KOTA KINABALU: The state government will enact legal reforms to address child marriages within indigenous communities while recognising the complex cultural practices and poverty that contribute to the problem.
Deputy Chief Minister Datuk Seri Dr Joachim Gunsalam confirmed that a Cabinet paper on the issue is ready to be tabled for deliberation.
“This process involves close collaboration with relevant stakeholders, and a Cabinet paper has been prepared for presentation to the Cabinet soon,” he said in his winding-up speech at the State Legislative Assembly on Wednesday (Nov 20).
The Local Government and Housing Minister added that amendments to the Rules of the Native Court Enactment (Native Customary Law) 1995 are being prepared by a committee under the Sabah Native Affairs Council.
He said the Sabah Native Affairs Department, in partnership with the Native Court Training Institute, will design and implement specialised training aimed at raising awareness of the impact of child marriage within indigenous communities.
Customary leaders will be engaged in this initiative once the amendments are enacted.
“A total of RM760,000 from the RM80.19mil will be used for training and human resource development as part of the effort to enhance the effectiveness of Native Court personnel,” Dr Gunsalam added.
Earlier, Jannie Lasimbang (DAP-Kapayan) raised concerns over the absence of amendments to the Native Court Enactment to prevent child marriages for those under 18 in indigenous communities.
The former assistant minister in the Ministry of Law and Native Affairs had worked on amendments to set the legal marriage age at 18 since 2018, but her efforts were halted when the Warisan-Pakatan government lost the election in 2020.
“What actions are being taken to prevent the practice of marrying off minors in the Native Court, and to avoid accusations of statutory rape against boys in these cases?” Lasimbang questioned.
Child marriages remain a significant issue in Sabah's rural Indigenous communities, influenced by both cultural practices and poverty.
A loophole in Native Customary Law, which does not set a clear minimum age for marriage, allows girls to marry once they reach puberty. This has led to cases where underage rape victims are married off to their perpetrators.
