Sabah to Table Cabinet Papers to End Child Marriages in Native Communities

20 November 2024

KOTA KINABALU: Sabah is taking decisive steps to address the issue of child marriages among its indigenous communities, with Cabinet papers expected to be tabled soon, according to Deputy Chief Minister Datuk Seri Dr Joachim Gunsalam.

Dr Gunsalam, who also serves as the Local Government and Housing Minister, revealed that amendments to the Rules of the Native Court Enactment (Native Customary Law) 1995 are being finalized by a dedicated committee under the Sabah Native Affairs Council (MHEANS). These proposed changes aim to set clearer parameters within the Native Court system to curb the practice of child marriages.

"This process involves collaboration with relevant stakeholders, and the necessary Cabinet paper has been prepared for deliberation in the near future," said Dr Gunsalam, as reported by the Daily Express.

To complement these amendments, the Sabah Native Affairs Department, through the Native Court Training Institute, will conduct specialized training programs for customary leaders. These programs will focus on the negative impacts of child marriage, fostering a deeper understanding and commitment to eradicating the practice among Indigenous communities.

Additionally, RM760,000 from the department’s total RM80.19 million allocation will be directed toward training and human resource development for Native Court personnel to ensure the effective implementation of these reforms.

The issue was brought to the forefront yesterday by Kapayan Assemblywoman Jannie Lasimbang, who questioned the ministry's delay in amending the Native Court Enactment to prohibit child marriages involving individuals under 18 years old.

Lasimbang, who previously served as an assistant minister in the now-defunct Law and Native Affairs Ministry, emphasized that efforts to introduce these amendments began in 2018 but were interrupted when the Warisan-Pakatan government lost power in 2020.

"What actions are being taken to stop the practice of marrying off minors in the Native Court, which is sometimes done to avoid statutory rape charges against boys in court?" she asked.

Child marriages remain prevalent in Sabah’s rural communities, driven by poverty and longstanding native customs. Under Malaysia’s civil law, the minimum legal age for marriage is 18 for both boys and girls. However, girls aged 16 may marry with a special license granted at the discretion of the Chief Minister.

In contrast, native customary laws lack a defined minimum age, deeming girls "mature" once they experience their first menstruation. This loophole has often led to underaged rape victims being married to their perpetrators, further perpetuating a cycle of abuse.