SARAWAK Malays have followed in the footsteps of the Dayak in pushing the state government to protect their “sovereign rights”.

The minority ethnic group in the state has submitted a memorandum to Chief Minister Abang Johari Openg, reminding the state administration that in an 1841 agreement signed between the state’s first White Rajah, James Brooke, and the Brunei sultanate, Brooke had agreed to respect Malays’ religion and customs, and protect their “special position” in the administration, before the sultanate relinquished its territory of Kuching to him.

Badan Adat Hak Bumiputera Melayu Sarawak (Baham), an umbrella organisation comprising 17 Malay groups, handed over the memorandum at the chief minister’s office at Wisma Bapa Malaysia today.

Baham chairman and Ikatan Graduan Melayu Sarawak president Dr Sanib Said, in a press conference in Kuching after a Malay rights forum, said the 177-year-old agreement could be found in a book titled “The Constitutional and Legal History of Sarawak”, written by University of Adelaide history professor Alex Castle.

Dr Sanib said Castle stated that “James Brooke Esq undertakes that the laws and customs of Malays in Sarawak shall forever be respected in the country of Sarawak”.

He said Sarawak Malays previously did not do much to claim their “sovereign rights”, but now, they sought to protect their rights to native Malay land, among others.

“Every Bumiputera group in Sarawak has rights. We don’t blame other ethnic groups for having (their own) claims.

“It’s the fault of Sarawak Malays (for not making claims before). So far, we have not made substantive claims.”

He said a 1996 study showed that only 1% of Malays in the state owned titled land.

“Sarawak Malays, in other words, are landless people in their own land.”

He said the problem could be due to Malays’ culture.

“They have a sedentary lifestyle (compared with the Dayak, who move from one area to another in search of arable farmland, and create their native customary rights, or NCR, land).

“Malays, in the past, had established kingdoms to help themselves, and they thought this would protect their rights.”

Dr Sanib said he hoped the state’s other ethnic groups understood the struggle of Sarawak Malays to have titled land.

“It’s a fair and rightful struggle, and other ethnic groups should not worry.”

On the special position of Malays in the state administration, he pointed to the first general council, the precursor to the state legislative assembly, whose first sitting in 1867 with 16 Malay and Melanau chieftains was convened by Rajah Muda (Crown Prince) Charles Brooke.

“The first general council comprised Malays and the Melanau. We have claim to history. We have the right to sovereignty.”

However, Parti Bansa Dayak Sarawak Baru (PBDSB), a small non-aligned Dayak party, disputes the Malay groups’ claim.

It suggested that Baham was attempting to thwart the proposed amendment to the Sarawak Land Code, to give legal powers to the Dayak’s claim on their “pemakai menoa” (territorial domain) and “pulau galau” (communal forest reserve) NCR land.

The Federal Court, in December 2016, had ruled that the native custom of creating “pemakai menoa” and “pulau galau” had no force of law in Sarawak.

Although the common law recognised unregistered native customs, the apex court ruled, state statutes and orders or proclamations made by the Rajahs, and subsequently, the state legislature, did not appear to recognise the custom of “pemakai menoa” and “pulau galau”.

PBDSB, in a statement, said the Malay groups’ resolution was also contrary to the resolutions reached at last week’s “pemakai menoa” and “pulau galau” conference, which was attended by Malay community leaders.

Dr Sanib, however, said the chief minister and his deputies, Douglas Uggah Embas and Awang Tengah Ali Hasan, were willing to listen to their views. – February 1, 2018.