.jpg)
(1.0) Introduction
In history that after the inception of Malaysia, the rights of the people of Sabah and Sarawak gradually dissipated and that the Federal government had tacitly centralised all powers. The autonomy of the Peninsular States and those of the Bornean regions were greatly impacted by this.
The effects of concentration of powers into the Federal Government can be observed through the litmus paper of what Sabah and Sarawak experienced since Malaysia Day on 16th September 1963. As we propel into the 21st Century, Sarawak BN has quit and formed their own coalition known as Gabungan Parti Sarawak (GPS) to champion for the MA63 under the leadership of Abang Johari.
The trend is the same in Sabah, with Warisan at the front bench to reinstate the MA63. As of now, the best solution is to renegotiate the compliance as espoused under the MA63, greater autonomy and to restore the equal status within the Federation.
It was only contemporaneously today, several amendments were made to the Federal Constitution (FC), particularly returning the 'equal status' position of Sabah and Sarawak before the 1974 amendments to the FC, as if Sabah and Sarawak were Malayan States.
This was espoused as under article 1(2) of the FC as celebrated by the Minister of Law and Parliament, Wan Junaidi Tuanku Jaafar, MP for Santubong and member of Parti Pesaka Bumiputera Bersatu (PBB), followed by another 4 amendments, including the insertion of Malaysia Day under article 160(2) of FC.
(2.0) Underlying Violation of Malaysia Agreement 1963 (MA63) Rights
(2.1) History and Arrival of MA63
Initially, the conception of the MA63 where there was the unity of the territories of Malaya, Singapore, North Borneo (Sabah) and Sarawak in 1963 was as a political front to dispel and combat the threat of communism and as a co-prosperity sphere for the enjoyment of social and economic benefits in a 'equal partner status'.
Prior to the establishment of Malaysia, there was the 1961 Commission of Enquiry or known as the Cobbold Commission or Report. It was to ascertain the wishes of the people of North Borneo and Sarawak. 1/3 supported forming Malaysia, 1/3 supported Malaysia but with 'safeguards' and another 1/3 rejected Malaysia as they wanted independence first.
One interpretation of the results, actually 2/3 of the people of North Borneo and Sarawak opposed the idea of Malaysia. Moreover, the Cobbold Commission was not even independent as the members were not independent actors. Many of the indigenous population was not well-informed of what the concept of Federation is or a new sovereign state.
The 'safeguards' mentioned were the 20 points submitted by the Sabahans and the 18 points from the Sarawakians. Next, there was the Inter-Governmental Committee (IGC) or sometimes known as the Lansdowne Committee to configure the insertion of the 20 points into the new Malaysian Constitution.
IGC was then endorsed by both the Sarawakian and North Bornean Legislative Councils and the MA63 was formally signed in London and later the British House of Commons passed the Malaysia Bill. The formation was conjoined with the UN Resolution 1514, concerning decolonisation of the world.
The only matters that Sabah and Sarawak had to concede is under the current Federal List which includes matters on external affairs, defence, internal security, citizenship, finance, trade, commerce, shipping, navigation, fisheries, civil and criminal law and procedure, industry, communication, transport, survey, education and publications.
However, there have been concerns of the derogation or erosion of the rights under the MA63.
(2.2) Beginning of the End of MA63
Donald Stephens or his Muslim name, Fuad Stephens was the Chief Minister of Sabah when he won the State Elections with 28 out of 48 seats in 1976. He rejected the PDA 1976 on the 5% oil royalty and insisted on 20% instead. He met with an accident which was known as the Double Six Air Crash.
Fuad was a staunch advocate for the equal status partner within the Federation. Some scholars suggest that due to the hesitant agreement on oil royalty, there was a malicious ploy behind the crash.
It happened a day before the signing of the agreement between Fuad and Petronas, together with other Cabinet Members who met with the air crash. None of the passengers survived and it was classified as a National Secret. There was no plausible explanation for the accident.
A new Chief Minister was quickly replaced who agreed with Petronas on the 5% oil royalty and this paved way for the entrance of UMNO into Sabah and the downfall of the MA63 rights.
(2.3) The Main Breaches of the MA63
It can be surmised that there 7 main breaches within the MA63.
Number 1: Official Religion
Originally Islam should not have been the national religion to Sarawak and Sabah. In Sarawak, 40% of the population are Christians and that for the Kadazandusun Murut (KDM), are mostly Catholics.
There is the portrayal that the Federal Government is limiting the spread of Christianity and to regulate the religion. The Kalimah Allah issue is one of the contentious issues. The word Allah has been used by the Christian Community in Borneo ever since and it is the West Malaysian politics that are not yet accustomed to it. There were also steps to ban Bibles in the Iban language.
A violation of this Point was when Sabah's Constitution was amended in 1973 to make Islam as the de jure State Religion and that there were similar attempts in Sarawak, but so far has failed.
Number 2: Immigration
Immigration was vested into the State Governments. However, today, there have been the large influx of Muslim Filipino and Indonesian PATI or immigrants into the regions and were given citizenship to vote for the BN-led or Malayan based political parties to win and change the religious-racial composition or demographics in Sabah.
In its sensational terms, it was known as Project M, named after Tun Dr. Mahathir during that time. In 1976, there were 22 KDM seats in the State Assembly. In 2008, there were only 13 left. In contrast, in 1976, the Muslim seats were only 18, but in 2008, it became 36.
When a Royal Commission of Inquiry (RCI) was established, they declared that it was 'more likely than not' that Project M actually existed. However, one witness involved in the issuance of IC's to PATIs confessed that it was his duty to distribute them to increase the Muslim population in Sabah for Muslim administration.
Number 3: Civil Service
There was too rapid Borneanisation of the Civil Service. When the British administrators left, only Muslim civil servants were adopted into the Civil Service, despite eligible non-Muslims and Chinese candidates.
According to statistics, 30 out of 46 senior positions in Sarawak with JUSA grade are Malays (75%). Hence, Sarawak only has 20% Malay Population, but the Malays dominate the higher hierarchy of the Civil Service.
Number 4: Alterations of the MA63
Supposedly, there should be no amendments or modification of the safeguards under the MA63, such as the 20 points by the Federal Government without the consent of the Sabah and Sarawak Governments. For amending the Constitution, a 2/3 majority is only required for matters related to Sabah and Sarawak.
Number 5: Right to Secede
There may be the right to secede from the Federation, since Singapore became the precedent for this.
Number 6: Rights of the Natives and Regional Politics
Regional Politics
The indigenous groups of Sabah and Sarawak are treated as second-class Bumiputera. In Sabah, the largest indigenous group are the KDM and in Sarawak, it is the Dayak. There is high degree of interracial marriages, especially the mix of Sino-Kadazan.
Politically speaking, despite having a rather large proportion in population, there were only two Iban Chief Ministers in Sarawak and it ended in 1970, with Abdul Rahman Yakub's (PBB) office. The Federal Government intruded in 1966 as Stephen Kalong Ningkan (Sarawak National Party, SNAP) was removed as he was Sarawak's first Iban-Dayak Chief Minister.
He was ousted as he wanted to make radical changes for the non-natives for more access to land and opposed the national language and education policy. Tunku Abdul Rahman reacted to pressure his resignation. Conducts to remove Ningkan was hindered by the Borneo High Court.
An emergency was later declared in Sarawak to amend the Sarawak Constitution to allow the Sarawak Governor to commence the Council of Negri and expulse Ningkan from Chief Minister post.
The political system in Borneo was rigged, that only Chief Ministers who are Muslims are able to hold helm of the government. The Malayan idea of politics where parties are segregated into races were imported into Borneo. This was to ensure the Sabah and Sarawak supports the policies by their Peninsular Malaysia counterpart.
The situation is Sabah is that, since 2004, the rotational Chief Minister system had ceased and until today, only Muslims occupy the office or tenure. In the past, Mustapha Harun battled with Donald Stephens who was the first Huguan Siou (paramount leader) of the Kadazandusuns.
Stephens was only accepted by the Federal Government when he converted to Islam as Fuad Stephens. In the 1980s, the Federal Government supported Harris Salleh, a Muslim leader against the Catholic Huguan Siou, Joseph Pairin Kitingan through Parti Bersatu Sabah (PBS) which he established.
Though, as Pairin won the 1985 and 1986 State Elections, he was pressured to include a Muslim party in his coalition. In 1994, Pairin almost won when the State Elections as the Federal Government encouraged party-hopping, causing the collapse of his administration.
Native and Land Rights
The ancestral and customary rights of the natives were hampered as they lose legal battles for their Native Customary Rights (NCR) lands. Moreover, under the New Economic Policy (NEP), it was only the Muslim and Malay Bumiputeras that actually benefitted from the policy. The natives of Borneo only accessed the residues and the only benefit they received was for higher education.
The Federal Government could acquire any State land for Federal development purposes and through the power of the Constitution under the proclamation of emergency, while also amending Constitution of States.
Number 7: Finances and Development
Sabah and Sarawak has experienced hardship of their loss of autonomy over their financial affairs, expenditure and tariffs. Both these regions are rich in natural resources with large deposits of oil and gas off the coast. The land size is larger than Peninsular Malaysia, but are scarcely populated. Both region combined only comprise of 20% of the Malaysian population.
If it were not for the Petroleum Development Act (PDA 1974), Sabah and Sarawak may have been more developed than it is today. It is a statute, were States with oil and gas, including the Bornean regions are only given 5% of royalty as the Federal Government extracts it.
Both Sabah and Sarawak contribute the largest chunk of oil income, and the funds generated are mostly invested into Peninsular Malaysia only. Constitutionally speaking, Sabah is entitled to 40% of net revenue garnered under the MA63's "Special Grants to the State of Sabah and Sarawak". None of this were realised and the Federal Government should have owed billions of ringgits in arrears.
Sabah and Sarawak are one of most underdeveloped States with no access to electricity, roads or piped water. The Pan-Borneo Highway is the only project, connecting between Sarawak to Sabah. Generally, Sabah and Sarawak are around a decade behind West Malaysia.
In the extremes, West Malaysia is branded as colonisers and that the distribution of income from the exploitation of natural resources are not equal in ratio to the budget. Budget 2019, saw Sarawak only received RM4.3 billion allocations while Federal Ministries received far greater in amount.
(3.0) Conclusion
To conclude, there are colossal changes as enshrined under the Federal Constitution today and the steady refurbishment of the MA63 rights. There are still many areas and segments that needs to be ameliorated and a lengthy discourse is highly encouraged.
For now, it is important for us to maintain unity and to accept our similarities among the dissimilarities. This way, we are able to cast a stronger and more harmonious nation that is able to help and support one another. The MA63 should be further taught and instilled in the minds of students across the nation so that the same trials experienced in other circumstances are addressed.
(4.0) References;
James Chin (2019) ‘The 1963 Malaysia Agreement (MA63): Sabah And Sarawak and the Politics of Historical Grievances’ in S. Lemiere (ed), Minorities Matter: Malaysian Politics and People (Singapore: ISEASYusuf Ishak Institute) pp. 75-92
Liang, C., (n.d) Revised the States-Federal Relationship and Malaysia Agreement: Centralized Federalism of Malaysia and Conflict in Sabah and Sarawak. Retrieved from, https://www.academia.edu/43978834/Revised_the_States_Federal_Relationship_and_Malaysia_Agreement_Centralized_Federalism_of_Malaysia_and_Conflict_in_Sabah_and_Sarawak
Bernama (February, 2022) Wan Junaidi: Amendments to Federal Constitution come into force today. Retrieved from, https://www.nst.com.my/news/government-public-policy/2022/02/770673/wan-junaidi-amendments-federal-constitution-come-force
TheSunDaily (March, 2022) Redelineation exercise for Sabah, Sarawak must follow legal process: Wan Junaidi. Retrieved from, https://www.thesundaily.my/home/redelineation-exercise-for-sabah-sarawak-must-follow-legal-process-wan-junaidi-YI8947607
Comments
Post a Comment