Reacting to the statement by State Law and Native Affairs Minister Datuk Aidi Moktar who had announced on Friday that the Parti Warisan-led State Government would review their status, the leaders said there is nothing in the law that allows them to be considered as natives.
According to Aidi, the State Government thought it was unfair to the Bugis and Java communities not to be classified as natives, especially those who have been in the state before independence.
It immediately got the support of former Sabah Bugis Association President-cum-Balung Assemblyman Datuk Osman Jamal who said it was good news to Bugis, Java, Banjar and others, all of whom originate from Indonesia’s various provinces.
However, Aidi’s own party issued a statement Saturday saying it was his personal view and not the stand of the party or the government.
“He is free to say his personal opinion, but what the public should know is that the matter was never discussed at party-level,” said Warisan Sec-Gen Loretto Padua.
Padua also said Aidi expressed his view on the matter without informing the party’s supreme leadership.
Deputy Chief Minister Datuk Seri Wilfred Madius Tangau tweeted to express his disagreement, stressing that they can call themselves Bumiputeras but not natives.
“Bugis is not indigenous to SABH (Sabah) North Borneo. Jawa is not indigenous to SABH (Sabah) North Borneo. Under the definition of Bumiputera in the Frd (federal) Constitution yes!
“They are Bumiputeras but certainly not a native,” said the United Pasokmomogun Kadazandusun Organisation (Upko) president.
State opposition leader, Datuk Dr Jeffrey Kitingan, who is Parti Solidariti Tanahairku (Star) president, shared similar sentiment and described the “sudden step to ‘nativise’ the Bugis and Javanese as a ridiculous knee-jerk reaction that has no rationale or foundation.”
He insisted that the State Government stick to the provisions of the Federal Constitution in dealing with the matter.
The Keningau MP and Tambunan Assemblyman pointed out that in Article 161A (6)(b) of the Federal Constitution, “in relation to Sabah”, “native” is defined as “a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.
“The critical phrase in the definition is ‘a person of a race indigenous to Sabah. Hence, Bugis and Javanese, being people who are not indigenous to Sabah, cannot be natives,” he said.
He noted that in the definition of Malaysian’s supreme law, indigenous and native is the same and should be interchangeable.
However, because the meaning of native has long been modified in the minds of Sabahans, the name has taken on a much looser definition, which is any Bumiputera including immigrant groups which came only recently,” he said.
“They then could enjoy the many benefits normally accorded to sons of the soil, including becoming voters and taking up political leadership.
“However, becoming natives is a much further step,” said Dr Jeffrey who is also the deputy president of the Kadazan Dusun Cultural Association.
“Let’s not forget that the Bugis are natives of Sulawesi and Javanese are natives of Java. Do they want to be natives of two different countries?
“There is a solid reason why the two races were not included into the list of Sabah natives. They cannot qualify to be natives just because they were here before the formation of Malaysia,” he added.
He insisted the simple rule is that peoples who have come from elsewhere outside Sabah, including their progenies, cannot be natives.
Fellow opposition Parti Bersatu Sabah (PBS) warned against any attempt to “play around” with the State Ordinance.
“You cannot simply amend the Ordinance at one’s whim and fancy to include other unqualified races to be categorised as natives,” said party president Datuk Seri Dr Maximus Ongkili in a statement.
Describing the issue as sensitive, Ongkili, who is also the Kadazan Dusun Cultural Association (KDCA) deputy president, said PBS “suspects there is a grand design to distort the Sabah political landscape and cause a racial imbalance for their political purpose.”
He also argued that just because a particular community had been in Sabah before the formation of Malaysia, does not qualify them to be natives of Sabah.
“Over the decades, many British, Indians and Chinese have settled in the then North Borneo, some even before 1963, and became citizens of Sabah after the formation of Malaysia, but this does not qualify them to be natives of North Borneo. The Constitution of Sabah and Ordinances pertaining to the definition and rights of natives clearly spelt out this matter,” he said.
He added that since 1963, respective governments of Sabah had always respected this provision and never intruded the legal protection of the Sabah natives.
“With the highest of respect to my colleagues, friends and even some in-laws from the Bugis and Javanese communities: they are not natives of Sabah. And whether they are qualified citizens of Malaysia, my answer is: Yes, they may be Bumiputera, but not natives,” he said.
The Kota Marudu MP added that available government records and literature, tracing back to the then Chartered Company government clearly prove that the Bugis and Javanese communities are not native to North Borneo.
“History dictates they are migrants from other parts of Borneo and Nusantara/Indonesian Archipelago,” he said.
A Sabah minister and State Umno liaison chairman, Datuk Seri Hajiji Noor, said to give recognition to other races as natives is a serious and sensitive matter, and would erode the rights of Sabah natives.
He stressed that all natives in Sabah are Bumiputeras but not all Bumiputeras are natives.
“Anak Negeri or natives are those who are indigenous to North Borneo. In the national context, they are also Bumiputeras under our Constitution.”
“But a Malaysian Bumiputera does not necessarily qualify as a native of Sabah. Malays from Semenanjung (Peninsula) and Sarawak are not recognised as natives of Sabah unless one of their parents is a native of Sabah.”
“The Bugis are indigenous people of Sulawesi while the Javanese are indigenous people of Java. If they are not indigenous people of Sabah/North Borneo, they can’t qualify to be natives within the definition of the Native Ordinance,” said Hajiji, who is also Sulaman Assemblyman.
To Balung Assemblyman Osman Jamal’s claim that under Section 2(1)(d) of the Interpretation (Definition of Native) Ordinance, Bugis could be accepted as a native (but with conditions) and could apply to be a native providing they meet all the criteria, Hajiji said:
“Even though they can claim as natives under the section cited by Osman, Section 2(3) requires them to apply for recognition as a native at the Native Court by complying with a set of conditions.”
He said Aidi must have not been aware of this law.
Senator Adrian Lasimbang, a well-known indigenous peoples’ rights advocate, condemned Aidi’s statement as insensitive.
“Bugis and Jawa are not indigenous to Sabah. If they want native status, they can go back to Indonesia where they are natives,” he said, adding that such move would be a breach of fiduciary duties of the state to protect the interest of the Orang Asal (indigenous people) as enshrined under the Constitution.
He said Sabah has been kind enough to allow them to earn a living in the state.
“But don’t go as far as to step on the indigenous peoples’ heads,” he said. -Leonard Alaza
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