Constitutional amendment paves way for children of mixed marriages to be recognised as natives, says DCCI

KUCHING: The Dayak Chamber of Commerce and Industry (DCCI) hails the passing of a constitutional amendment relating to the definition of a native of Sarawak.

Calling it a "dream come true", DCCI secretary-general Libat Langub said the amended Article 161A of the Federal Constitution would pave the way for children of mixed native and non-native parents to finally be legally recognised as natives.

The amendment, which was passed in Parliament on Tuesday (Dec 14), defines a native of Sarawak as "a person who is a citizen and belongs to one of the races specified by state law as indigenous to the state".

In line with this, Libat noted that caretaker Chief Minister Tan Sri Abang Johari Tun Openg had undertaken that the state government would amend the definition of "native" in the Sarawak Interpretation Ordinance to include children of mixed marriages with one native parent as well as a few more unlisted native tribes.

He added that the present definition in the Interpretation Ordinance excludes children of mixed marriages in the definition of native of Sarawak.

"The amendment to the Federal Constitution and subsequent amendments to the Interpretation Ordinance will be in sync with current times as inter-marriages between natives and non-natives have become very common.

"The effect of the present law, before the amendments, brought dire legal predicaments to many children of mixed marriages in terms of inheritance and transfer of native lands.

"Under the Sarawak Land Code, dealings in native lands, such as transfers, between a native parent and his or her child of mixed marriage are prohibited because the child is not considered a native under the law," Libat said in a statement on Thursday (Dec 16).

Although children of mixed marriages may apply to the Native Court for native status, he said many did not do so because the administrative process was often cumbersome and lengthy.

"We therefore hope that all assemblymen will support the Bill, once tabled, to amend the Sarawak Interpretation Ordinance," he said.