Sabah to table Cabinet papers to end child marriages in native communities, says deputy CM

KOTA KINABALU, Nov 20 — Papers to address the issue of child marriages among indigenous communities in Sabah will be presented to Cabinet soon for deliberation, said deputy chief minister Datuk Seri Dr Joachim Gunsalam.

Dr Gunsalam, who is also local government and housing minister, said the amendments to the Rules of the Native Court Enactment (Native Customary Law) 1995 were being prepared by a committee under the Sabah Native Affairs Council (MHEANS).

“This process involves close collaboration with relevant stakeholders, and a Cabinet paper has been prepared for presentation to the Cabinet in the near future,” he said.

He said the Sabah Native Affairs Department, through the Native Court training institute, will develop and implement specialised training related to the impacts and effects of child marriage among Indigenous communities with the involvement of customary leaders after these amendments are implemented.

Additionally, to enhance the performance of Native Court personnel, RM760,000 from the total allocation received by the Sabah Native Affairs Department (JHEANS) amounting to RM80.19 million is used for training and human resource development involving Native Court personnel.

Yesterday, Kapayan assemblyman Jannie Lasimbang asked the ministry why there has not yet been an amendment to the Native Court Enactment to stop child marriages among those under 18 years old in Indigenous communities.

Lasimbang, who was an assistant minister under the short-lived law and native affairs ministry, had been working on the amendments to limit the age of marriage to 18 years and above since 2018 until the Warisan-Pakatan lost the election in 2020.

“What actions are being taken to stop the practice of marrying off minors in the Native Court to avoid accusations of statutory rape against boys in court?” she asked.

Child marriages in Sabah’s rural communities are still practised as they grapple with poverty and native customs.

Under civil law, the minimum age of marriage for boys and girls is 18 years old.

Girls who have reached the age of 16 may get married upon obtaining a licence granted in the exercise of discretionary power by the Chief Minister.

However, in native customary law, there is no stated minimum age as a girl is deemed “matured” with her first period.

This also paves the way for underaged rape victims to be allowed to marry their rapists.