A set of criteria and selection process for the posts of village, district and native chiefs should be put in place to ensure their appointments are free of political interference, Human Rights Commission (Suhakam) chair Hasmy Agam said.

Making the call here, Hasmy said all parties had in principle agreed to such arrangement but the challenge now would be how to put it into practice.

"The issue over the appointment of village, district and native chiefs is a cause for concern among many people especially the natives who want be treated fairly ... there is also the question about the independence of the native court.

"I hope we can discuss this in this forum with an open mind," he said when opening a forum on Sabah's customary law system here today.

The forum was participated by 130 people including village, district and native chiefs as well as non-governmental organisations, political parties, academicians, lawyers and representative of the United Nations Development Programme.

Met by reporters later, Hasmy described the issue as universal due to the thin lines separating community and politics and that it was quite normal for the holders of such posts to be politically inclined.

"But he or she should be wise enough not be influenced by political standing in resolving certain issues or disputes.

"So it's best if there is no link (with politics) so that the person will be accepted by everybody.  

"If he or she is linked to politics, it is very difficult for the person to generate support for the actions he or she wants to take," he said.

Native court crucial

Hasmy also said that the native court institutions was still important to provide access to justice, especially among the natives because it was less costly, easily accessible and in tune with the natives' worldview.

He said the native court institutions in Sabah and Sarawak were among the few remaining indigenous people's legal systems in the world which received recognition from the government.

In other countries, he said, traditional courts had long given way to the modern legal system.

The forum discussed various issues including ways to enhance the roles of the native court, the need to review existing law, the proposal for a Native Court Judicial Department, the role of defence lawyer in the Native Court of Appeal as well as how the community and village chiefs can participate actively in strengthening the state's custom institution.

- Bernama