KOTA KINABALU: The establishment of the Sabah Native Court Judicial Department will provide the impetus needed for native courts to be elevated to a status equal to the civil and syariah courts.
Datuk Martin Idang, a former High Court judge, said this would strengthen legal recognition of indigenous customs and traditions within the legal system.
"Elevating the native courts to the same level as civil and syariah courts will improve access to justice for the native community," he said in an interview on Friday (Feb 16).
"This means that indigenous peoples will have more options and choices in seeking legal redress for disputes and conflicts, allowing them to opt for a court system that aligns with their cultural values and beliefs.
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"A dedicated department for native courts will ensure that these courts can function effectively and efficiently in delivering justice to the native community.
"This empowerment and autonomy will enable indigenous peoples to exercise greater control over their legal affairs and decision-making processes," Idang added.
Kapayan assemblyman Jannie Lasimbang also urged Sabah to show its commitment by hastening the establishment of the department.
"Sabah's native court is among very few in the world, and also formally recognised by the government. Many international bodies like the United Nations will welcome this move," she said.
Lasimbang, who is known for her activism in indigenous rights, said the government also needed to continue the momentum by identifying qualified personnel knowledgeable in native customs and hearing cases, as well as providing the necessary training to village heads.
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Adequate funding for research and documentation, administrative support and public awareness on the roles of native courts were also needed, she noted.
Chief Minister Datuk Seri Hajiji Noor on Wednesday (Feb 14) said the proposed Sabah Native Court Judicial Department would be set up this year.
Lasimbang said native customary laws are unlike syariah laws, which are almost the same all over the world.
"Each ethnic group has its own native customary laws and we want to see that these are respected and used by our native court," she said.
Towards this end, Idang said the recognition of and support for native courts will help safeguard the unique identity and practices of the native community in Sabah.
"It signifies a step towards greater inclusivity, cultural preservation, legal empowerment and access to justice for indigenous peoples in the state," he said.
