SEMPORNA – Various unsavoury claims have been hurled at the stateless Bajau Laut community in Sabah: “They harbour spies and criminals, they are social problems, they live in the state illegally.”
But how true are all these?
The community was in the spotlight again recently when Sabah authorities demolished their stilt houses and evicted them, leading to human rights lawyers calling such actions “barbaric” and the Human Rights Commission of Malaysia (Suhakam) appealing for an immediate halt.
Despite the backlash, the Sabah government defended the demolitions, citing the structures as illegal because they were built within the Tun Sakaran Marine Park – a protected area under the Parks Enactment 1984.
Authorities also cited security concerns, alleging that undocumented immigrants and cross-border criminals were using the Bajau Laut settlements as cover, with some allegedly acting as spies for terrorist groups in the Philippines.
In July, the Home Ministry reported that there are 28,000 Bajau Laut people in Sabah, of which 6,200 are Malaysian citizens.
Scoop recently visited Semporna to understand the situation. Here is what was discovered:
Are Bajau Laut settlements a criminal hideout?
Musal Kalim Mahalil, 55, a local from Pulau Bodgaya, admitted that cross-border criminals have – on occasion – hidden among the Bajau Laut community on the island.
He recounted how criminals pursued by security personnel would sometimes hide in the villages, but stressed that the local community often assisted police in locating these suspects.
“We know everyone here and there’s nowhere for them to hide. We even know each of our boats here because we must register them with the authorities.
“So, the demolition was completely unnecessary. These villages, along with the Bajau Laut settlements, have existed long before this area was gazetted as the Tun Sakaran Marine Park in 2004.
“They want to say that we have criminals and drugs here, then prove it,” he said.
Musal also pointed out how difficult it would be for Filipinos to pose as Bajau Laut, citing differences in dialect and pronunciation that make it easy for locals and security personnel to distinguish between the two groups.
“The people here, and the security personnel who are based here could tell them apart (Bajau Laut or Filipino migrants) in the first 10 seconds that they speak,” he said.
Pulau Bodgaya, one of the eight islands under the marine park, is home to about 200 locals and 300 Bajau Laut.
However, a Sabah Parks enforcement officer who requested anonymity claimed that security concerns, including the presence of spies among those living in the Tun Sakaran Marine Park, “are more serious than reported”.
“Most security intelligence is sensitive and revealing it would compromise our operations.
“When we are criticised for being cruel, we often can’t defend ourselves, but this is about the country’s sovereignty,” said the officer who did not want to be named due to the topic’s sensitivity.
Is demolishing their homes justified?
Salleh Abdul Salleh, a local from Pulau Sebangkat, said that settlements that existed before 2004 within the Tun Sakaran Marine Park are legally protected under the Parks Enactment 1984.
He claimed Bajau Laut who established their settlements between the 1960s and 1980s should be recognised as natives with customary rights.
“The law’s essence is to protect the native customary rights of Sabah before the formation of the marine park.
“Yet, after recent demolitions, the Bajau Laut, who have resided near these islands for centuries, were chased out for being ‘illegal’,” he added.
“How do we explain that an outsider with no roots in the marine park is allowed to develop a premium resort in the park’s Red Zone? Was there no ‘common sense’ from the higher-ups?”
Conversely, the Sabah Parks enforcement officer who requested anonymity told Scoop that the demolitions targeted only structures built in recent years.
The officer said that these structures did not qualify for native customary rights and that those who had their homes demolished were not locals.
“The Bajau Laut settlements that were demolished have only been built recently. They had been given notice months, if not years, before the demolition exercise.”
Education and employment to resolve social issues?
When discussing the Bajau Laut, many Sabah mainland locals associate them with street beggars.
Borneo Komrad founder Mukmin Nantang argues that the matter can be easily fixed through education.
“They beg because they’ve never been taught that it’s wrong. Most of them don’t even know it’s wrong.
“But look at my students here at Universiti Alternatif. They’re well-behaved, dressed nicely, and polite. The difference is education,” Mukmin told Scoop.
Mukmin said he believes that providing employment and education opportunities is key to resolving the Bajau Laut issue.
“The government cannot deny their existence. They must support initiatives like ours (volunteers) that provide education. Support and recognise schools like Sekolah Alternatif as well,” he urged.
PKR student wing vice-chairman Yap Xiang told Scoop that he had once volunteered with Borneo Komrad in 2022 and later presented a proposal to the Home Ministry in March.
Yap’s proposal included setting up a special committee to study and create an integration plan for the Bajau Laut community.
Yap said all the problems, including the Bajau Laut community being used as spies and contributing social illnesses – street begging and glue sniffing – are all because they are poor and uneducated.
He suggested allowing the stateless Bajau Laut to work through special permits, which could help alleviate their poverty and desperation.
“Education and employment opportunities could solve the Bajau Laut community’s issues,” he added.
“After they can earn an income, we can make it compulsory for them to pay a part of their salary for their children’s education fees. It is sufficient to have classes that teach moral concepts, loyalty, and basic TVET skills,” he said.
Meanwhile, a 12-year-old Bajau Laut boy who has been studying at Iskul Omadal for a couple of years told Scoop that his favourite song is the Sabah state anthem “Sabah Tanah Airku” which is played at his school every Wednesday.
In Sabah, security personnel can arrest Bajau Laut individuals on land for being undocumented. However, after being detained, they are often released back to the sea near Semporna.
This is because they cannot be deported. Without a documented identity and citizenship of any nation, they do not belong anywhere.
So now one must ponder: if education and employment opportunities are the answer for the Bajau Laut people, would this also not benefit Sabah and address the state’s concerns about security and social ills – instead of allowing the community’s statelessness to fester? – August 25, 2024