Government to engage stakeholders: CM
Published on: Saturday, January 19, 2019
By: Larry Ralon
KOTA KINABALU: The State Government will consider, after engaging with the stakeholders, on the necessity to change the use of the term “native” with “indigenous” to comply with the United Nations Declaration on Rights of Indigenous Peoples (UNdrip).Stay up-to-date by following Daily Express’s Telegram channel.
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“Whenever we decide to do something, there will be people who will be for it and there will also be those who will be against such changes,” he said at the Opening Legal Year 2019 Gala Dinner at the Magellan Sutera, here, Friday.
Congratulating the Sabah Law Society (SLS) which spearheaded the Borneo Law Conference together with Majaps (The Council of Justices of the Peace Sabah) and Pusaka (Pusat Sumber Adat & Mediasi Kaum Anak Negeri Sabah), as well as with the support of the judiciary, Shafie said the topic “Indigenous Rights – A Comparative Study” was certainly timely and important.
The natives of Sabah and Sarawak have rights and their culture, beliefs and way of life must not only be maintained but also strengthened, he said.
“I’m told that this conference had 350 participants from all over Malaysia and including international visitors and speakers. The Sabah State Government will always support such events as it not only promotes Sabah but gives us a platform for healthy discussion and critical thinking over the rights of the native population in comparison to other countries such as Taiwan, Australia and New Zealand,” he said.
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He said the year 2018 would go into the annals of Malaysian history as the year that Malaysians of all walks of life and race came together to overthrow a government of over several decades through the ballot box.
“The success of Pakatan Harapan as well as Parti Warisan Sabah in the 14th general election was simply because they wanted change.
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“The people were fed up with the excesses of the previous government. There were whispers in most places that even the judiciary could no longer be depended on. All that is now behind us. The people have got the change in government and they would also need a judiciary that is impartial in dispensing justice. Justice must be seen to be done. Or else the people would begin to mistrust us,” he said.
Shafie said in Sabah, some measures of regime change are evident.
“To answer to the needs of the indigenous people, we created the Ministry of Law and Native Affairs.
“The key efforts of this new Ministry over the past few months have been to oversee the process of appointing the Ketua Adat (Customary Leader) i.e the Ketua Daerah (District Chief), Ketua Anak Negeri (Native Chief), Wakil Ketua Anak Negeri (Native Chief Representative) and Ketua Kampung (Village Chief), as well as Ketua Masyarakat Cina (Chinese Community Leader).
“The Ministry officials visited several districts to hand appointment letters and to give some guidance and encouragement to newly-appointed Ketua Adat to perform their duties in a responsible and effective manner,” he said.
The Ministry has also completed the appointments of members of a Steering Committee to look into upgrading the Native Court system in Sabah, while the members of the Majlis Hal Ehwal Anak Negeri (MHEANS) received their appointment letters from the TYT earlier this year.
He said the Institut Latihan Mahkamah Anak Negeri or ILMAN, which is envisaged to be a centre of learning and promotion of native rights, has also started to open its doors for activities that benefits natives in Sabah, and the training for the Ketua Adat will be held in this Institute.
“This Ministry has also been part of the discussion regarding the minimum marriage age is 18 years at the national level and the amendments of the 1976 Law Reform (Marriage and Divorce) Act and other relevant laws,” he said.
The Sabah Government also takes a serious view of the indigenous peoples living in the rural areas who are yet to be made citizens, said Shafie.
“I would also like to put on record here the Sabah Government’s appreciation of the mobile court programme, which to date has disposed of not less than 80,000 cases of document-less children.
“I am sure that no ethnic group in Sabah is spared when it comes to not registering ones’ documents on time. Just as there are thousands of ethnic Kadazan, Dusun, Murut and Rungus people, or for that matter, the Lundayeh living in Long Pasia, there are also a good number of children in the east coast, whose parents had failed to register them at birth.
“This has to be addressed to avoid unnecessary complications when they enrol of further education. This is giving the proper documents to Sabahan children,” he said.
He said this noble exercise of the judiciary’s mobile court programme brings the judiciary to the people located in rural areas, enabling the verification of the birth certificates that have been registered beyond the 42-day period.
Once the magistrates are satisfied with the truth of the contents of a birth certificate, he said, they will thereafter endorse the birth certificates accordingly.
Thereafter, the successful applicants will be permitted to apply for a national registration card from the National Registration Department entitling them to regular privileges enjoyed by ordinary citizens of the nation. We are deeply appreciative to Tan Sri Richard Malanjum, the Chief Justice of Malaysia who spearheaded this exercise whilst he was Chief Judge of Sabah and Sarawak. I am heartened to note that this has continued with his successor, Datuk Seri David Wong. Most recently, the mobile court has been to some of the furthest rural areas of Sabah, such as Pensiangan and Long Pasia.
“And mobile court is also involved in corporate social responsibilities such as providing books for poor rural children and adopting kampongs by arranging with relevant authorities to provide amenities such as electricity and phone lines. Mobile court also arranged building of hostels and clinics in rural kampongs visited. Other than that I am pleased to observe that the judiciary has also undertaken community work, especially in relation to the environment.
“For instance, in 2016 it was the judiciary of Sabah that initiated and organised the joint clean-up of the rubbish that had long polluted Kampung Sembulan Tengah in Kota Kinabalu city. Continue with the good work,” he said.
But one of the much-discussed topics these days is the 1963 Malaysia Agreement or MA63, said the Chief Minister.
“I won’t bore you with the details but under the leadership of Tun Dr Mahathir, we have met late last year to discuss Sabah and Sarawak rights.
“There is a lot to be done as we go about to ensure that what is due to us, is given back. Some of what we deserve to get has been honoured, but we need a sound platform to argue our case in totality. Learned gentlemen and ladies, there is a bigger CSR that you could afford to Sabah and Sabahans. Lend us your talent and expertise and come up with your suggestions and ideas as to how we can best put forward our case so that we get all that is ours. Give us your recommendations.”
There is an important role for the lawyers in the State of Sabah, he said, adding the law regulates most aspects of our lives and we need lawyers to continue to uphold the notions of fairness and justice in our Courts and the community.
Shafie said the State Government hereby reiterates and affirms that as it is constitutionally provided that there are two High Courts in Malaysia, namely the High Court of Malaya and the High Court of Sabah and Sarawak, each with its own separate jurisdiction. It must naturally follow that each High Court should have their own administrative independence.
“Towards this end, I assure you that the State Government will ensure that the administrative independence of the High Court of Sabah and Sarawak is maintained and never compromised. - Larry Ralon
Photo Source: Bernama
