THE recognition of the Sarawak Governor Abdul Taib Mahmud’s Lebanese wife, Ragad Kurdi Taib, as Melanau, has opened a legal morass that may have long-term repercussions on the rights of natives, said property lawyers. 

The discontent comes on the back of long-standing anger among natives over denial of their customary land rights and delays in approvals for identity cards or citizenships for those born in Sarawak who are stateless or without identification documents.

“One can change one’s nationality but one can never change the blood that is flowing in them – that is their ethnicity,” said Sarawak-based lawyer Athina Klaywa Sim. 

“It is wrong by law. And it may create a precedence. So, should it be easy for others to do the same? Where goes the protection for and privilege of the natives?” said Sim, who is state PKR Wanita legal adviser.

Sim (pic, below) said the move has caused a “big rift” among natives who fear that a precedent has been set for foreign-born Sarawakians to gain access to native title lands. 

“It is an obvious defiling of the sanctity of our native rights. Even our own locals, who are from mixed heritage, have not found it not easy to get native status. Nationality and ethnicity are two different things. 

“Worse still, her two children are not even born here. Native status comes through the bloodline, in addition to practising native culture and speaking the native language. Even if Ragad or her children are able to speak Melanau right now, that still does not make them one. Can they even speak a few words?

“And the main reason I touched on the children is that their descendants will inherit that status, even if they marry foreigners. It is simply unfair and biased against the natives.” 

The Syrian-born Ragad, along with her two sons from a previous relationship, have been recognised as Bumiputera and as natives, following her husband Taib, 82, who is Melanau.

Their status was gazetted in November and copies of the Sarawak Gazette recently went viral on social media, drawing uproar from natives.

As Melanau, they are now allowed to hold native land titles.

Ragad and her sons were made Melanau under Section 20 of the state’s Native Court Ordinance 1992 and rule 17F of the Native Court Rules 1993.

The Sarawak Native Ordinance provides for an applicant who desires to be associated with any native community in Sarawak to do so but with prerequisites.

Among the requirements are ability to speak the native language and knowledge of the “adat” or customs and traditions of the community.

Long waiting line

The swift approval of Bumiputera status for Ragad, who married Taib in 2010 while he was Sarawak chief minister, is a “complete shock” to applicants waiting to be granted native status.

Such applicants are normally non-natives who have married an indigenous Sarawakians.

“Many had succeeded in the past and once their applications are allowed, they are deemed native for all intents and purposes,” said state PKR leader Baru Bian.

“I was informed years earlier that this channel had been frozen by a directive from above. As such, many applications have been shelved with no indication if their applications have even been heard,” said the land rights lawyer and PKR Sarawak chief.

Questions have been raised as to the speed of approval, whether Ragad and her children fulfilled the prerequisites under the ordinance and whether the children should have be given native status as well, he said.

“On the surface, it is indeed unfair to many who have waited for years for their applications to be heard and are still waiting. There appears to be some bias against the ordinary vis-a-vis the all-powerful and mighty among us.

“I don’t blame them for their misgivings in this case,” Baru said. 

The Ba’kelalan assemblyman also said there is a decades-long line of applicants seeking approval for their identify cards or citizenship.

“They seek them with genuineness but due to unforeseen circumstances, were unable to make proper application earlier. Yet legally, Ragad can own native lands by virtue of her status now, and so will her two children.”

Test case

Sarawak PKR intends to launch a test case using Ragad as a precedent for others still awaiting the outcome of their applications to be recognised as natives.

The state PKR Youth deputy chief Simon Siah said Ragad’s case could show that a citizen not related by blood can become a native and need not learn the language, lifestyle and other traditions of the ethnic group the applicant wants to be affiliated with.

Under Section 8 of the state’s land code, any person who is not a native of Sarawak may not acquire rights over any native land area or native customary land. 

“For Malays, it is provided under the federal constitution that anyone who can speak Malay, practise the culture of the Malays is considered a Malay,” said Siah.

“But to be considered as a Melanau, that is too farfetched. Native ethnicity is identified by lineage, not through marriage.”

Siah, a human rights and land rights lawyer, said he may represent a group wishing to become recognised as natives, and use Ragad’s recognition as a part of a hypothetical test case in the civil courts. 

“We will bring some of these applicants to court and push it through to challenge the long delay in their application.

“There are thousands of Sarawakians who are trying to get their identity recognised in the native court who are still waiting until today.”

Siah said Ragad’s case goes against the whole purpose of having native land titles and native customary rights to land as provided under the Sarawak Land Code. 

“Those laws were for the protection of the natives of Sarawak from their land being taken by away by foreigners.”

Melanaus form 5%, or 132,600, of the population of Sarawak. 

Ragad is also a registered voter in the Pantai Damai state seat and Santubong parliamentary seat. – February 13, 2018.