JUNE 29 — The Bajau Laut people, with their sun-kissed skin and eyes reflecting the depths of the sea, hold within them a story of resilience and a yearning for recognition. These nomads of the waves, found in bustling cities like Kota Kinabalu and Semporna, face the harsh reality of statelessness — a cruel twist of fate that denies them basic rights and leaves them adrift in a sea of bureaucracy.

Recent tensions flared when authorities undertook the demolition and incineration of dwellings within the Tun Sakaran Marine Park on the east coast of Sabah. These actions, aimed at fortifying national security and safeguarding the environment, have been met with mixed reactions. The move to evict squatters was a response to the proliferation of unauthorised structures within the marine park’s confines. State Tourism, Culture, and Environment Minister Datuk Christina Liew underscored that these actions were necessary to quell security threats and curtail environmental violations.

However, the operation, encompassing regions around Bohey Dulang, Maiga, Bodhgaya, Sebangkat, and Sibuan Island, underscored the myriad challenges confronting the Bajau Laut community. Many, despite the looming spectre of deportation, regard locales like Semporna, Sabah, as their home, even though their stateless status renders them susceptible to being labelled as illegal immigrants or undocumented migrants. Birth registrations are often foregone by wary parents, fearing reprisal, thereby restricting their children’s access to education and healthcare services. While Indonesia and Malaysia have informally agreed not to detain children while in school, they remain vulnerable to arrest beyond school premises.

Criticism has also been levelled at the Bajau Laut for unsustainable fishing practices, including blast fishing and cyanide fishing, which inflict harm on marine ecosystems. Furthermore, clashes over land rights, resource allocation, and encounters with local authorities have added to their woes. Calls from human rights groups and NGOs echo for the cessation of evictions in Semporna and for increased aid provision to the Bajau Laut. Advocates stress the imperative of dialogue and negotiation to forge sustainable solutions that uphold the dignity and well-being of this resilient community.

But the rise of modern borders has trapped them in a legal purgatory, their traditional maritime lifestyle clashing with rigid notions of nationality. Offering citizenship, housing, and schooling, though presented in good faith, can inadvertently act like anchors, tethering them to a way of life that may not resonate with their nomadic spirit.

Therefore, charting a path forward for the Bajau Lauts demands a different approach — one built on respect for their self-determination and their deeply ingrained connection to the sea. The answer lies not in confining them to land but in granting them the freedom to navigate their own destiny.

Imagine a future where the Bajau Laut can traverse the waters seamlessly, welcomed in each coastal community they encounter. A regional agreement within Asean that recognises their unique status while guaranteeing access to essential services, like healthcare and education, whenever they need it, could pave the way for this maritime autonomy.

This wouldn’t just be a humanitarian gesture; it would be a celebration of their rich cultural heritage and an acknowledgment of their valuable contribution to the region’s maritime tapestry. Think of the skilled boatbuilders, the navigators who read the stars like ancient texts, the divers who dance with the fishes — their knowledge and practices are a treasure trove waiting to be shared and celebrated.

Of course, challenges remain. Ensuring responsible resource management and navigating potential tensions with coastal communities require careful consideration and dialogue. But these challenges pale in comparison to the opportunity to empower a marginalised community and rewrite a narrative marred by statelessness and discrimination.

The Australian Aboriginal experience serves as a powerful reminder of the pitfalls of imposing solutions without consent. By prioritising consultation and respecting the Bajau Lauts’ right to choose their own course, we can ensure their future is not dictated by borders but by the rhythm of the waves and the whispers of the wind.

Let us chart a course where the Bajau Lauts can freely navigate their ancestral waters, a path where their sails are filled with the winds of dignity and their future brimming with hope. Let their story be one not of struggle, but of freedom, a testament to the enduring spirit of a people who call the sea their home.

*Datuk Roger Chin is a Sabahan lawyer and former Sabah Law Society president

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.