Study on need to replace ‘native’ with ‘indigenous’

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Shafie (third left) receiving a souvenir from Chief Justice Tan Sri Richard Malanjum at the Opening of the Legal Year Gala Dinner 2019 on Friday night.

KOTA KINABALU: Chief Minister Datuk Seri Shafie Apdal said the state government will study the need to replace the word ‘native’ with ‘indigenous’ – to comply with the United Nations Declaration on Rights of Indigenous Peoples (or Undrip).

Shafie said the state government took a serious view of the indigenous peoples living in the rural areas who have yet to be made citizens.

“There is a need to reconsider too the implementation of the indigenous laws and the structure of the native court including the full use of the native law institute.

“The government will consider, after engaging with the stakeholders, on the necessity to change the use of the word ‘native’ with ‘indigenous’ to comply with the Undrip. 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,” Shafie said at the Opening of the Legal Year Gala Dinner 2019 on Friday night.

Shafie also praised the state’s mobile court programme, which to date had disposed of not less than 80,000 cases of children without documents.

He assured that no ethnic group in Sabah would be 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 people 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 enroll for further education. This is giving the proper documents to Sabahan children,” said Shafie.

He contended that the judiciary’s mobile court programme had successfully brought the judiciary to the people located in rural areas, enabling the verification of the birth certificates that had been registered beyond the forty-two (42) days period.

“Once the magistrates are satisfied with the truth of the contents of a birth certificate, 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,” he added.

On the Malaysia Agreement 1963 (MA63), Shafie said that he had met with Prime Minister Tun Mahathir Mohamad last year to discuss the matter with him.

“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 have been honoured, but we need a sound platform to argue our case in totality,” he said.

In light of this, Shafie urged the legal practitioners of the state to lend their talents and expertise so that they can come up with suggestions and ideas as to how the state can best put forward their case.