What does the new Sarawak law mean for mixed-race native children?

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The Interpretation (Amendment) Ordinance 2022 Grants Native Status and Land Rights to Mixed-Race Children of Sarawak Natives

The Interpretation (Amendment) Ordinance 2022 signifies a significant legal shift in Sarawak, enabling children of mixed-race parentage, where one parent is a Sarawak native, to formally apply for and obtain native status. This amendment directly addresses the long-standing uncertainty surrounding the Bumiputera status and land inheritance rights for thousands of individuals, including Eurasians and those of mixed Malaysian Chinese or Indian heritage. Previously, these children faced barriers, particularly from the Lands and Survey Department, in claiming their rightful inheritance.
Expanded Eligibility for Native Status

The ordinance explicitly broadens the scope of individuals who can be recognised as natives. It is not limited to Eurasians but encompasses all Sarawakians with mixed heritage, including those whose non-native parent is of Malaysian Chinese or Indian descent. This recognition acknowledges the historical reality of inter-marriage in Sarawak, a practice common for centuries where children of mixed unions have often been fully integrated into native communities, practising customs and speaking local languages.
Reclaiming Ancestral Land Rights

A crucial aspect of the amendment is the explicit provision allowing these newly recognised native children to claim their family's ancestral lands. For generations, individuals in this demographic were barred by the Lands and Survey Department from inheriting land, creating a disconnect from their heritage and rightful property. The ordinance aims to rectify this by ensuring that children born to native parents are not denied their birthright, especially as many mixed families increasingly choose to raise their children within Sarawak.
Streamlined Application Process

The process for applying for native status under the new ordinance is designed to be a quantitative test, primarily relying on documentary evidence such as birth records, which are expected to suffice in most cases. This administrative measure aims to expedite the recognition process, moving away from potentially more subjective qualitative assessments. Application forms will be made available at district offices for a fee of RM100, with a dedicated committee chaired by the State Secretary established to review and consider these applications. The ordinance is set to come into effect on November 1.

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What does the new Sarawak law mean for mixed-race native children?

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