The 'Sea Gypsies' of Borneo

Sabah's indigenous Bajau Laut native, also known as 'Sea Gypsies' or nomads of the sea, are arguably some of the most marginalised people in Malaysia. The Bajau Laut tribe inhabits the coastal region of Sabah and have been practising their nomadic and traditional lifestyles for many generations. Despite that, many Bajau Laut have no legal nationality documents and are often labelled and grouped together with other 'immigrants'. The issue of statelessness within the Bajau Laut community has denied them access to education, funding support, healthcare and most importantly, the question of their national identity. In addition to the matter, the Bajau Laut is forced their way out into the city in order to sustain their living due to the restrictions on fishing which deeply affects their traditional way of life.

The community of the Bajau Laut is greatly affected by the condition of statelessness which affects many individuals within this and other ethnic minorities in Malaysia. The outbreak of civil unrest in the southern Philippines in the mid-1970s led to an influx of thousands of Bajau Laut and other ethnic groups into nearby Sabah. Whilst some were accorded refugee status, many did not seek to register themselves as refugees. The conditions attached to the refugee pass have changed frequently in the intervening period,  causing many of them ineligible for continued status as a refugee. Consequently, a large number of Bajau Laut people in Sabah possess no valid Malaysian identity documentation or being unwilling or unable to return to areas in the southern Philippines. Furthermore, under the Malaysian Births and Deaths Registration Act (1957), a child will be deemed stateless if she/he does not possess birth registration documents proving the citizenship of both parents. Thus, statelessness is passed down many generations, as many Bajau Laut living in Sabah are neither Malaysian citizen nor have valid refugee status. Stateless people cannot  access healthcare and education in Malaysia, and they are also vulnerable to violence, detention or arrest.

The Bajau Laut of eastern Sabah live within the Sulu-Sulawesi Marine Ecoregion (SSME), which includes the Tun Sakaran Marine Park which is the largest marine park in Malaysia., covering around 350km, and is also the only marine park to include a resident population which consisted of approximately 2500 people in 2006. The same report concluded that approximately 60 per cent of the park's population may be considered stateless, with the Bajau Laut accounting for around half of this group, whilst only 17% of park residents were Malaysian citizens. The restrictions on fishing which was implemented by the Marine Park affected the Bajau Laut community in their traditional way of living. The Bajau Laut community, who are highly dependent on the sea as their main sources of food supply and income, were forced to move into the city to find other alternatives to ensure the survival of their tribe and families.  They did not have much choice as it was the only way they can continue to feed their families and themselves. Those who stayed behind and fish illegally in the territories of the Marine Park will be caught by the park guards to be sent to prison. 

The issues of statelessness further adds on the problems faced by the Bajau Laut community when migrating into the city. The Bajau Laut are automatically labelled and stigmatized as 'immigrants' and are forced into hiding for the rest of their lives, as to avoid being arrested for illegal migration. The position of the stateless denied these people access to property, protection, education, healthcare and financial/crisis funds or donations. Without the proper access of education, and the basic knowledge of reading, writing and counting, the Bajau Laut community faces the hardships of getting jobs in the city to sustain their lives. They have been very dependent on the sea for their daily source of food and it is a proven facts that the Bajau Laut is only good in marine related activities, such as diving. There's no doubt that this community will feel displaced and alienated upon migrating to the city when they have been living by the sea throughout their entire lives. Besides that, the Bajau Laut community also does not have a place to stay upon migrating to the city. Temporary housing is not provided for them, also due to their stateless position. This group of people struggle to live on and continued to seek refuge under the bridge. The survival of young babies, those who were very ill and the elderly was difficult and most of them were not able to survive due to the lack of access to medical healthcare.

Various non-government organisation (NGO) that monitors and advocate for the respect of human rights in Malaysia have risen to this issue and many have voiced out the problems and crisis that is arising in the Bajau Laut community. There are a few possible solutions and suggested courses of action that will be carried out by NGOs to highlight the importance of this issue and to resolve this crisis. Volunteers from these organisations will approach this Bajau Laut community who are in the city and proceed to help provide a temporary shelter  home for those who are really in need. Some of them have also conducted a press release and petition signing, in regard with this issue to address this problem to the government. At the same time, there are plans to conduct talks and workshops as well as writing about this issue and problem via social media to help spread awareness to the public. Proposals have been written to the government on suggestions for NGOs to work hand in hand with the Marine Parks and come up with a solution that will benefit both parties, the Bajau Laut and also the Marine Parks. The idea of the project consists in involving the Bajau Laut community to work co-operatively with the Marine Parks to preserve the marine eco system. Funding from the government will go to the Bajau Laut community as part of their income so that they will no longer have the need to fish in the protected areas of the Marine Park.

In conclusion, the people of Bajau Laut are highly vulnerable to exploitation and abuse, as they are ill-treated and taken advantage of, by the higher authorities.
The Bajau Laut communities are human beings as well and they too deserve their equal rights as a citizenship to this country, considering the fact that they have been residing in Sabah for centuries. They should not be denied their right to claim citizenship and being part of the land. As citizens of this country, we should also spread awareness and highlight the importance of this issue so that the Bajau Laut community will no longer be treated or seen as 'invisible'.

Prepared by,

Lim Joo Yi

Corporate Executive

Vision College