KUCHING: The term ‘Native’ in the Federal Constitution will be amended accordingly once the Malaysia Agreement (MA63) discussions with the Federal Government is concluded, assured Parti Rakyat Sarawak (PRS) Youth chief Datuk Snowdan Lawan.
He said once this happens, the list on Article 161A(7) of the Federal Constitution will be amended which would see the words ‘or Ibans’ added after the words ‘Sea Dayaks’, the words ‘or Bidayuhs’ added after the words ‘Land Dayaks’ and the words ‘Lun Bawang’ added after the words ‘Muruts’.
The Assistant Minister of Youth and Sports pointed out that the Sarawak Legislative Assembly (DUN) had on April 30 unanimously passed a motion that proposed a comprehensive amendment to the Federal Constitution upon conclusion of the MA63 discussions with the Federal Government.
The motion, which was passed after being debated close to seven hours by 47 lawmakers from both sides of the political divide, also agreed that a Parliamentary Select Committee be formed to understand and endorse the proposed amendments.
“Inter alia, what this motion passed is an amendment to the lists on Article 161A(7) of the Federal Constitution,” said Snowdan, who is also Balai Ringin assemblyman.
He added by virtue of the passing of this motion by the DUN members, it will provide a passage for the Interpretation Ordinance 2004 to take effect in the state.
The state’s Consultative Committee vis-a-vis the Parliamentary Select Committee will negotiate and talk to the Federal Government to amend accordingly the Federal Constitution in so far as the term ‘Native’ shall be interpreted, thereafter, adopting the same and move in tandem.
Snowdan mentioned these in a statement responding to Parti Bansa Dayak Sarawak Baru (PBDSB) secretary-general Julius Enchana, who had claimed that amendment to the Interpretation Ordinance 2004 will make the Ibans, Lun Bawangs and Bidayuhs lose their rights over Native Customary Rights (NCR) land and other privileges.
According to Julius, all Dayak lawmakers must realise the implications and the amendment would not be in sync with what is stated in the Federal Constitution.
Citing Article 161A(6)(a) and 7 of the Federal Constitution, Julius said the term ‘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 an indigenous to the state or is of mixed blood deriving exclusively from those races and (7) the races to be treated for the purposes of the definition of ‘native’ on Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kelabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Penans, Tanjongs and Kanowits), Lugats, Malays, Melanaus, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.
“The terms Ibans, Lun Bawangs and Bidayuhs are new terminologies and could not be treated for the purpose of the definition of ‘native’. By replacing the word ‘Dayak’ in the Interpretation Ordinance 2004, the term ‘Sea Dayak’ became ‘Iban’ and ‘Land Dayak’ Bidayuh,” he had claimed.