The Malaysian Insight

ON paper, the vexing issue of restoring the rights to Sabah and Sarawak as guaranteed under the Malaysia Agreement 1963 can be resolved by October.

On paper, the sore that festered for decades and became a major grievance between East Malaysia and the federal government can be treated and healed once and for all in a mere few months.

But in reality, the MA63 issue could be stuck in limbo for a while.

The reason: a mismatch of expectations between Putrajaya and the state governments of Sabah and Sarawak, and influential stakeholders in both states.

The Malaysia Agreement 1963 was the cornerstone legislation for the forming of Malaysia, and gave Sabah and Sarawak autonomy over several areas, including education, immigration and revenue. But over the years, these rights were diluted and both states were effectively relegated to being ordinary states in the federation.

In its election manifesto, Pakatan Harapan (PH) promised to restore Sabah and Sarawak’s equal status. Last September, Prime Minister Dr Mahathir Mohamad said that his government would honour the election pledge.

Attorney-General Tommy Thomas laid out the government’s position at the opening of the legal year for Sabah and Sabah last Saturday. 

He said the Mahathir government was serious about wanting to resolve the MA63 issue, as demonstrated by the setting up of steering, technical and working committees. 

The committees are expected to complete work by end June, after which a final report will follow.

Amendments to the federal constitution and other laws can then be tabled during the October session in Parliament.

But for consensus to be achieved and the timetable met, there must be some give and take, he said.

Reasonableness and prudence must drive the process of reinstating rights to the East Malaysian states. At the same time, intransigence and obstinacy must be avoided, said the government’s top legal officer. 

Thomas concluded: “The diversity that brought us together in 1963 must be allowed to shine brightly under the Malaysian sun.”

The AG’s speech did not melt many hearts.

He was followed by speakers from Sabah and Sarawak, and crux of what they said was that the change in the country’s political landscape was a historic opportunity for the states to reclaim rights that had been eroded. 

The states must follow the letter of the law to achieve their objectives. There was no talk of taking the middle path or give and take.

What they made crystal clear was that the aspirations of their people must be met. Autonomy and erosion of rights as enshrined under the Malaysia Agreement have been hot button issues in recent elections. 

Particularly grating for East Malaysians has been the issue of revenue. Under MA63, both states are entitled to more oil royalties and revenue than they have received over the decades.

The Sarawak government believes that rights of Sarawakians will be the most important issue at the next election.

Sarawak deputy chief minister James Masing said recently that the 2021 state elections will be anchored on one question: “Are you a Sarawakian defending Sarawak’s rights? It is a simple political argument.”

For a politician, it may be a simple political argument. 

But much is at stake in the process to restore the rights to Sabah and Sarawak. If the discussions on MA63 turn incendiary and all sides take a zero sum approach, the big loser could be Malaysia.

A drawn-out public spat could poison people-to-people ties and that would be truly sad.

Dr Mahathir will have to deliver on the election pledge of his coalition and at the same time persuade everyone that it is not possible to leave the table with all demands met

Sabah and Sarawak leaders will have to press home whatever advantage they have to get the best deal for their states.

We understand these realities. 

Let’s just hope the people at the negotiating table remember they are Malaysians. – January 23, 2019.