12 2.9 Chapter 2 | INDIGENOUS PEOPLES OF MALAYSIA Adat in turn, is governed by traditional institutions, which typically comprise knowledgeable and respectable elders. The members of such institutions are also responsible for ensuring that community members understand and adhere to adat and for continuity in the intergenerational transfer of knowledge. Over time however, the respect for, and composition of, traditional institutions have changed particularly with interference from the Government and the creation of new forms of institutions. NATIVES OF SABAH 2.10 For Sabah, Article 161A(6)(b) of the Federal Constitution provides that for a person to be considered a native of Sabah, the following must be fulfilled: (a) a citizen of Malaysia (b); is the child or grandchild of a person of a race indigenous to Sabah; and (c) was born either in Sabah or to a father domiciled in Sabah at the time of the birth. However, the Federal Constitution does not provide an enumeration of who constitutes a native of Sabah. 2.11 Under the Sabah Interpretation (Definition of Native) Ordinance s(2)(1),7 a “native” refers to any person who is indigenous to Sabah; one of whose parents or ancestor is indigenous to Sabah and living as a member of a native community; and any Malaysian citizen who is a member of a people indigenous to Sarawak, Brunei, Indonesia, Philippines, Malaya or Singapore.8 For those under this last category, it is a requirement that any declaration of the status of a native should be based on proof of good character, and that the applicant must have lived, and been a member of the native community for at least three to five years, and his stay is not limited by the Immigration Act 1959/63 (Act 155). Such declaration must be made by a Native Court in Sabah.9 A “native community” is defined as any group or body of persons the majority of whom are natives and who live under the jurisdiction of the local authority,10 or under the jurisdiction of a native chief or headman.11 7 No.12 of 1952 (Cap 64) Laws of North Borneo, amended in 1958. 8 Section 2 of the Interpretation (Definition of Native) Ordinance (Sabah Cap.64) State the following: (1) Wherever the word “native”, used as a substantive, occurs in any written law in force at the commencement of this Ordinance, other than the Ordinances set out in the Schedule to this Ordinance, or in any written law coming into force after the commencement of this Ordinance, unless expressly otherwise enacted therein, it shall mean either – (a) any person both of whose parents are or were members of a people indigenous to Sabah; or (b any person ordinarily resident in Sabah and being and living as a member of a native community, one at least of whose parents or ancestors is or was a native within the meaning of paragraph (a) hereof; or (c) any person who is ordinarily resident in Sabah, is a member of the Suluk, Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the State of Sarawak or the State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63 [Act 155.]: Provided that if one of such person’s parents is or was a member of any such people and either lives or if deceased is buried or reputed to be buried in Sabah, then the qualifying period shall be reduced to two years; or (d) any person who is ordinarily resident in Sabah, is a member of a people indigenous to the Republic of Indonesia or the Sulu group of islands in the Philippine Archipelago or the States of Malaya or the Republic of Singapore, has lived as and been a member of a native community for a continuous period of five years immediately preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63 [Act 155.]. (2) In the definition of “native” set out in subsection (1) hereof (a) “ancestor” means progenitor in the direct line other than a parent; (b) “native community” means any group or body of persons the majority of whom are natives within the meaning of paragraph (a) of subsection (1) and who live under the jurisdiction of a Local Authority established under the provisions of the Rural Government Ordinance* [Cap. 132.] or of a Native Chief or Headman appointed under the provisions of that Ordinance; (c) “parent” includes any person recognised as a parent under native law or custom. 9 No claim by any person to be a native by virtue of the provisions of paragraphs (b), (c) and (d) of subsection (1) shall be recognised as valid unless supported by an appropriate declaration made by a Native Court under section 3. 10 Established under the provisions of the Rural Administration Ordinance 1951. 11 Appointed under the provisions of the Sabah Native Court Ordinance 1993 or the Native Court (Labuan) Ordinance. chapter 2_a4.indd 12 7/5/13 6:42 PM