Revive temporary pass for Bajau Laut with legal safeguards, say experts

Revive temporary pass for Bajau Laut with legal safeguards, say experts

Lawyer Roger Chin supports the call to reintroduce the Sabah Temporary Pass for the community, but warns it should only be a temporary solution.

bajau laut
Reviving the Sabah Temporary Pass would give the Bajau Laut community access to healthcare, education and safety, says Mandiri Borneo director Wong Kueng Hui. (Bernama pic)
PETALING JAYA:
Two experts have expressed support for former Sabah chief minister Shafie Apdal’s call to reintroduce the Sabah temporary pass (PSS) for the stateless Bajau Laut community, but warn of risks without strong legal safeguards.

Former Sabah Law Society president Roger Chin said the PSS could provide the community access to formal employment, thereby alleviating poverty and reducing reliance on illegal means of livelihood.

“(The PSS) holds potential (for the Bajau Laut) to become part of the mainstream economy, offering opportunities to integrate their unique maritime skills into sectors like tourism and marine conservation.

“Such inclusion could also help Sabah address labour shortages, particularly in industries where the Bajau Laut have relevant expertise,” he told FMT.

Roger Chin
Roger Chin.

However, Chin said the PSS should only be a temporary solution as it does not address the underlying issue of statelessness. The community remains vulnerable to exploitation and social marginalisation without a clear pathway to permanent residency, he added.

Chin said a robust framework of safeguards is essential to avoid exploitation. These, he said, must address labour rights parity, education and skills training, and access to basic services.

He also raised concerns over potential resistance from local communities and stakeholders who view the Bajau Laut as “outsiders”, saying the PSS could potentially be exploited as a means of entering Malaysia illegally, instead of as a solution to a humanitarian issue.

Chin insisted that careful messaging and transparent policies are vital to allay concerns and foster support.

“The extent to which the people of Sabah would welcome the PSS depends largely on how it is presented and implemented.

“It is crucial to emphasise that it would not undermine the rights of Sabahans or detract from their access to resources, but rather provide a structured solution to the longstanding issue of statelessness and contribute positively to the state’s economy through the integration of the Bajau Laut,” he said.

In September 2019, then home minister Muhyiddin Yassin and Shafie, the state’s chief minister at the time, proposed that the PSS be implemented beginning June 1, 2020. The proposal was scrapped following backlash from local communities which saw Shafie’s party, Warisan, defeated in the Kimanis by-election in January 2020.

Wong Kueng Hui
Wong Kueng Hui.

Wong Kueng Hui, an activist and the director of Mandiri Borneo, supports the PSS revival initiative, saying it would also give the Bajau Laut community access to healthcare, education and safety.

“The PSS will allow the Bajau Laut to live legally with dignity and respect, meaning they do not have to live in fear of arbitrary arrest and can seek proper employment to sustain themselves,” Wong told FMT.

Wong, who was stateless until age 27, said the stateless community, which lives in fear and desperation, should be allowed to coexist freely and contribute to the country.

He cited “The Cost of Statelessness”, a study conducted by Subang MP Wong Chen in 2019 that found Sabah’s GDP could increase by up to RM32 billion annually if its stateless population has access to public education and legal employment.

“Mandiri Borneo looks forward to the realisation of the PSS. We are ready to be a strategic partner with the government to ensure the success of its implementation,” he said.

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