The influential Dayak National Congress today accused the Sarawak and federal governments of poorly treating Dayaks, through failure to implement the Malaysia Agreement and federal constitution.

"As indigenous Malaysians, we always fall back on the Malaysia Agreement as our foundation of our rights which have been constitutionally secured in Article 153 and 161A of the federal constitution," said DNC President Mengga Mikui in his Christmas message.

Article 153 which provides for reserved quota for the Dayaks of Sabah and Sarawak in the civil service, scholarships, exhibitions and educational or training privileges or special facilities and permits or licences for trade or business.

Mikui (left) said that the provision under this Article fulfils the Malaysia Agreement, particularly Point 8 of the agreement which called for Borneonisation of federal departments in the State.

The federal government must fulfil its obligation to Sabah and Sarawak by appointing locals in government agencies in the state.

This includes the Customs Department, Malaysian Maritime Enforcement Agency, police, Immigration Department, which must have sufficient Dayaks to reflect the demographics, said.

The national registration department in Sarawak must also be headed by a Dayak to ensure that applications of the laws, rules and regulations were tampered with local sentiments, he said.

No birth certificates

In fact, he said, many Dayaks in Sarawak are still without identity cards, birth certificates and other documents.

“This is because officers of the Department are dictated by superior officers from Malaya, who are not familiar with the local population,” he said.

There must also be sufficient numbers of Dayak judges, judicial officers, legal officers and staff at all levels of the courts, he said.

This is important to ensure the Dayak perspectives in the administration of justice is accounted for he said, urging Borneonisation to happen as soon as possible.

Mikui said the poor Dayak representation allowed state government to deprive the Dayaks of customary land when it alienated land to big companies for planting oil palm.

The Dayaks, he said, should be given preferential treatment by the State government as provided for under Article 161A of the Federal Constitution with regard to alienation of land.
 
Under this Article, the Dayaks of Sabah and Sarawak are given preferential treatment in land alienation and reservation.  

“The preferential treatment has been put on the back burner. Even the courts in the country at times do not give much meaning to this Article in preference to the companies,” he said.