a native in Sarawak is defined as someone belonging to the list of races outlined in Clause 7 or are from marriages exclusively from among races in the list.
The races 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, Melanos, Muruts, Penans, Sians, Tagals, Tabuns, and Ukits.
This caused problems for many mixed-marriage children where one parent is not from the list to face problems inheriting native land.
Wan Junaidi acknowledged that courts are overburdened by cases involving children of mixed parentage applying to inherit native land from their native parent.
He said it would be possible to, for example, have a "Chinese native" if the child is from an Iban father and Chinese mother.
Musician Alena Murang was among those who hailed the legislative effort.
Alena, whose father is Kelabit and mother is English-Italian, said it's something people like her had waited decades for.
"Children with one native parent (like myself) will soon, rightfully, be legally considered as native by the state.
"Prior to this - we weren’t (If you think we were, trust me, we weren’t - it was only by administrative policy and not law)," she said on Facebook.
She said the legislation is important as it involves the inheritance of native land.
"Thank you for listening to us," she said.
Alena is known for the music video "Warrior Spirit" which won two awards at the UK's International Music Video Awards.
Yup, all citizens should be Bumiputera.
ReplyDeleteUntil then, Malaysia will remain a highly fractured society.
So Kazakhstan father marry Malay mother, baby born in Singapore can be Malay-sian citizen or not? Or must ikut the father's nationality like what the Constitution literally says? And will this baby be bestowed bumiputra status?
ReplyDeleteMany Malay-sian mothers married to foreigners want to know.
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ReplyDeleteSarawak must clarify 'Melanau' status of Taib’s wife
Francis Paul Siah
Published: Feb 7, 2018
COMMENT |....
Sarawak Governor Abdul Taib Mahmud’s Syrian-born wife, Ragad Waleed Alkurdi, along with her two children from a previous relationship, have been accorded native bumiputera status in the state.
Their race is now “Melanau,” as stated in their new Malaysian identity cards, which were issued last November.
Something is not right here.
A post on social media that has gone viral contains an image purportedly of the state government gazette indicating that the applications of Ragad and her two children for identification with the Melanau community – under Section 20 of the Native Courts Ordinance 1992 and Rule 17 of the Native Courts Rules 1993 – have been approved.
The document, dated Nov 9, 2017, appeared to have been signed by state secretary Mohd Morshidi Abdul Ghani.
I concede I have yet to take a closer look at the constitutional framework of such a registration exercise in Sarawak, so I’m not sure whether such an act is legal or not.
However, laypeople would have questions on the issue and would want answers.
A friend asked on Facebook, “If I am an Iban and I marry a Russian woman, can she become an Iban? You tell me.” Another posted: “I am going to marry a Nigerian woman. I am Chinese and I will apply to the government to turn my wife into a ‘Chinese’. Will the state secretary approve?”
Jokes aside, Sarawak DAP chairperson Chong Chieng Jen had some serious questions on the matter.
Chong said that since Ragad is now a Melanau, “she has more rights than most of us as a native under the law.”
He said he managed to obtain a photocopy of the state government’s gazette from the Kuching High Court library, confirming that Ragad is now a Melanau...
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